# Official Journal C 303E/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 303E |
| | |
| English edition | Information and Notices | Volume 4913 December 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 303E

English edition

Information and Notices

Volume 4913 December 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | European Parliament |
| | Monday, 3 July 2006 |
| 2006/C 303E/01 | MINUTES | 1 |
| PROCEEDINGS OF THE SITTING


  Resumption of session


  Statement by the President


  Approval of Minutes of previous sitting


  Membership of committees and delegations


  Membership of Parliament (Observers)


  Verification of credentials


  Signature of acts adopted under codecision


  Documents received


  Texts of agreements forwarded by the Council


  Transfers of appropriations


  Order of business


  One-minute speeches on matters of political importance


  Crisis of Equitable Life (debate)


  Consolidation in financial services — Mergers and acquisitions (M&A) developments around Europe's stock exchanges (debate)


  Cabotage and international tramp services * (debate)


  Payer information with transfers of funds ***I (debate)


  Recent developments in and prospects for company law (debate)


  Reducing the climate change impact of aviation (debate)


  Application of the Aarhus Convention to EC institutions and bodies ***III (debate)


  Batteries, accumulators and their waste ***III (debate)


  Agenda for next sitting


  Closure of sitting |
| ATTENDANCE REGISTER | 13 |
| | Tuesday, 4 July 2006 |
| 2006/C 303E/02 | MINUTES | 15 |
| PROCEEDINGS OF THE SITTING


  Opening of sitting


  Documents received


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


  70 years after General Franco's coup d'état in Spain — (Statements by the President and the political groups)


  ERDF, ESF, Cohesion Fund (general provisions) *** — Establishment of a Cohesion Fund *** — European Social Fund ***II — European Regional Development Fund ***II — European grouping of territorial cooperation (EGTC) ***II (debate)


  Voting time


  Request for consultation of the European Economic and Social Committee: The impact and consequences of structural policies on EU cohesion (Rule 117) (vote)


  Request for consultation of the Committee of the Regions: The impact and consequences of structural policies on EU cohesion (Rule 118) (vote)


  Transnational organised crime (the smuggling of migrants) * (Rule 131) (vote)


  Transnational organised crime (trafficking in persons) * (Rule 131) (vote)


  Application of the Aarhus Convention to EC institutions and bodies ***III (vote)


  Batteries, accumulators and their waste ***III (vote)


  European Social Fund ***II (vote)


  European Regional Development Fund ***II (vote)


  European grouping of territorial co-operation (EGTC) ***II (vote)


  Service of documents in civil or commercial matters ***I (vote)


  ERDF, ESF, Cohesion Fund (general provisions) *** (vote)


  Establishment of a Cohesion Fund *** (vote)


  Cabotage and international tramp services * (vote)


  Own resources * (vote)


  Crisis of Equitable Life (vote)


  Consolidation in financial services (vote)


  Recent developments in and prospects for company law (vote)


  Reducing the climate change impact of aviation (vote)


  Explanations of vote


  Corrections to votes and voting intentions


  Approval of Minutes of previous sitting


  Economic and social consequences of business restructuring in Europe (debate)


  Investing for growth and employment (debate)


  Towards a more integrated approach for industrial policy (debate)


  Question Time (Commission)


  Towards a more integrated approach for industrial policy (continuation of debate)


  Technical requirements for inland waterway vessels ***II (debate)


  Harmonisation of technical requirements and administrative procedures in air transport ***II (debate)


  Shipments of radioactive waste and nuclear spent fuel * (debate)


  Agenda for next sitting


  Closure of sitting |
| ATTENDANCE REGISTER | 31 |
| ANNEX I | 33 |
| ANNEX II | 43 |
| TEXTS ADOPTED | 64 |
| P6_TA(2006)0281Transnational organised crime (the smuggling of migrants) *European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS)) | 64 |
| P6_TA(2006)0282Transnational organised crime (trafficking in persons) *European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS)) | 64 |
| P6_TA(2006)0283Application of the provisions of the Aarhus Convention to EC institutions and bodies ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD)) | 65 |
| P6_TA(2006)0284Batteries, accumulators and their waste ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a Directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (PE-CONS 3615/4/2006 — C6-0154/2006 — 2003/0282(COD)) | 66 |
| P6_TA(2006)0285European Social Fund ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (9060/4/2006 — C6-0188/2006 — 2004/0165(COD)) | 67 |
| P6_TA(2006)0286European Regional Development Fund ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (9059/4/2006 — C6-0187/2006 — 2004/0167(COD)) | 67 |
| P6_TA(2006)0287European grouping of territorial co-operation (EGTC) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (9062/2/2006 — C6-0189/2006 — 2004/0168(COD)) | 68 |
| P6_TA(2006)0288Service of documents in civil or commercial matters ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD)) | 69 |
| P6_TC1-COD(2005)0126Position of the European Parliament adopted at first reading on 4 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters | 69 |
| ANNEXREQUEST FOR SERVICE OF DOCUMENTS | 75 |
| P6_TA(2006)0289ERDF, ESF, Cohesion Fund (general provisions) ***European Parliament legislative resolution on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (9077/2006 — C6-0192/2006 — 2004/0163(AVC)) | 100 |
| ANNEXEUROPEAN PARLIAMENT AND COMMISSION STATEMENT | 101 |
| P6_TA(2006)0290Establishment of a Cohesion Fund ***European Parliament legislative resolution on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (9078/2006 — C6-0191/2006 — 2004/0166(AVC)) | 101 |
| P6_TA(2006)0291The liner conference block exemption and cabotage and international tramp services *European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS)) | 102 |
| P6_TA(2006)0292Own resources *European Parliament legislative resolution on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS)) | 106 |
| P6_TA(2006)0293Crisis of Equitable LifeEuropean Parliament resolution on the crisis of the Equitable Life Assurance Society (2006/2026(INI)) | 108 |
| P6_TA(2006)0294Consolidation in the European financial services industryEuropean Parliament resolution on further consolidation in the financial services industry (2006/2081(INI)) | 110 |
| P6_TA(2006)0295Recent developments in and prospects for company lawEuropean Parliament resolution on recent developments and prospects in relation to company law (2006/2051(INI)) | 114 |
| P6_TA(2006)0296Reducing the climate change impact of aviationEuropean Parliament resolution on reducing the climate change impact of aviation (2005/2249(INI)) | 119 |
| | Wednesday, 5 July 2006 |
| 2006/C 303E/03 | MINUTES | 124 |
| PROCEEDINGS OF THE SITTING


  Opening of sitting


  Presentation of the programme of the Finnish Presidency (debate)


  Situation in Palestine (debate)


  Voting time


  Strengthening cross-border police cooperation * (Rule 131) (vote)


  Technical requirements for inland waterway vessels ***II (vote)


  Harmonisation of technical requirements and administrative procedures in air transport ***II (vote)


  Shipments of radioactive waste and nuclear spent fuel * (vote)


  Investing for growth and employment (vote)


  Towards a more integrated approach for industrial policy (vote)


  Welcome


  Explanations of vote


  Corrections to votes and voting intentions


  Approval of Minutes of previous sitting


  Protection preservation of the religious heritage in the northern part of Cyprus (written declaration)


  International adoption in Romania (written declaration)


  Extraordinary rendition (debate)


  Interception of bank transfer data from the SWIFT system by the US secret services (debate)


  Question Time (Council)


  Visa policy with regard to western Balkan countries — Visa facilitation for the countries of the Western Balkans (debate)


  Implementing powers conferred on the Commission (Interinstitutional agreement) — Implementing powers conferred on the Commission (procedures) (debate)


  Mutual information procedure * — Integration of immigrants in the European Union — European Union immigration policy


  AIDS — Time to deliver (debate)


  Agenda for next sitting


  Closure of sitting |
| ATTENDANCE REGISTER | 134 |
| ANNEX I | 136 |
| ANNEX II | 143 |
| TEXTS ADOPTED | 155 |
| P6_TA(2006)0297Strengthening cross-border police cooperation *European Parliament legislative resolution on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (6930/2005 — C6-0117/2005 — 2005/0804(CNS)) | 155 |
| P6_TA(2006)0298Technical requirements for inland waterway vessels ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (13274/1/2005 — C6-0091/2006 — 1997/0335(COD)) | 157 |
| P6_TC2-COD(1997)0335Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of European Parliament and Council Directive 2006/.../EC laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC | 158 |
| ANNEX ILIST OF COMMUNITY INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2, 3 AND 4 | 168 |
| ANNEX IIMINIMUM TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1, 2, 3 AND 4 | 189 |
| ANNEX IIISUBJECTS FOR POSSIBLE ADDITIONAL TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1 AND 2 | 353 |
| ANNEX IVSUBJECTS FOR POSSIBLE REDUCTIONS OF THE TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 3 AND 4 | 354 |
| ANNEX VMODEL COMMUNITY INLAND NAVIGATION CERTIFICATES | 355 |
| ANNEX VIMODEL REGISTER OF COMMUNITY INLAND NAVIGATION CERTIFICATES | 372 |
| ANNEX VIICLASSIFICATION SOCIETIES | 375 |
| ANNEX VIIIRULES OF PROCEDURE FOR THE CARRYING OUT OF INSPECTIONS | 377 |
| ANNEX IXREQUIREMENTS APPLICABLE TO SIGNAL LIGHTS, RADAR INSTALLATIONS AND RATE-OF-TURN INDICATORS | 378 |
| P6_TA(2006)0299Harmonisation of technical requirements and administrative procedures in air transport ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (13376/1/2005 — C6-0090/2006 — 2000/0069 (COD)) | 437 |
| P6_TC2-COD(2000)0069Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation | 438 |
| ANNEX | 445 |
| P6_TA(2006)0300Shipments of radioactive waste and nuclear spent fuel *European Parliament legislative resolution on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (COM(2005)0673 — C6-0031/2006 — 2005/0272(CNS)) | 634 |
| P6_TA(2006)0301More research and innovation — investing for growth and employmentEuropean Parliament resolution on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (2006/2005(INI)) | 640 |
| P6_TA(2006)0302Towards a more integrated approach for industrial policyEuropean Parliament resolution on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (2006/2003(INI)) | 646 |
| | Thursday, 6 July 2006 |
| 2006/C 303E/04 | MINUTES | 651 |
| PROCEEDINGS OF THE SITTING


  Opening of sitting


  Documents received


  Development and migration (debate)


  Fair Trade and development (debate)


  Results of the WTO meetings at the end of April in Geneva and future perspectives (debate)


  Voting time


  Simplification of VAT charging to counter tax evasion and avoidance * (Rule 131) (vote)


  EU-Caribbean partnership for growth, stability and development (Rule 131) (vote)


  Protecting European healthcare workers from blood borne infections due to needlestick injuries (Rule 131) (vote)


  European Neighbourhood and Partnership Instrument ***I (vote)


  Instrument for Stability ***I (vote)


  Instrument for Pre-Accession Assistance (IPA) * (vote)


  Implementing powers conferred on the Commission (Interinstitutional agreement)


  Implementing powers conferred on the Commission (procedures) * (vote)


  Payer information with transfers of funds ***I (vote)


  Financial Regulation applicable to the general budget of the European Communities * (final vote)


  Mutual information procedure * (vote)


  Modification of the Protocol on Privileges and Immunities (vote)


  Economic and social consequences of business restructuring in Europe (vote)


  Extraordinary rendition (vote)


  Interception of bank transfer data from the SWIFT system by the US secret services (vote)


  Integration of immigrants in the European Union (vote)


  Development and migration (vote)


  Fair trade and development (vote)


  AIDS — Time to deliver (vote)


  Explanations of vote


  Corrections to votes and voting intentions


  Approval of Minutes of previous sitting


  Communication of Council common positions


  Results of the WTO meetings at the end of April in Geneva and future perspectives (continuation of debate)


  Indication of the country of origin of certain products imported from third countries (origin marking) (debate)


  Debate on cases of breaches of human rights, democracy and the rule of law (debate)


  Somalia


  Mauritania


  Freedom of expression on the internet


  Voting time


  Somalia (vote)


  Mauritania (vote)


  Freedom of expression on the internet (vote)


  Indication of the country of origin of certain products imported from third countries (origin marking) (vote)


  Explanations de vote


  Corrections to votes and voting intentions


  Membership of committees and delegations


  Request for the waiver of parliamentary immunity


  Decisions concerning certain documents


  Written declarations included in the register (Rule 116)


  Forwarding of texts adopted during the sitting


  Dates for next sittings


  Adjournment of session |
| ATTENDANCE REGISTER | 669 |
| ANNEX I | 671 |
| ANNEX II | 690 |
| TEXTS ADOPTED | 747 |
| P6_TA(2006)0303Simplification of VAT charging to counter tax evasion and avoidance *European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations (COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS)) | 747 |
| P6_TA(2006)0304EU-Caribbean partnership for growth, stability and developmentEuropean Parliament resolution on the EU-Caribbean partnership for growth, stability and development (2006/2123(INI)) | 750 |
| P6_TA(2006)0305Healthcare workers and blood-borne infections due to needlestick injuriesEuropean Parliament resolution with recommendations to the Commission on protecting European healthcare workers from blood-borne infections due to needlestick injuries (2006/2015(INI)) | 754 |
| ANNEX TO THE MOTION FOR A RESOLUTIONDETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED | 756 |
| P6_TA(2006)0306European Neighbourhood and Partnership Instrument ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (COM(2004)0628 — C6-0129/2004 — 2004/0219(COD)) | 760 |
| P6_TC1-COD(2004)0219Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument | 761 |
| ANNEXPARTNER COUNTRIES REFERRED TO IN ARTICLE 1 | 779 |
| P6_TA(2006)0307Instrument for Stability ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing an Instrument for Stability (COM(2004)0630 — C6-0251/2004 — 2004/0223(COD)) | 780 |
| P6_TC1-COD(2004)0223Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council establishing an Instrument for Stability | 781 |
| ANNEXSTABILITY INSTRUMENT | 797 |
| P6_TA(2006)0308Instrument for Pre-Accession Assistance (IPA) *European Parliament legislative resolution on the proposal for a Council regulation establishing an Instrument for Pre-Accession Assistance (IPA) (COM(2004)0627 — C6-0047/2005 — 2004/0222(CNS)) | 798 |
| P6_TA(2006)0309Implementing powers conferred on the Commisison (Interinstitutional agreement)European Parliament decision on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI)) | 806 |
| P6_TA(2006)0310Implementing powers conferred on the Commission (procedures) *European Parliament legislative resolution on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10126/1/2006 — C6-0190/2006 — 2002/0298(CNS)) | 810 |
| P6_TA(2006)0311Payer information with transfers of funds ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds (COM(2005)0343 — C6-0246/2005 — 2005/0138(COD)) | 811 |
| P6_TC1-COD(2005)0138Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on information on the payer accompanying transfers of funds | 811 |
| P6_TA(2006)0312Financial Regulation applicable to the general budget of the European Communities *European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2005)0181 — C6-0234/2005 — 2005/0090(CNS)) | 824 |
| P6_TA(2006)0313Mutual information procedure *European Parliament legislative resolution on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS)) | 825 |
| P6_TA(2006)0314Modification of the Protocol on Privileges and ImmunitiesEuropean Parliament resolution on modification of the Protocol on Privileges and Immunities | 830 |
| P6_TA(2006)0315Economic and social consequences of business restructuring in EuropeEuropean Parliament resolution on the economic and social consequences of companies restructuring in Europe | 831 |
| P6_TA(2006)0316Extraordinary renditionEuropean Parliament resolution on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, adopted midway through the work of the Temporary Committee (2006/2027(INI)) | 833 |
| P6_TA(2006)0317Interception of bank transfer data from the SWIFT system by the US secret servicesEuropean Parliament resolution on the interception of bank transfer data from the SWIFT system by the US secret services | 843 |
| P6_TA(2006)0318Integration of immigrants in the European UnionEuropean Parliament resolution on strategies and means for the integration of immigrants in the European Union (2006/2056(INI)) | 845 |
| P6_TA(2006)0319Development and migrationEuropean Parliament resolution on development and migration (2005/2244(INI)) | 852 |
| P6_TA(2006)0320Fair Trade and developmentEuropean Parliament resolution on Fair Trade and development (2005/2245(INI)) | 865 |
| P6_TA(2006)0321AIDS — Time to deliverEuropean Parliament resolution on HIV/AIDS: Time to Deliver | 871 |
| P6_TA(2006)0322SomaliaEuropean Parliament resolution on Somalia | 874 |
| P6_TA(2006)0323MauritaniaEuropean Parliament resolution on Mauritania | 876 |
| P6_TA(2006)0324Freedom of expression on the InternetEuropean Parliament resolution on freedom of expression on the Internet | 879 |
| P6_TA(2006)0325Origin markingEuropean Parliament resolution on origin marking | 881 |

Notice No

Contents

page

I   Information

European Parliament

Monday, 3 July 2006

2006/C 303E/01

MINUTES

1

PROCEEDINGS OF THE SITTING

Resumption of session

Statement by the President

Approval of Minutes of previous sitting

Membership of committees and delegations

Membership of Parliament (Observers)

Verification of credentials

Signature of acts adopted under codecision

Documents received

Texts of agreements forwarded by the Council

Transfers of appropriations

Order of business

One-minute speeches on matters of political importance

Crisis of Equitable Life (debate)

Consolidation in financial services — Mergers and acquisitions (M&A) developments around Europe's stock exchanges (debate)

Cabotage and international tramp services * (debate)

Payer information with transfers of funds ***I (debate)

Recent developments in and prospects for company law (debate)

Reducing the climate change impact of aviation (debate)

Application of the Aarhus Convention to EC institutions and bodies ***III (debate)

Batteries, accumulators and their waste ***III (debate)

Agenda for next sitting

Closure of sitting

ATTENDANCE REGISTER

13

Tuesday, 4 July 2006

2006/C 303E/02

MINUTES

15

PROCEEDINGS OF THE SITTING

Opening of sitting

Documents received

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

70 years after General Franco's coup d'état in Spain — (Statements by the President and the political groups)

ERDF, ESF, Cohesion Fund (general provisions) *** — Establishment of a Cohesion Fund *** — European Social Fund ***II — European Regional Development Fund ***II — European grouping of territorial cooperation (EGTC) ***II (debate)

Voting time

Request for consultation of the European Economic and Social Committee: The impact and consequences of structural policies on EU cohesion (Rule 117) (vote)

Request for consultation of the Committee of the Regions: The impact and consequences of structural policies on EU cohesion (Rule 118) (vote)

Transnational organised crime (the smuggling of migrants) * (Rule 131) (vote)

Transnational organised crime (trafficking in persons) * (Rule 131) (vote)

Application of the Aarhus Convention to EC institutions and bodies ***III (vote)

Batteries, accumulators and their waste ***III (vote)

European Social Fund ***II (vote)

European Regional Development Fund ***II (vote)

European grouping of territorial co-operation (EGTC) ***II (vote)

Service of documents in civil or commercial matters ***I (vote)

ERDF, ESF, Cohesion Fund (general provisions) *** (vote)

Establishment of a Cohesion Fund *** (vote)

Cabotage and international tramp services * (vote)

Own resources * (vote)

Crisis of Equitable Life (vote)

Consolidation in financial services (vote)

Recent developments in and prospects for company law (vote)

Reducing the climate change impact of aviation (vote)

Explanations of vote

Corrections to votes and voting intentions

Approval of Minutes of previous sitting

Economic and social consequences of business restructuring in Europe (debate)

Investing for growth and employment (debate)

Towards a more integrated approach for industrial policy (debate)

Question Time (Commission)

Towards a more integrated approach for industrial policy (continuation of debate)

Technical requirements for inland waterway vessels ***II (debate)

Harmonisation of technical requirements and administrative procedures in air transport ***II (debate)

Shipments of radioactive waste and nuclear spent fuel * (debate)

Agenda for next sitting

Closure of sitting

ATTENDANCE REGISTER

31

ANNEX I

33

ANNEX II

43

TEXTS ADOPTED

64

P6_TA(2006)0281Transnational organised crime (the smuggling of migrants) *European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS))

64

P6_TA(2006)0282Transnational organised crime (trafficking in persons) *European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS))

64

P6_TA(2006)0283Application of the provisions of the Aarhus Convention to EC institutions and bodies ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD))

65

P6_TA(2006)0284Batteries, accumulators and their waste ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a Directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (PE-CONS 3615/4/2006 — C6-0154/2006 — 2003/0282(COD))

66

P6_TA(2006)0285European Social Fund ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (9060/4/2006 — C6-0188/2006 — 2004/0165(COD))

67

P6_TA(2006)0286European Regional Development Fund ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (9059/4/2006 — C6-0187/2006 — 2004/0167(COD))

67

P6_TA(2006)0287European grouping of territorial co-operation (EGTC) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (9062/2/2006 — C6-0189/2006 — 2004/0168(COD))

68

P6_TA(2006)0288Service of documents in civil or commercial matters ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD))

69

P6_TC1-COD(2005)0126Position of the European Parliament adopted at first reading on 4 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

(EC) No .../2006

69

ANNEXREQUEST FOR SERVICE OF DOCUMENTS

75

P6_TA(2006)0289ERDF, ESF, Cohesion Fund (general provisions) ***European Parliament legislative resolution on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (9077/2006 — C6-0192/2006 — 2004/0163(AVC))

100

ANNEXEUROPEAN PARLIAMENT AND COMMISSION STATEMENT

101

P6_TA(2006)0290Establishment of a Cohesion Fund ***European Parliament legislative resolution on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (9078/2006 — C6-0191/2006 — 2004/0166(AVC))

101

P6_TA(2006)0291The liner conference block exemption and cabotage and international tramp services *European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS))

102

P6_TA(2006)0292Own resources *European Parliament legislative resolution on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS))

106

P6_TA(2006)0293Crisis of Equitable LifeEuropean Parliament resolution on the crisis of the Equitable Life Assurance Society (2006/2026(INI))

108

P6_TA(2006)0294Consolidation in the European financial services industryEuropean Parliament resolution on further consolidation in the financial services industry (2006/2081(INI))

110

P6_TA(2006)0295Recent developments in and prospects for company lawEuropean Parliament resolution on recent developments and prospects in relation to company law (2006/2051(INI))

114

P6_TA(2006)0296Reducing the climate change impact of aviationEuropean Parliament resolution on reducing the climate change impact of aviation (2005/2249(INI))

119

Wednesday, 5 July 2006

2006/C 303E/03

MINUTES

124

PROCEEDINGS OF THE SITTING

Opening of sitting

Presentation of the programme of the Finnish Presidency (debate)

Situation in Palestine (debate)

Voting time

Strengthening cross-border police cooperation * (Rule 131) (vote)

Technical requirements for inland waterway vessels ***II (vote)

Harmonisation of technical requirements and administrative procedures in air transport ***II (vote)

Shipments of radioactive waste and nuclear spent fuel * (vote)

Investing for growth and employment (vote)

Towards a more integrated approach for industrial policy (vote)

Welcome

Explanations of vote

Corrections to votes and voting intentions

Approval of Minutes of previous sitting

Protection preservation of the religious heritage in the northern part of Cyprus (written declaration)

International adoption in Romania (written declaration)

Extraordinary rendition (debate)

Interception of bank transfer data from the SWIFT system by the US secret services (debate)

Question Time (Council)

Visa policy with regard to western Balkan countries — Visa facilitation for the countries of the Western Balkans (debate)

Implementing powers conferred on the Commission (Interinstitutional agreement) — Implementing powers conferred on the Commission (procedures) (debate)

Mutual information procedure * — Integration of immigrants in the European Union — European Union immigration policy

AIDS — Time to deliver (debate)

Agenda for next sitting

Closure of sitting

ATTENDANCE REGISTER

134

ANNEX I

136

ANNEX II

143

TEXTS ADOPTED

155

P6_TA(2006)0297Strengthening cross-border police cooperation *European Parliament legislative resolution on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (6930/2005 — C6-0117/2005 — 2005/0804(CNS))

155

P6_TA(2006)0298Technical requirements for inland waterway vessels ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (13274/1/2005 — C6-0091/2006 — 1997/0335(COD))

157

P6_TC2-COD(1997)0335Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of European Parliament and Council Directive 2006/.../EC laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC

158

ANNEX ILIST OF COMMUNITY INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2, 3 AND 4

168

ANNEX IIMINIMUM TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1, 2, 3 AND 4

189

ANNEX IIISUBJECTS FOR POSSIBLE ADDITIONAL TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1 AND 2

353

ANNEX IVSUBJECTS FOR POSSIBLE REDUCTIONS OF THE TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 3 AND 4

354

ANNEX VMODEL COMMUNITY INLAND NAVIGATION CERTIFICATES

355

ANNEX VIMODEL REGISTER OF COMMUNITY INLAND NAVIGATION CERTIFICATES

372

ANNEX VIICLASSIFICATION SOCIETIES

375

ANNEX VIIIRULES OF PROCEDURE FOR THE CARRYING OUT OF INSPECTIONS

377

ANNEX IXREQUIREMENTS APPLICABLE TO SIGNAL LIGHTS, RADAR INSTALLATIONS AND RATE-OF-TURN INDICATORS

378

P6_TA(2006)0299Harmonisation of technical requirements and administrative procedures in air transport ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (13376/1/2005 — C6-0090/2006 — 2000/0069 (COD))

437

P6_TC2-COD(2000)0069Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation

Regulation (EC) No .../2006

438

ANNEX

445

P6_TA(2006)0300Shipments of radioactive waste and nuclear spent fuel *European Parliament legislative resolution on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (COM(2005)0673 — C6-0031/2006 — 2005/0272(CNS))

634

P6_TA(2006)0301More research and innovation — investing for growth and employmentEuropean Parliament resolution on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (2006/2005(INI))

640

P6_TA(2006)0302Towards a more integrated approach for industrial policyEuropean Parliament resolution on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (2006/2003(INI))

646

Thursday, 6 July 2006

2006/C 303E/04

MINUTES

651

PROCEEDINGS OF THE SITTING

Opening of sitting

Documents received

Development and migration (debate)

Fair Trade and development (debate)

Results of the WTO meetings at the end of April in Geneva and future perspectives (debate)

Voting time

Simplification of VAT charging to counter tax evasion and avoidance * (Rule 131) (vote)

EU-Caribbean partnership for growth, stability and development (Rule 131) (vote)

Protecting European healthcare workers from blood borne infections due to needlestick injuries (Rule 131) (vote)

European Neighbourhood and Partnership Instrument ***I (vote)

Instrument for Stability ***I (vote)

Instrument for Pre-Accession Assistance (IPA) * (vote)

Implementing powers conferred on the Commission (Interinstitutional agreement)

Implementing powers conferred on the Commission (procedures) * (vote)

Payer information with transfers of funds ***I (vote)

Financial Regulation applicable to the general budget of the European Communities * (final vote)

Mutual information procedure * (vote)

Modification of the Protocol on Privileges and Immunities (vote)

Economic and social consequences of business restructuring in Europe (vote)

Extraordinary rendition (vote)

Interception of bank transfer data from the SWIFT system by the US secret services (vote)

Integration of immigrants in the European Union (vote)

Development and migration (vote)

Fair trade and development (vote)

AIDS — Time to deliver (vote)

Explanations of vote

Corrections to votes and voting intentions

Approval of Minutes of previous sitting

Communication of Council common positions

Results of the WTO meetings at the end of April in Geneva and future perspectives (continuation of debate)

Indication of the country of origin of certain products imported from third countries (origin marking) (debate)

Debate on cases of breaches of human rights, democracy and the rule of law (debate)

Somalia

Mauritania

Freedom of expression on the internet

Voting time

Somalia (vote)

Mauritania (vote)

Freedom of expression on the internet (vote)

Indication of the country of origin of certain products imported from third countries (origin marking) (vote)

Explanations de vote

Corrections to votes and voting intentions

Membership of committees and delegations

Request for the waiver of parliamentary immunity

Decisions concerning certain documents

Written declarations included in the register (Rule 116)

Forwarding of texts adopted during the sitting

Dates for next sittings

Adjournment of session

ATTENDANCE REGISTER

669

ANNEX I

671

ANNEX II

690

TEXTS ADOPTED

747

P6_TA(2006)0303Simplification of VAT charging to counter tax evasion and avoidance *European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations (COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS))

747

P6_TA(2006)0304EU-Caribbean partnership for growth, stability and developmentEuropean Parliament resolution on the EU-Caribbean partnership for growth, stability and development (2006/2123(INI))

750

P6_TA(2006)0305Healthcare workers and blood-borne infections due to needlestick injuriesEuropean Parliament resolution with recommendations to the Commission on protecting European healthcare workers from blood-borne infections due to needlestick injuries (2006/2015(INI))

754

ANNEX TO THE MOTION FOR A RESOLUTIONDETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

756

P6_TA(2006)0306European Neighbourhood and Partnership Instrument ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (COM(2004)0628 — C6-0129/2004 — 2004/0219(COD))

760

P6_TC1-COD(2004)0219Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument

761

ANNEXPARTNER COUNTRIES REFERRED TO IN ARTICLE 1

779

P6_TA(2006)0307Instrument for Stability ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing an Instrument for Stability (COM(2004)0630 — C6-0251/2004 — 2004/0223(COD))

780

P6_TC1-COD(2004)0223Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council establishing an Instrument for Stability

(EC) No .../2006 of the European Parliament and of the

781

ANNEXSTABILITY INSTRUMENT

797

P6_TA(2006)0308Instrument for Pre-Accession Assistance (IPA) *European Parliament legislative resolution on the proposal for a Council regulation establishing an Instrument for Pre-Accession Assistance (IPA) (COM(2004)0627 — C6-0047/2005 — 2004/0222(CNS))

798

P6_TA(2006)0309Implementing powers conferred on the Commisison (Interinstitutional agreement)European Parliament decision on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI))

806

P6_TA(2006)0310Implementing powers conferred on the Commission (procedures) *European Parliament legislative resolution on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10126/1/2006 — C6-0190/2006 — 2002/0298(CNS))

810

P6_TA(2006)0311Payer information with transfers of funds ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds (COM(2005)0343 — C6-0246/2005 — 2005/0138(COD))

811

P6_TC1-COD(2005)0138Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on information on the payer accompanying transfers of funds

811

P6_TA(2006)0312Financial Regulation applicable to the general budget of the European Communities *European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2005)0181 — C6-0234/2005 — 2005/0090(CNS))

824

P6_TA(2006)0313Mutual information procedure *European Parliament legislative resolution on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS))

825

P6_TA(2006)0314Modification of the Protocol on Privileges and ImmunitiesEuropean Parliament resolution on modification of the Protocol on Privileges and Immunities

830

P6_TA(2006)0315Economic and social consequences of business restructuring in EuropeEuropean Parliament resolution on the economic and social consequences of companies restructuring in Europe

831

P6_TA(2006)0316Extraordinary renditionEuropean Parliament resolution on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, adopted midway through the work of the Temporary Committee (2006/2027(INI))

833

P6_TA(2006)0317Interception of bank transfer data from the SWIFT system by the US secret servicesEuropean Parliament resolution on the interception of bank transfer data from the SWIFT system by the US secret services

843

P6_TA(2006)0318Integration of immigrants in the European UnionEuropean Parliament resolution on strategies and means for the integration of immigrants in the European Union (2006/2056(INI))

845

P6_TA(2006)0319Development and migrationEuropean Parliament resolution on development and migration (2005/2244(INI))

852

P6_TA(2006)0320Fair Trade and developmentEuropean Parliament resolution on Fair Trade and development (2005/2245(INI))

865

P6_TA(2006)0321AIDS — Time to deliverEuropean Parliament resolution on HIV/AIDS: Time to Deliver

871

P6_TA(2006)0322SomaliaEuropean Parliament resolution on Somalia

874

P6_TA(2006)0323MauritaniaEuropean Parliament resolution on Mauritania

876

P6_TA(2006)0324Freedom of expression on the InternetEuropean Parliament resolution on freedom of expression on the Internet

879

P6_TA(2006)0325Origin markingEuropean Parliament resolution on origin marking

881

| | |
| --- | --- |
| 2006/C 303E/05 | | s19 |

2006/C 303E/05

s19

| EN | |
| --- | --- |

EN

---

I Information

European Parliament

Monday, 3 July 2006

| 13.12.2006 | EN | Official Journal of the European Union | CE 303/1 |
| --- | --- | --- | --- |

13.12.2006

EN

Official Journal of the European Union

CE 303/1

---

MINUTES

(2006/C 303 E/01)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Resumption of session

The sitting opened at 17.05.

2.   Statement by the President

The President made a statement on the murders of two little girls — Stacy Lemmens and Nathalie Mahy — in Liège, and a train crash that had occurred that day in Valencia, Spain, in which many people had been killed.

The House observed a minute's silence in memory of the victims.

3.   Approval of Minutes of previous sitting

Date of sitting: 14.06.2006

Voting intentions:

Voting intentions:

Motion for a resolution on the next steps for the period of reflection and analysis on the Future of Europe (B6-0327/2006)

| — | resolution (as a whole)

  against: Nils Lundgren |
| --- | --- |

—

resolution (as a whole)

against: Nils Lundgren

against:

Date of sitting: 15.06.2006

Voting intentions:

Voting intentions:

Report: Jerzy Buzek — A6-0202/2006

| — | amendment 320
  in favour: Britta Thomsen |
| --- | --- |

—

amendment 320

in favour: Britta Thomsen

*

- *

The Minutes of the previous sitting were approved.

4.   Membership of committees and delegations

At the request of the PPE-DE and ALDE Groups, Parliament ratified the following appointments:

| — | Delegation to the EU-Kazakhstan, EU-Kyrgyzstan and EU-Uzbekistan Parliamentary Cooperation Committees and Delegation for relations with Tadjikistan, Turkmenistan and Mongolia:






  — | Markus Pieper |
| --- | --- | --- |

—

Delegation to the EU-Kazakhstan, EU-Kyrgyzstan and EU-Uzbekistan Parliamentary Cooperation Committees and Delegation for relations with Tadjikistan, Turkmenistan and Mongolia:

—

Markus Pieper

| — | Delegation for relations with the Maghreb countries and the Arab Maghreb Union (including Libya):






  — | Giuseppe Castiglione to replace Markus Pieper |
| --- | --- | --- |

—

Delegation for relations with the Maghreb countries and the Arab Maghreb Union (including Libya):

—

Giuseppe Castiglione to replace Markus Pieper

| — | Delegation for relations with the Mashreq countries:






  — | Marco Cappato |
| --- | --- | --- |

—

Delegation for relations with the Mashreq countries:

—

Marco Cappato

5.   Membership of Parliament (Observers)

(Observers)

Valeriu Ştefan Zgonea had given notice of his resignation as an Observer at the European Parliament with effect from 13.07.2006.

Parliament noted the resignation and would inform the Romanian authorities thereof.

6.   Verification of credentials

At its meeting of 21.06.2006, the JURI Committee had, under Rule 3(2), verified the credentials of Achille Occhetto and considered Beniamino Donnici's objection to the designation of Achille Occhetto as a Member of the European Parliament to replace Antonio Di Pietro.

Having noted that, under Article 12 of the Act concerning the election of representatives to the European Parliament by direct universal suffrage, the objection was inadmissible because it was based on Italian electoral law, the JURI Committee had proposed unanimously to validate the mandate of Achille Occhetto with effect from 08.05.2006.

Parliament thus ratified the mandate.

7.   Signature of acts adopted under codecision

The President announced that, on Wednesday, he and the President of the Council would sign the following acts adopted under the codecision procedure pursuant to Rule 68:

| — | Regulation of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air (3681/3/2005 — C6-0210/2006 — 2005/0007(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air (3681/3/2005 — C6-0210/2006 — 2005/0007(COD))

| — | Regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (3626/2006 — C6-0213/2006 — 2004/0165(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (3626/2006 — C6-0213/2006 — 2004/0165(COD))

| — | Regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (3625/2006 — C6-0212/2006 — 2004/0167(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (3625/2006 — C6-0212/2006 — 2004/0167(COD))

| — | Regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (3627/2006 — C6-0214/2006 — 2004/0168(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (3627/2006 — C6-0214/2006 — 2004/0168(COD))

| — | Directive of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (3621/2006 — C6-0215/2006 — 2004/0084(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (3621/2006 — C6-0215/2006 — 2004/0084(COD))

| — | Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (3663/2/2005 — C6-0211/2006 — 2004/0237(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (3663/2/2005 — C6-0211/2006 — 2004/0237(COD))

8.   Documents received

The following documents had been received:

| 1) | from committees






  1.1) | reports






  — | Report: Towards further consolidation in financial services industry (2006/2081(INI)) — Committee on Economic and Monetary Affairs
  Rapporteur: Muscat Joseph (A6-0170/2006). |
| --- | --- | --- | --- |

1)

from committees

1.1)

reports

—

Report: Towards further consolidation in financial services industry (2006/2081(INI)) — Committee on Economic and Monetary Affairs

Rapporteur: Muscat Joseph (A6-0170/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council on a multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002 (COM(2005)0210 — C6-0153/2005 — 2005/0098(COD)) — Committee on Transport and Tourism
  Rapporteur: de Grandes Pascual Luis (A6-0184/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council on a multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002 (COM(2005)0210 — C6-0153/2005 — 2005/0098(COD)) — Committee on Transport and Tourism

Rapporteur: de Grandes Pascual Luis (A6-0184/2006).

| — | * Report on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Gaubert Patrick (A6-0186/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Gaubert Patrick (A6-0186/2006).

| — | Report on strategies and means for the integration of immigrants in the European Union (2006/2056(INI)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Lambrinidis Stavros (A6-0190/2006). |
| --- | --- |

—

Report on strategies and means for the integration of immigrants in the European Union (2006/2056(INI)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Lambrinidis Stavros (A6-0190/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Fight against violence (Daphne) and drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 — C6-0388/2005 — 2005/0037A(COD)) — Committee on Women's Rights and Gender Equality
  Rapporteur: Gröner Lissy (A6-0193/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Fight against violence (Daphne) and drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 — C6-0388/2005 — 2005/0037A(COD)) — Committee on Women's Rights and Gender Equality

Rapporteur: Gröner Lissy (A6-0193/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds (COM(2005)0343 — C6-0246/2005 — 2005/0138(COD)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Alvaro Alexander (A6-0196/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds (COM(2005)0343 — C6-0246/2005 — 2005/0138(COD)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Alvaro Alexander (A6-0196/2006).

| — | Report on reducing the climate change impact of aviation (2005/2249(INI)) — Committee on the Environment, Public Health and Food Safety
  Rapporteur: Lucas Caroline (A6-0201/2006). |
| --- | --- |

—

Report on reducing the climate change impact of aviation (2005/2249(INI)) — Committee on the Environment, Public Health and Food Safety

Rapporteur: Lucas Caroline (A6-0201/2006).

| — | Report on Implementing the Community Lisbon Programme: More Research and Innovation — Investing for Growth and Employment: A Common Approach (2006/2005(INI)) — Committee on Industry, Research and Energy
  Rapporteur: del Castillo Vera Pilar (A6-0204/2006). |
| --- | --- |

—

Report on Implementing the Community Lisbon Programme: More Research and Innovation — Investing for Growth and Employment: A Common Approach (2006/2005(INI)) — Committee on Industry, Research and Energy

Rapporteur: del Castillo Vera Pilar (A6-0204/2006).

| — | Report on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (2006/2003(INI)) — Committee on Industry, Research and Energy
  Rapporteur: Calabuig Rull Joan (A6-0206/2006). |
| --- | --- |

—

Report on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (2006/2003(INI)) — Committee on Industry, Research and Energy

Rapporteur: Calabuig Rull Joan (A6-0206/2006).

| — | Report on Fair Trade and Development (2005/2245(INI)) — Committee on Development
  Rapporteur: Schmidt Frithjof (A6-0207/2006). |
| --- | --- |

—

Report on Fair Trade and Development (2005/2245(INI)) — Committee on Development

Rapporteur: Schmidt Frithjof (A6-0207/2006).

| — | * Report on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations (COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS)) — Committee on Economic and Monetary Affairs
  Rapporteur: Konrad Christoph (A6-0209/2006). |
| --- | --- |

—

- Report on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations (COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS)) — Committee on Economic and Monetary Affairs

Rapporteur: Konrad Christoph (A6-0209/2006).

| — | Report on development and migration (2005/2244(INI)) — Committee on Development
  Rapporteur: Carlotti Marie-Arlette (A6-0210/2006). |
| --- | --- |

—

Report on development and migration (2005/2244(INI)) — Committee on Development

Rapporteur: Carlotti Marie-Arlette (A6-0210/2006).

| — | Report on the EU-Caribbean partnership for growth, stability and development (2006/2123(INI)) — Committee on Development
  Rapporteur: Zimmer Gabriele (A6-0211/2006). |
| --- | --- |

—

Report on the EU-Caribbean partnership for growth, stability and development (2006/2123(INI)) — Committee on Development

Rapporteur: Zimmer Gabriele (A6-0211/2006).

| — | Interim report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2006/2027(INI)) — Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners
  Rapporteur: Fava Giovanni Claudio (A6-0213/2006). |
| --- | --- |

—

Interim report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2006/2027(INI)) — Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners

Rapporteur: Fava Giovanni Claudio (A6-0213/2006).

| — | * Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (08174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Cavada Jean-Marie (A6-0214/2006). |
| --- | --- |

—

- Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (08174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Cavada Jean-Marie (A6-0214/2006).

| — | * Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (08174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Cavada Jean-Marie (A6-0215/2006). |
| --- | --- |

—

- Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (08174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Cavada Jean-Marie (A6-0215/2006).

| — | * Report on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS)) — Committee on Economic and Monetary Affairs
  Rapporteur: Wortmann-Kool Corien (A6-0217/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS)) — Committee on Economic and Monetary Affairs

Rapporteur: Wortmann-Kool Corien (A6-0217/2006).

| — | Second report with recommendations to the Commission on protecting European healthcare workers from blood borne infections due to needlestick injuries (2006/2015(INI)) — Committee on Employment and Social Affairs
  Rapporteur: Hughes Stephen (A6-0218/2006). |
| --- | --- |

—

Second report with recommendations to the Commission on protecting European healthcare workers from blood borne infections due to needlestick injuries (2006/2015(INI)) — Committee on Employment and Social Affairs

Rapporteur: Hughes Stephen (A6-0218/2006).

| — | Interim report on the crisis of the Equitable Life Assurance Society (2006/2026(INI)) — Committee of Inquiry into the crisis of the Equitable Life Assurance Society
  Rapporteur: Wallis Diana (A6-0221/2006). |
| --- | --- |

—

Interim report on the crisis of the Equitable Life Assurance Society (2006/2026(INI)) — Committee of Inquiry into the crisis of the Equitable Life Assurance Society

Rapporteur: Wallis Diana (A6-0221/2006).

| — | * Report on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (06930/2005 — C6-0117/2005 — 2005/0804(CNS)) — Committee on Civil Liberties, Justice and Home Affairs
  Rapporteur: Brepoels Frieda (A6-0222/2006). |
| --- | --- |

—

- Report on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (06930/2005 — C6-0117/2005 — 2005/0804(CNS)) — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Brepoels Frieda (A6-0222/2006).

| — | * Report on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS)) — Committee on Budgets
  Rapporteur: Lamassoure Alain (A6-0223/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS)) — Committee on Budgets

Rapporteur: Lamassoure Alain (A6-0223/2006).

| — | *** Recommendation on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (09077/2006 — C6-0192/2006 — 2004/0163(AVC)) — Committee on Regional Development
  Rapporteur: Hatzidakis Konstantinos (A6-0224/2006). |
| --- | --- |

—

*** Recommendation on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (09077/2006 — C6-0192/2006 — 2004/0163(AVC)) — Committee on Regional Development

Rapporteur: Hatzidakis Konstantinos (A6-0224/2006).

| — | *** Recommendation on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (09078/2006 — C6-0191/2006 — 2004/0166(AVC)) — Committee on Regional Development
  Rapporteur: Andria Alfonso (A6-0226/2006). |
| --- | --- |

—

*** Recommendation on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (09078/2006 — C6-0191/2006 — 2004/0166(AVC)) — Committee on Regional Development

Rapporteur: Andria Alfonso (A6-0226/2006).

| — | Report on recent developments and prospects in relation to company law (2006/2051(INI)) — Committee on Legal Affairs
  Rapporteur: Szejna Andrzej Jan (A6-0229/2006). |
| --- | --- |

—

Report on recent developments and prospects in relation to company law (2006/2051(INI)) — Committee on Legal Affairs

Rapporteur: Szejna Andrzej Jan (A6-0229/2006).

| 1.2) | recommendations for second reading






  — | ***II Recommendation for second reading on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (13274/1/2005 — C6-0091/2006 — 1997/0335(COD)) — Committee on Transport and Tourism
  Rapporteur: Sommer Renate (A6-0208/2006). |
| --- | --- | --- |

1.2)

recommendations for second reading

—

***II Recommendation for second reading on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (13274/1/2005 — C6-0091/2006 — 1997/0335(COD)) — Committee on Transport and Tourism

Rapporteur: Sommer Renate (A6-0208/2006).

| — | ***II Recommendation for second reading on the Council common position with a view to adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (13376/1/2005 — C6-0090/2006 — 2000/0069(COD)) — Committee on Transport and Tourism
  Rapporteur: Stockmann Ulrich (A6-0212/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position with a view to adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (13376/1/2005 — C6-0090/2006 — 2000/0069(COD)) — Committee on Transport and Tourism

Rapporteur: Stockmann Ulrich (A6-0212/2006).

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (09060/4/2006 — C6-0188/2006 — 2004/0165(COD)) — Committee on Employment and Social Affairs
  Rapporteur: Silva Peneda José Albino (A6-0220/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (09060/4/2006 — C6-0188/2006 — 2004/0165(COD)) — Committee on Employment and Social Affairs

Rapporteur: Silva Peneda José Albino (A6-0220/2006).

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (09059/4/2006 — C6-0187/2006 — 2004/0167(COD)) — Committee on Regional Development
  Rapporteur: Fava Giovanni Claudio (A6-0225/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (09059/4/2006 — C6-0187/2006 — 2004/0167(COD)) — Committee on Regional Development

Rapporteur: Fava Giovanni Claudio (A6-0225/2006).

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (09062/2/2006 — C6-0189/2006 — 2004/0168(COD)) — Committee on Regional Development
  Rapporteur: Olbrycht Jan (A6-0227/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (09062/2/2006 — C6-0189/2006 — 2004/0168(COD)) — Committee on Regional Development

Rapporteur: Olbrycht Jan (A6-0227/2006).

| 2) | from Members






  2.1) | oral questions (Rule 108)






  — | Oral question (O-0039/2006) by Thierry Cornillet, on behalf of the ALDE Group, to the Commission: Counterfeiting of medicinal products (B6-0310/2006), |
| --- | --- | --- | --- |

2)

from Members

2.1)

oral questions (Rule 108)

—

Oral question (O-0039/2006) by Thierry Cornillet, on behalf of the ALDE Group, to the Commission: Counterfeiting of medicinal products (B6-0310/2006),

| — | Oral question (O-0061/2006) by Martin Schulz and Martine Roure, on behalf of the PSE Group, to the Commission: European Union immigration policy (B6-0311/2006), |
| --- | --- |

—

Oral question (O-0061/2006) by Martin Schulz and Martine Roure, on behalf of the PSE Group, to the Commission: European Union immigration policy (B6-0311/2006),

| — | Oral question (O-0064/2006) by Ewa Klamt, on behalf of the PPE-DE Group, to the Commission: EU policy on immigration (B6-0313/2006), |
| --- | --- |

—

Oral question (O-0064/2006) by Ewa Klamt, on behalf of the PPE-DE Group, to the Commission: EU policy on immigration (B6-0313/2006),

| — | Oral question (O-0036/2006/rev. 1) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Results of the end of April Geneva meetings of the WTO and future prospects (B6-0314/2006), |
| --- | --- |

—

Oral question (O-0036/2006/rev. 1) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Results of the end of April Geneva meetings of the WTO and future prospects (B6-0314/2006),

| — | Oral question (O-0063/2006) by Doris Pack, on behalf of the PPE-DE Group, Gisela Kallenbach, on behalf of the Verts/ALE Group, Hannes Swoboda, on behalf of the PSE Group, Erik Meijer, Ignasi Guardans Cambó, Jelko Kacin and Henrik Lax, to the Council: Visa policy towards the countries of the Western Balkans (B6-0315/2006), |
| --- | --- |

—

Oral question (O-0063/2006) by Doris Pack, on behalf of the PPE-DE Group, Gisela Kallenbach, on behalf of the Verts/ALE Group, Hannes Swoboda, on behalf of the PSE Group, Erik Meijer, Ignasi Guardans Cambó, Jelko Kacin and Henrik Lax, to the Council: Visa policy towards the countries of the Western Balkans (B6-0315/2006),

| — | Oral question (O-0065/2006) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0316/2006), |
| --- | --- |

—

Oral question (O-0065/2006) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0316/2006),

| — | Oral question (O-0069/2006) by Pervenche Berès, on behalf of the ECON Committee, to the Commission: Mergers and acquisitions (M&A) developments around Europe's stock exchanges (B6-0317/2006), |
| --- | --- |

—

Oral question (O-0069/2006) by Pervenche Berès, on behalf of the ECON Committee, to the Commission: Mergers and acquisitions (M&A) developments around Europe's stock exchanges (B6-0317/2006),

| — | Oral question (O-0070/2006) by Jean Lambert, on behalf of the Verts/ALE Group, to the Commission: European Union immigration policy (B6-0318/2006), |
| --- | --- |

—

Oral question (O-0070/2006) by Jean Lambert, on behalf of the Verts/ALE Group, to the Commission: European Union immigration policy (B6-0318/2006),

| — | Oral question (O-0073/2006) by Jeanine Hennis-Plasschaert, on behalf of the ALDE Group, to the Commission: European Union immigration policy (B6-0319/2006), |
| --- | --- |

—

Oral question (O-0073/2006) by Jeanine Hennis-Plasschaert, on behalf of the ALDE Group, to the Commission: European Union immigration policy (B6-0319/2006),

| — | Oral question (O-0077/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Council: Visa facilitation for the countries of the Western Balkans (B6-0320/2006), |
| --- | --- |

—

Oral question (O-0077/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Council: Visa facilitation for the countries of the Western Balkans (B6-0320/2006),

| — | Oral question (O-0078/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Commission: Visa facilitation for the countries of the Western Balkans (B6-0321/2006), |
| --- | --- |

—

Oral question (O-0078/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Commission: Visa facilitation for the countries of the Western Balkans (B6-0321/2006),

| — | Oral question (O-0079/2006) by Roberta Angelilli and Romano Maria La Russa, on behalf of the UEN Group, to the Commission: EU policy on immigration (B6-0322/2006). |
| --- | --- |

—

Oral question (O-0079/2006) by Roberta Angelilli and Romano Maria La Russa, on behalf of the UEN Group, to the Commission: EU policy on immigration (B6-0322/2006).

| 2.2) | oral questions for Question Time (Rule 109) (B6-0312/2006)






  — | to the Council:






  — | Ludford Sarah, Seeber Richard, Posselt Bernd, Nicholson of Winterbourne, Medina Ortega Manuel, Panayotopoulos-Cassiotou Marie, Gentvilas Eugenijus, Henin Jacky, Bowis John, Crowley Brian, Ó Neachtain Seán, Aylward Liam, Ryan Eoin, Papadimoulis Dimitrios, De Rossa Proinsias, Karim Sajjad, Casaca Paulo, Seppänen Esko, Lundgren Nils, Evans Robert, Mavrommatis Manolis, Newton Dunn Bill, Mitchell Gay, Pafilis Athanasios, Geringer de Oedenberg Lidia Joanna, Valenciano Martínez-Orozco Elena, Kratsa-Tsagaropoulou Rodi, Andrikienė Laima Liucija, Manolakou Diamanto, Martin Hans-Peter, Toussas Georgios, Czarnecki Ryszard, Goudin Hélène |
| --- | --- | --- | --- |

2.2)

oral questions for Question Time (Rule 109) (B6-0312/2006)

—

to the Council:

—

Ludford Sarah, Seeber Richard, Posselt Bernd, Nicholson of Winterbourne, Medina Ortega Manuel, Panayotopoulos-Cassiotou Marie, Gentvilas Eugenijus, Henin Jacky, Bowis John, Crowley Brian, Ó Neachtain Seán, Aylward Liam, Ryan Eoin, Papadimoulis Dimitrios, De Rossa Proinsias, Karim Sajjad, Casaca Paulo, Seppänen Esko, Lundgren Nils, Evans Robert, Mavrommatis Manolis, Newton Dunn Bill, Mitchell Gay, Pafilis Athanasios, Geringer de Oedenberg Lidia Joanna, Valenciano Martínez-Orozco Elena, Kratsa-Tsagaropoulou Rodi, Andrikienė Laima Liucija, Manolakou Diamanto, Martin Hans-Peter, Toussas Georgios, Czarnecki Ryszard, Goudin Hélène

| — | to the Commission:






  — | Moraes Claude, Evans Robert, Gyürk András, Davies Chris, Posselt Bernd, Horáček Milan, Nicholson of Winterbourne, Paleckis Justas Vincas, Ryan Eoin, Karim Sajjad, Pflüger Tobias, Westlund Åsa, Ebner Michl, Andrikienė Laima Liucija, Tarabella Marc, Ludford Sarah, Chmielewski Zdzisław Kazimierz, Panayotopoulos-Cassiotou Marie, Valenciano Martínez-Orozco Elena, Newton Dunn Bill, Kratsa-Tsagaropoulou Rodi, Doyle Avril, Lambrinidis Stavros, Pafilis Athanasios, Manolakou Diamanto, Lynne Elizabeth, Toussas Georgios, Papadimoulis Dimitrios, De Rossa Proinsias, McGuinness Mairead, Higgins Jim, Belet Ivo, Bowis John, Rutowicz Leopold Józef, Czarnecki Ryszard, Van Lancker Anne, Medina Ortega Manuel, Varvitsiotis Ioannis, Henin Jacky, Willmott Glenis, Ortuondo Larrea Josu, Papastamkos Georgios, Crowley Brian, Ó Neachtain Seán, Aylward Liam, Ford Glyn, Krarup Ole, Méndez de Vigo Íñigo, Schlyter Carl, Karatzaferis Georgios, Jordan Cizelj Romana, Mitchell Gay, Kauppi Piia-Noora, Geringer de Oedenberg Lidia Joanna, Martin Hans-Peter, Podkański Zdzisław Zbigniew. |
| --- | --- | --- |

—

to the Commission:

—

Moraes Claude, Evans Robert, Gyürk András, Davies Chris, Posselt Bernd, Horáček Milan, Nicholson of Winterbourne, Paleckis Justas Vincas, Ryan Eoin, Karim Sajjad, Pflüger Tobias, Westlund Åsa, Ebner Michl, Andrikienė Laima Liucija, Tarabella Marc, Ludford Sarah, Chmielewski Zdzisław Kazimierz, Panayotopoulos-Cassiotou Marie, Valenciano Martínez-Orozco Elena, Newton Dunn Bill, Kratsa-Tsagaropoulou Rodi, Doyle Avril, Lambrinidis Stavros, Pafilis Athanasios, Manolakou Diamanto, Lynne Elizabeth, Toussas Georgios, Papadimoulis Dimitrios, De Rossa Proinsias, McGuinness Mairead, Higgins Jim, Belet Ivo, Bowis John, Rutowicz Leopold Józef, Czarnecki Ryszard, Van Lancker Anne, Medina Ortega Manuel, Varvitsiotis Ioannis, Henin Jacky, Willmott Glenis, Ortuondo Larrea Josu, Papastamkos Georgios, Crowley Brian, Ó Neachtain Seán, Aylward Liam, Ford Glyn, Krarup Ole, Méndez de Vigo Íñigo, Schlyter Carl, Karatzaferis Georgios, Jordan Cizelj Romana, Mitchell Gay, Kauppi Piia-Noora, Geringer de Oedenberg Lidia Joanna, Martin Hans-Peter, Podkański Zdzisław Zbigniew.

| 2.3) | proposals for recommendations (Rule 114)






  — | De Keyser Véronique, on behalf of the PSE Group — Proposal for a recommendation to the Council on the negotiations with a view to the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States of the one part, and the Syrian Arab Republic, of the other part (B6-0373/2006)






  referred to | responsible | : | AFET |
| --- | --- | --- | --- | --- | --- |
| opinion | : | INTA |

2.3)

proposals for recommendations (Rule 114)

—

De Keyser Véronique, on behalf of the PSE Group — Proposal for a recommendation to the Council on the negotiations with a view to the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States of the one part, and the Syrian Arab Republic, of the other part (B6-0373/2006)

referred to

responsible

:

AFET

opinion

:

INTA

| 2.4) | written declarations for entry in the Register (Rule 116)






  — | Alessandra Mussolini, on banning the formation of associations, movements and parties that draw their inspiration from child pornography (0049/2006), |
| --- | --- | --- |

2.4)

written declarations for entry in the Register (Rule 116)

—

Alessandra Mussolini, on banning the formation of associations, movements and parties that draw their inspiration from child pornography (0049/2006),

| — | Sylwester Chruszcz, on the resurgence of Nazism in Germany (0050/2006), |
| --- | --- |

—

Sylwester Chruszcz, on the resurgence of Nazism in Germany (0050/2006),

| — | Daniel Strož and Jaromír Kohlíček, on the unacceptability of the existence of new ‘iron curtains’ (0051/2006), |
| --- | --- |

—

Daniel Strož and Jaromír Kohlíček, on the unacceptability of the existence of new ‘iron curtains’ (0051/2006),

| — | Maciej Marian Giertych, on the protection and preservation of the Catholic Cathedral of Bucharest (0052/2006), |
| --- | --- |

—

Maciej Marian Giertych, on the protection and preservation of the Catholic Cathedral of Bucharest (0052/2006),

| — | Thierry Cornillet, on international penalties for counterfeiting medicines (0053/2006), |
| --- | --- |

—

Thierry Cornillet, on international penalties for counterfeiting medicines (0053/2006),

| — | Mario Borghezio, on the malfunctioning of EU assistance funding reflected in the allocation of 900 million Euro to the Hamburg region in Germany (0054/2006). |
| --- | --- |

—

Mario Borghezio, on the malfunctioning of EU assistance funding reflected in the allocation of 900 million Euro to the Hamburg region in Germany (0054/2006).

Euro

| 3) | from the Conciliation Committee






  — | Joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (03615/2006 — C6-0154/2006 — 2003/0282(COD))






  referred to | responsible | : | CODE |
| --- | --- | --- | --- | --- | --- |

3)

from the Conciliation Committee

—

Joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (03615/2006 — C6-0154/2006 — 2003/0282(COD))

referred to

responsible

:

CODE

| — | Joint text approved by the Conciliation Committee for a Regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (03614/2006 — C6-0156/2006 — 2003/0242(COD))






  referred to | responsible | : | CODE |
| --- | --- | --- | --- | --- |

—

Joint text approved by the Conciliation Committee for a Regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (03614/2006 — C6-0156/2006 — 2003/0242(COD))

referred to

responsible

:

CODE

| 4) | from Parliament's Delegation to the Conciliation Committee






  — | ***III Report on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (03614/2006 — C6-0156/2006 — 2003/0242(COD)) — Parliament's delegation to the Conciliation Committee
  Rapporteur: Korhola Eija-Riitta (A6-0230/2006). |
| --- | --- | --- |

4)

from Parliament's Delegation to the Conciliation Committee

—

***III Report on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (03614/2006 — C6-0156/2006 — 2003/0242(COD)) — Parliament's delegation to the Conciliation Committee

Rapporteur: Korhola Eija-Riitta (A6-0230/2006).

| — | ***III Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (03615/2006 — C6-0154/2006 — 2003/0282(COD)) — Parliament's delegation to the Conciliation Committee
  Rapporteur: Blokland Johannes (A6-0231/2006). |
| --- | --- |

—

***III Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (03615/2006 — C6-0154/2006 — 2003/0282(COD)) — Parliament's delegation to the Conciliation Committee

Rapporteur: Blokland Johannes (A6-0231/2006).

9.   Texts of agreements forwarded by the Council

The Council had forwarded certified true copies of the following:

| — | Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services, |
| --- | --- |

—

Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services,

| — | Agreement between the European Community and the Republic of Moldova on certain aspects of air services, |
| --- | --- |

—

Agreement between the European Community and the Republic of Moldova on certain aspects of air services,

| — | Agreement between the European Community and New Zealand on certain aspects of air services. |
| --- | --- |

—

Agreement between the European Community and New Zealand on certain aspects of air services.

10.   Transfers of appropriations

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations DEC 20/2006 (C6-0163/2006 — SEC(2006)0646).

It had authorised the transfer in full, pursuant to Article 24(2) of the Financial Regulation of 25 June 2002.

11.   Order of business

The next item was the order of business.

The final draft agenda for the sitting of July (PE 354.650/PDOJ) had been distributed. The following changes had been proposed under Rule 132:

Sittings of 03.07.2006 to 06.07.2006

Sittings of 03.07.2006 to 06.07.2006

Monday

Monday

| — | no changes |
| --- | --- |

—

no changes

Tuesday

Tuesday

| — | request from the LIBE Committee under Rule 168 to refer back to committee the report by Martine Roure (A6-0192/2006), due to be put to the vote at voting time on Tuesday Item 22 on the final draft agenda). |
| --- | --- |

—

request from the LIBE Committee under Rule 168 to refer back to committee the report by Martine Roure (A6-0192/2006), due to be put to the vote at voting time on Tuesday Item 22 on the final draft agenda).

Item 22 on the final draft agenda)

Martine Roure moved the request.

Parliament approved the request.

Wednesday and Thursday

Wednesday and Thursday

| — | no changes |
| --- | --- |

—

no changes

The order of business was thus established.

12.   One-minute speeches on matters of political importance

Pursuant to Rule 144, the following Members who wished to draw the attention of Parliament to matters of political importance spoke for one minute:

The following spoke: Manolis Mavrommatis, Pál Schmitt, Antolín Sánchez Presedo, Kyriacos Triantaphyllides, Urszula Krupa, Georgios Karatzaferis, Zsolt László Becsey, Georgios Papastamkos, Catherine Guy-Quint, András Gyürk, Jules Maaten, Mieczysław Edmund Janowski, Marta Vincenzi, Tunne Kelam, Koenraad Dillen, Ryszard Czarnecki, Rodi Kratsa-Tsagaropoulou, Maria Badia I Cutchet, Pedro Guerreiro, Csaba Sándor Tabajdi, Giusto Catania, Bogdan Golik and Bairbre de Brún (who started her speech in Irish. The President pointed out that there was no interpretation from Irish in plenary), Siiri Oviir and Dariusz Maciej Grabowski.

13.   Crisis of Equitable Life (debate)

(debate)

Interim report on the crisis of the Equitable Life Assurance Society [2006/2026(INI)] — Committee of Inquiry into the crisis of the Equitable Life Assurance Society

Rapporteur: Diana Wallis (A6-0221/2006).

Diana Wallis introduced the report.

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

Charlie McCreevy (Member of the Commission) spoke.

The following spoke: Robert Atkins, on behalf of the PPE-DE Group, Proinsias De Rossa, on behalf of the PSE Group, Paul van Buitenen, on behalf of the Verts/ALE Group, Marcin Libicki, on behalf of the UEN Group, Ashley Mote, Non-attached Member, Mairead McGuinness, Harald Ettl, Seán Ó Neachtain, Neil Parish, Manuel Medina Ortega, Jean-Paul Gauzès, Michael Cashman and Charlie McCreevy.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.15.

Minutes of 04.07.2006, Item 6.15

14.   Consolidation in financial services — Mergers and acquisitions (M&A) developments around Europe's stock exchanges (debate)

(debate)

Report on further consolidation in the financial services industry [2006/2081(INI)] Committee on Economic and Monetary Affairs

Rapporteur: Joseph Muscat (A6-0170/2006).

Oral question (O-0069/2006) by Pervenche Berès, on behalf of the ECON Committee, to the Commission: Mergers and acquisitions (M&A) developments around Europe's stock exchanges (B6-0317/2006)

Joseph Muscat introduced the report.

Pervenche Berès moved the oral question.

Charlie McCreevy (Member of the Commission) answered the oral question.

The following spoke: Karsten Friedrich Hoppenstedt, on behalf of the PPE-DE Group, Ieke van den Burg, on behalf of the PSE Group, Wolf Klinz, on behalf of the ALDE Group, John Whittaker, on behalf of the IND/DEM Group, Gunnar Hökmark, Antolín Sánchez Presedo, Sharon Bowles, Zsolt László Becsey, Margarita Starkevičiūtė, Piia-Noora Kauppi, John Purvis, Charlie McCreevy, Pervenche Berès and John Purvis, the latter two on Charlie McCreevy's remarks.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.16.

Minutes of 04.07.2006, Item 6.16

15.   Cabotage and international tramp services * (debate)

(debate)

Report on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services [COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS)] — Committee on Economic and Monetary Affairs

Rapporteur: Corien Wortmann-Kool (A6-0217/2006).

Charlie McCreevy (Member of the Commission) spoke.

Corien Wortmann-Kool introduced the report.

The following spoke: Rodi Kratsa-Tsagaropoulou, on behalf of the PPE-DE Group, Robert Navarro, on behalf of the PSE Group, Georgios Toussas, on behalf of the GUE/NGL Group, and Charlie McCreevy.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.13.

Minutes of 04.07.2006, Item 6.13

16.   Payer information with transfers of funds ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds [COM(2005)0343 — C6-0246/2005 — 2005/0138(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Alexander Alvaro (A6-0196/2006).

Charlie McCreevy (Member of the Commission) spoke.

Alexander Alvaro introduced the report.

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

The following spoke: Udo Bullmann (draftsman of the opinion of the ECON Committee), Mihael Brejc, on behalf of the PPE-DE Group, Andrzej Jan Szejna, on behalf of the PSE Group, Sophia in 't Veld, on behalf of the ALDE Group, Hubert Pirker, Wiesław Stefan Kuc and Charlie McCreevy.

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.9.

Minutes of 06.07.2006, Item 6.9

17.   Recent developments in and prospects for company law (debate)

(debate)

Report on recent developments in and prospects in relation to company law [2006/2051(INI)] — Committee on Legal Affairs

Rapporteur: Andrzej Jan Szejna (A6-0229/2006).

Andrzej Jan Szejna introduced the report.

Charlie McCreevy (Member of the Commission) spoke.

The following spoke: Klaus-Heiner Lehne (draftsman of the opinion of the ECON Committee), Andreas Schwab, on behalf of the PPE-DE Group, Pervenche Berès, on behalf of the PSE Group, Marek Aleksander Czarnecki, Non-attached Member, Charlotte Cederschiöld, Ieke van den Burg, Donata Gottardi and Charlie McCreevy.

IN THE CHAIR: Pierre MOSCOVICI

Vice-President

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.17.

Minutes of 04.07.2006, Item 6.17

18.   Reducing the climate change impact of aviation (debate)

(debate)

Report on reducing the climate change impact of aviation [2005/2249(INI)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Caroline Lucas (A6-0201/2006).

Caroline Lucas introduced the report.

Stavros Dimas (Member of the Commission) spoke.

The following spoke: Jeanine Hennis-Plasschaert (draftsman of the opinion of the TRAN Committee), Peter Liese, on behalf of the PPE-DE Group, Karin Scheele, on behalf of the PSE Group, Chris Davies, on behalf of the ALDE Group, Satu Hassi, on behalf of the Verts/ALE Group, Kartika Tamara Liotard, on behalf of the GUE/NGL Group, Johannes Blokland, on behalf of the IND/DEM Group, Péter Olajos, Dorette Corbey, Holger Krahmer, Carl Schlyter, Jaromír Kohlíček, Avril Doyle, Justas Vincas Paleckis, Marios Matsakis, Eva Lichtenberger, Bogusław Sonik, Ulrich Stockmann, Eija-Riitta Korhola, Philip Bradbourn and Stavros Dimas.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.18.

Minutes of 04.07.2006, Item 6.18

19.   Application of the Aarhus Convention to EC institutions and bodies ***III (debate)

(debate)

Report on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies [PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD)] — Parliament's delegation to the Conciliation Committee

Rapporteur: Eija-Riitta Korhola (A6-0230/2006).

Eija-Riitta Korhola introduced the report.

Stavros Dimas (Member of the Commission) spoke.

The following spoke: Horst Schnellhardt, on behalf of the PPE-DE Group, María Sornosa Martínez, on behalf of the PSE Group, Marian Harkin, on behalf of the ALDE Group, Margrete Auken, on behalf of the Verts/ALE Group, Kathy Sinnott, on behalf of the IND/DEM Group, and Péter Olajos.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.5.

Minutes of 04.07.2006, Item 6.5

20.   Batteries, accumulators and their waste ***III (debate)

(debate)

Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC [PE-CONS 3615/2006 — C6-0154/2006 — 2003/0282(COD)] — Parliament's delegation to the Conciliation Committee

Rapporteur: Johannes Blokland (A6-0231/2006).

Johannes Blokland introduced the report.

Stavros Dimas (Member of the Commission) spoke.

The following spoke: Peter Liese, on behalf of the PPE-DE Group, Dan Jørgensen, on behalf of the PSE Group, Anne Laperrouze, on behalf of the ALDE Group, and Carl Schlyter, on behalf of the Verts/ALE Group.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.6.

Minutes of 04.07.2006, Item 6.6

21.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 354.650/OJMA).

22.   Closure of sitting

The sitting closed at 22.50.

Julian Priestley

Secretary-General

Jacek Emil Saryusz-Wolski

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Agnoletto, Aita, Albertini, Alvaro, Andersson, Andrejevs, Andria, Angelilli, Antoniozzi, Arif, Ashworth, Atkins, Attard-Montalto, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia I Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belet, Belohorská, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Birutis, Blokland, Bobošíková, Böge, Bösch, Bonde, Bono, Booth, Borghezio, Borrell Fontelles, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Budreikaitė, van Buitenen, Bullmann, van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carnero González, Casa, Casaca, Cashman, Casini, Caspary, Castex, Catania, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Corbett, Corbey, Cornillet, Correia, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, de Brún, Degutis, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, Ek, El Khadraoui, Elles, Esteves, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert Evans, Fajmon, Farage, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Ford, Fourtou, Fraga Estévez, Friedrich, Fruteau, Gahler, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gierek, Giertych, Gill, Gklavakis, Glante, Glattfelder, Goebbels, Goepel, Golik, Gollnisch, Gomes, Gomolka, Gottardi, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, Grech, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hammerstein Mintz, Hamon, Handzlik, Hannan, Harangozó, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Heaton-Harris, Hedh, Hedkvist Petersen, Helmer, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Hudacký, Hudghton, Hutchinson, Ibrisagic, Ilves, in't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Kacin, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Karatzaferis, Karim, Kaufmann, Kauppi, Tunne Kelam, Kilroy-Silk, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klinz, Knapman, Koch, Koch-Mehrin, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kułakowski, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lavarra, Lax, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Marine Le Pen, Le Rachinel, Lewandowski, Libicki, Lichtenberger, Lienemann, Liese, Liotard, Lipietz, Locatelli, Louis, Lucas, Ludford, Lulling, Lynne, Maaten, McAvan, McGuinness, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Markov, Marques, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mato Adrover, Matsakis, Matsouka, Mauro, Mavrommatis, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Montoro Romero, Moraes, Moreno Sánchez, Morgan, Morgantini, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Nicholson, Nicholson of Winterbourne, Novak, Obiols i Germà, Achille Occhetto, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Őry, Ouzký, Oviir, Paasilinna, Pack, Pahor, Paleckis, Panayotopoulos-Cassiotou, Papadimoulis, Papastamkos, Parish, Patriciello, Patrie, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Pirker, Piskorski, Pleguezuelos Aguilar, Pleštinská, Podkański, Poignant, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Remek, Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rogalski, Roithová, Romagnoli, Rosati, Roszkowski, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salinas García, Salvini, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savi, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Frithjof Schmidt, Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Sudre, Surján, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Tomczak, Toussas, Trakatellis, Triantaphyllides, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vaugrenard, Veneto, Veraldi, Vergnaud, Vernola, Vidal-Quadras, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Westlund, Whittaker, Wieland, Wiersma, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Wynn, Yañez-Barnuevo García, Záborská, Zaleski, Zani, Zapałowski, Zappalà, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Anastase, Arabadjiev, Athanasiu, Bărbuleţiu, Bliznashki, Buruiană Aprodu, Cappone, Ciornei, Cioroianu, Corlăţean, Coşea, Corina Creţu, Gabriela Creţu, Dimitrov, Dîncu, Duca, Ganţ, Hogea, Kazak, Kirilov, Kónya-Hamar, Marinescu, Mihăescu, Morţun, Paparizov, Petre, Podgorean, Popa, Popeangă, Silaghi, Sofianski, Stoyanov, Szabó, Ţicău, Tîrle

---

Tuesday, 4 July 2006

| 13.12.2006 | EN | Official Journal of the European Union | CE 303/15 |
| --- | --- | --- | --- |

13.12.2006

EN

Official Journal of the European Union

CE 303/15

---

MINUTES

(2006/C 303 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Opening of sitting

The sitting opened at 9.05.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:






  — | Proposal for a directive of the European Parliament and of the Council amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (COM(2006)0195 — C6-0141/2006 — 2006/0066(COD))






  referred to | responsible | : | IMCO |
| --- | --- | --- | --- | --- | --- |
| opinion | : | ECON, EMPL, ITRE, JURI |

1)

from the Council and Commission:

—

Proposal for a directive of the European Parliament and of the Council amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (COM(2006)0195 — C6-0141/2006 — 2006/0066(COD))

referred to

responsible

:

IMCO

opinion

:

ECON, EMPL, ITRE, JURI

| — | Proposal for transfer of appropriations DEC 29/2006 — Section III — Commission (SEC(2006)0793 — C6-0196/2006 — 2006/2148(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 29/2006 — Section III — Commission (SEC(2006)0793 — C6-0196/2006 — 2006/2148(GBD))

referred to

responsible

:

BUDG

| — | Council and Commission Decision concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (08161/2006 — C6-0197/2006 — 2006/0044(AVC))






  referred to | responsible | : | AFET |
| --- | --- | --- | --- | --- |
| opinion | : | INTA |

—

Council and Commission Decision concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (08161/2006 — C6-0197/2006 — 2006/0044(AVC))

referred to

responsible

:

AFET

opinion

:

INTA

| — | Council Decision on the accession of the Community to United Nations Economic Commission for Europe Regulation No 107 on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction (07884/1/2006 — C6-0198/2006 — 2005/0250(AVC))






  referred to | responsible | : | INTA |
| --- | --- | --- | --- | --- |
| opinion | : | TRAN |

—

Council Decision on the accession of the Community to United Nations Economic Commission for Europe Regulation No 107 on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction (07884/1/2006 — C6-0198/2006 — 2005/0250(AVC))

referred to

responsible

:

INTA

opinion

:

TRAN

| — | Proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS))






  referred to | responsible | : | AGRI |
| --- | --- | --- | --- | --- |
| opinion | : | BUDG, ENVI |

—

Proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS))

referred to

responsible

:

AGRI

opinion

:

BUDG, ENVI

| — | Proposal for a Council directive laying down minimum standards for the protection of calves (codified version) (COM(2006)0258 — C6-0200/2006 — 2006/0097(CNS))






  referred to | responsible | : | JURI |
| --- | --- | --- | --- | --- |

—

Proposal for a Council directive laying down minimum standards for the protection of calves (codified version) (COM(2006)0258 — C6-0200/2006 — 2006/0097(CNS))

referred to

responsible

:

JURI

| — | Proposal for a Council regulation amending Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation (COM(2006)0261 — C6-0201/2006 — 2006/0090(CNS))






  referred to | responsible | : | ITRE |
| --- | --- | --- | --- | --- |
| opinion | : | AFET, TRAN |

—

Proposal for a Council regulation amending Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation (COM(2006)0261 — C6-0201/2006 — 2006/0090(CNS))

referred to

responsible

:

ITRE

opinion

:

AFET, TRAN

| — | Proposal for a Council regulation amending Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products (COM(2006)0233 — C6-0202/2006 — 2006/0081(CNS))






  referred to | responsible | : | PECH |
| --- | --- | --- | --- | --- |
| opinion | : | BUDG |

—

Proposal for a Council regulation amending Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products (COM(2006)0233 — C6-0202/2006 — 2006/0081(CNS))

referred to

responsible

:

PECH

opinion

:

BUDG

| — | Proposal for transfer of appropriations DEC 27/2006 — Section III — Commission (SEC(2006)0829 — C6-0203/2006 — 2006/2177(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 27/2006 — Section III — Commission (SEC(2006)0829 — C6-0203/2006 — 2006/2177(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 28/2006 — Section III — Commission (SEC(2006)0803 — C6-0204/2006 — 2006/2178(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 28/2006 — Section III — Commission (SEC(2006)0803 — C6-0204/2006 — 2006/2178(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 32/2006 — Section III — Commission (SEC(2006)0807 — C6-0205/2006 — 2006/2179(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 32/2006 — Section III — Commission (SEC(2006)0807 — C6-0205/2006 — 2006/2179(GBD))

referred to

responsible

:

BUDG

| — | Modified proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |
| opinion | : | DEVE, CONT |

—

Modified proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS))

referred to

responsible

:

BUDG

opinion

:

DEVE, CONT

| — | Interinstitutional agreement taking the form of a joint statement concerning the draft for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10125/2006 — C6-0208/2006 — 2006/2152(ACI))






  referred to | responsible | : | AFCO |
| --- | --- | --- | --- | --- |

—

Interinstitutional agreement taking the form of a joint statement concerning the draft for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10125/2006 — C6-0208/2006 — 2006/2152(ACI))

referred to

responsible

:

AFCO

| 2) | from committees:






  — | * Report on the draft Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10126/1/2006 — C6-0190/2006 — 2002/0298(CNS)) — Committee on Constitutional Affairs
  Rapporteur: Corbett Richard (A6-0236/2006). |
| --- | --- | --- |

2)

from committees:

—

- Report on the draft Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10126/1/2006 — C6-0190/2006 — 2002/0298(CNS)) — Committee on Constitutional Affairs

Rapporteur: Corbett Richard (A6-0236/2006).

| — | Report on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI)) — Committee on Constitutional Affairs
  Rapporteur: Corbett Richard (A6-0237/2006). |
| --- | --- |

—

Report on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI)) — Committee on Constitutional Affairs

Rapporteur: Corbett Richard (A6-0237/2006).

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

(announcement of motions for resolutions tabled)

Pursuant to Rule 115, the following Members or political groups had requested that such a debate be held on the following motions for resolutions:

| I. | Somalia







  — | Margrete Auken and Sepp Kusstatscher, on behalf of the Verts/ALE Group, on Somalia (B6-0400/2006), |
| --- | --- | --- |

I.

Somalia

Somalia

—

Margrete Auken and Sepp Kusstatscher, on behalf of the Verts/ALE Group, on Somalia (B6-0400/2006),

| — | Luisa Morgantini, Esko Seppänen and Marco Rizzo, on behalf of the GUE/NGL Group, on Somalia (B6-0405/2006), |
| --- | --- |

—

Luisa Morgantini, Esko Seppänen and Marco Rizzo, on behalf of the GUE/NGL Group, on Somalia (B6-0405/2006),

| — | Simon Coveney, John Bowis, Jana Hybášková, Mario Mauro and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Somalia (B6-0406/2006), |
| --- | --- |

—

Simon Coveney, John Bowis, Jana Hybášková, Mario Mauro and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Somalia (B6-0406/2006),

| — | Johan Van Hecke and Marios Matsakis, on behalf of the ALDE Group, on Somalia (B6-0410/2006), |
| --- | --- |

—

Johan Van Hecke and Marios Matsakis, on behalf of the ALDE Group, on Somalia (B6-0410/2006),

| — | Pasqualina Napoletano, Glenys Kinnock and Marie-Arlette Carlotti, on behalf of the PSE Group, on the situation in Somalia (B6-0412/2006), |
| --- | --- |

—

Pasqualina Napoletano, Glenys Kinnock and Marie-Arlette Carlotti, on behalf of the PSE Group, on the situation in Somalia (B6-0412/2006),

| — | Cristiana Muscardini, on behalf of the UEN Group, on the situation in Somalia (B6-0415/2006). |
| --- | --- |

—

Cristiana Muscardini, on behalf of the UEN Group, on the situation in Somalia (B6-0415/2006).

| II. | Mauritania







  — | Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Mauritania (B6-0399/2006), |
| --- | --- | --- |

II.

Mauritania

Mauritania

—

Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Mauritania (B6-0399/2006),

| — | Luisa Morgantini and Willy Meyer Pleite, on behalf of the GUE/NGL Group, on the democratic process in Mauritania (B6-0403/2006), |
| --- | --- |

—

Luisa Morgantini and Willy Meyer Pleite, on behalf of the GUE/NGL Group, on the democratic process in Mauritania (B6-0403/2006),

| — | Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on Mauritania (B6-0407/2006), |
| --- | --- |

—

Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on Mauritania (B6-0407/2006),

| — | Lydie Polfer and Marios Matsakis, on behalf of the ALDE Group, on the situation in Mauritania (B6-0409/2006), |
| --- | --- |

—

Lydie Polfer and Marios Matsakis, on behalf of the ALDE Group, on the situation in Mauritania (B6-0409/2006),

| — | Pasqualina Napoletano, Alain Hutchinson, Marie-Arlette Carlotti and Glenys Kinnock, on behalf of the PSE Group, on the situation in Mauritania (B6-0413/2006), |
| --- | --- |

—

Pasqualina Napoletano, Alain Hutchinson, Marie-Arlette Carlotti and Glenys Kinnock, on behalf of the PSE Group, on the situation in Mauritania (B6-0413/2006),

| — | Ģirts Valdis Kristovskis and Eoin Ryan, on behalf of the UEN Group, on the situation in Mauritania (B6-0416/2006). |
| --- | --- |

—

Ģirts Valdis Kristovskis and Eoin Ryan, on behalf of the UEN Group, on the situation in Mauritania (B6-0416/2006).

| III. | Freedom of expression on the internet







  — | Monica Frassoni, Daniel Cohn-Bendit, Angelika Beer, Hélène Flautre, Eva Lichtenberger, David Hammerstein Mintz, Rebecca Harms, Raül Romeva i Rueda, Carl Schlyter, Helga Trüpel and Claude Turmes, on behalf of the Verts/ALE Group, on freedom of expression on the internet (B6-0401/2006), |
| --- | --- | --- |

III.

Freedom of expression on the internet

Freedom of expression on the internet

—

Monica Frassoni, Daniel Cohn-Bendit, Angelika Beer, Hélène Flautre, Eva Lichtenberger, David Hammerstein Mintz, Rebecca Harms, Raül Romeva i Rueda, Carl Schlyter, Helga Trüpel and Claude Turmes, on behalf of the Verts/ALE Group, on freedom of expression on the internet (B6-0401/2006),

| — | Zdzisław Zbigniew Podkański and Zbigniew Krzysztof Kuźmiuk, on behalf of the UEN Group, on freedom of expression on the internet (B6-0402/2006), |
| --- | --- |

—

Zdzisław Zbigniew Podkański and Zbigniew Krzysztof Kuźmiuk, on behalf of the UEN Group, on freedom of expression on the internet (B6-0402/2006),

| — | Vittorio Agnoletto, Umberto Guidoni and Miguel Portas, on behalf of the GUE/NGL Group, on the internet and freedom of expression (B6-0404/2006), |
| --- | --- |

—

Vittorio Agnoletto, Umberto Guidoni and Miguel Portas, on behalf of the GUE/NGL Group, on the internet and freedom of expression (B6-0404/2006),

| — | Charles Tannock and Simon Coveney, on behalf of the PPE-DE Group, on freedom of expression on the internet (B6-0408/2006), |
| --- | --- |

—

Charles Tannock and Simon Coveney, on behalf of the PPE-DE Group, on freedom of expression on the internet (B6-0408/2006),

| — | Henrik Lax and Marios Matsakis, on behalf of the ALDE Group, on freedom of expression on the internet (B6-0411/2006), |
| --- | --- |

—

Henrik Lax and Marios Matsakis, on behalf of the ALDE Group, on freedom of expression on the internet (B6-0411/2006),

| — | Pasqualina Napoletano, Catherine Trautmann and Christa Prets, on behalf of the PSE Group, on freedom of expression on the internet (B6-0414/2006). |
| --- | --- |

—

Pasqualina Napoletano, Catherine Trautmann and Christa Prets, on behalf of the PSE Group, on freedom of expression on the internet (B6-0414/2006).

Speaking time would be allocated in accordance with Rule 142.

4.   70 years after General Franco's coup d'état in Spain — (Statements by the President and the political groups)

(Statements by the President and the political groups)

Statements by the President and the political groups: 70 years after General Franco's coup d'état in Spain.

The President made the statement.

The following also made statements: Jaime Mayor Oreja, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, Bronisław Geremek, on behalf of the ALDE Group, Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Brian Crowley, on behalf of the UEN Group, Jens-Peter Bonde, on behalf of the IND/DEM Group, Maciej Marian Giertych, Non-attached Member, Martin Schulz, who made a personal statement in response to Maciej Marian Giertych's remarks, Zbigniew Zaleski, on the organisation of the debate, and Hans-Gert Poettering, also on Maciej Marian Giertych's remarks.

The debate closed.

5.   ERDF, ESF, Cohesion Fund (general provisions) *** — Establishment of a Cohesion Fund *** — European Social Fund ***II — European Regional Development Fund ***II — European grouping of territorial cooperation (EGTC) ***II (debate)

(debate)

Recommendation on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 [09077/2006 — C6-0192/2006 — 2004/0163(AVC)] — Committee on Regional Development

Rapporteur: Konstantinos Hatzidakis (A6-0224/2006).

Recommendation on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 [09078/2006 — C6-0191/2006 — 2004/0166(AVC)] — Committee on Regional Development

Rapporteur: Alfonso Andria (A6-0226/2006).

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 [09060/4/2006 — C6-0188/2006 — 2004/0165(COD)] — Committee on Employment and Social Affairs

Rapporteur: José Albino Silva Peneda (A6-0220/2006).

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 [09059/4/2006 — C6-0187/2006 — 2004/0167(COD)] — Committee on Regional Development

Rapporteur: Giovanni Claudio Fava (A6-0225/2006).

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European grouping of territorial co-operation (EGTC) [09062/2/2006 — C6-0189/2006 — 2004/0168(COD)] — Committee on Regional Development

Rapporteur: Jan Olbrycht (A6-0227/2006).

Konstantinos Hatzidakis introduced recommendation A6-0224/2006.

IN THE CHAIR: Luigi COCILOVO

Vice-President

Alfonso Andria introduced recommendation A6-0226/2006.

José Albino Silva Peneda introduced recommendation for second reading A6-0220/2006.

Giovanni Claudio Fava introduced recommendation for second reading A6-0225/2006.

Jan Olbrycht introduced recommendation for second reading A6-0227/2006.

The following spoke: Hannes Manninen (President-in-Office of the Council), Danuta Hübner (Member of the Commission) and Vladimír Špidla (Member of the Commission).

The following spoke: Jacek Protasiewicz (draftsman of the opinion of the EMPL Committee), Gerardo Galeote, on behalf of the PPE-DE Group, Constanze Angela Krehl, on behalf of the PSE Group, Jean Marie Beaupuy, on behalf of the ALDE Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Pedro Guerreiro, on behalf of the GUE/NGL Group, Mieczysław Edmund Janowski, on behalf of the UEN Group, and Vladimír Železný, on behalf of the IND/DEM Group.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

The following spoke: Jana Bobošíková, Rolf Berend, Alain Hutchinson, Mojca Drčar Murko, Gisela Kallenbach, Bairbre de Brún, Guntars Krasts, Graham Booth, Jan Tadeusz Masiel, Ambroise Guellec, Iratxe García Pérez, Marian Harkin, Alyn Smith, Kyriacos Triantaphyllides, Zbigniew Krzysztof Kuźmiuk, Georgios Karatzaferis, Peter Baco, Markus Pieper, Karin Jöns, Paavo Väyrynen, Luca Romagnoli, Oldřich Vlasák, Zita Gurmai, Nathalie Griesbeck, László Surján, Magda Kósáné Kovács, Antonio López-Istúriz White, Bernadette Bourzai, Francesco Musotto, Lidia Joanna Geringer de Oedenberg, Ria Oomen-Ruijten, Gábor Harangozó, Lambert van Nistelrooij, Stavros Arnaoutakis, Hannes Manninen, Danuta Hübner and Vladimír Špidla.

The debate closed.

Vote: Minutes of 04.07.2006, Item 6.11, Minutes of 04.07.2006, Item 6.12, Minutes of 04.07.2006, Item 6.7, Minutes of 04.07.2006, Item 6.8 and Minutes of 04.07.2006, Item 6.9.

Minutes of 04.07.2006, Item 6.11, Minutes of 04.07.2006, Item 6.12, Minutes of 04.07.2006, Item 6.7, Minutes of 04.07.2006, Item 6.8 and Minutes of 04.07.2006, Item 6.9

IN THE CHAIR: Mario MAURO

Vice-President

6.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

6.1.   Request for consultation of the European Economic and Social Committee: The impact and consequences of structural policies on EU cohesion (Rule 117) (vote)

(Rule 117) (vote)

Request for consultation: The impact and consequences of structural policies on EU cohesion

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

Approved

6.2.   Request for consultation of the Committee of the Regions: The impact and consequences of structural policies on EU cohesion (Rule 118) (vote)

(Rule 118) (vote)

Request for consultation: The impact and consequences of structural policies on EU cohesion

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

Approved

6.3.   Transnational organised crime (the smuggling of migrants) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (Renewed consultation) [08174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Jean-Marie Cavada (A6-0215/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0281)

(P6_TA(2006)0281)

6.4.   Transnational organised crime (trafficking in persons) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (Renewed consultation) [08174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Jean-Marie Cavada (A6-0214/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0282)

(P6_TA(2006)0282)

6.5.   Application of the Aarhus Convention to EC institutions and bodies ***III (vote)

(vote)

Report on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies [PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD)] — Parliament's delegation to the Conciliation Committee

Rapporteur: Eija-Riitta Korhola (A6-0230/2006).

(Simple majority for approval)

(Simple majority for approval)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

JOINT TEXT

Adopted (P6_TA(2006)0283)

P6_TA(2006)0283)

6.6.   Batteries, accumulators and their waste ***III (vote)

(vote)

Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC [PE-CONS 3615/2006 — C6-0154/2006 — 2003/0282(COD)] — Parliament's delegation to the Conciliation Committee

Rapporteur: Johannes Blokland (A6-0231/2006).

(Simple majority for approval)

(Simple majority for approval)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

JOINT TEXT

Adopted (P6_TA(2006)0284)

P6_TA(2006)0284)

6.7.   European Social Fund ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 [09060/4/2006 — C6-0188/2006 — 2004/0165(COD)] — Committee on Employment and Social Affairs

Rapporteur: José Albino Silva Peneda (A6-0220/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 7)

(Voting record: ‘Results of votes’, Item 7)

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0285)

(P6_TA(2006)0285)

6.8.   European Regional Development Fund ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 [09059/4/2006 — C6-0187/2006 — 2004/0167(COD)] — Committee on Regional Development

Rapporteur: Giovanni Claudio Fava (A6-0225/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 8)

(Voting record: ‘Results of votes’, Item 8)

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0286)

(P6_TA(2006)0286)

6.9.   European grouping of territorial co-operation (EGTC) ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European grouping of territorial co-operation (EGTC) [09062/2/2006 — C6-0189/2006 — 2004/0168(COD)] — Committee on Regional Development

Rapporteur: Jan Olbrycht (A6-0227/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 9)

(Voting record: ‘Results of votes’, Item 9)

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0287)

(P6_TA(2006)0287)

6.10.   Service of documents in civil or commercial matters ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters [COM(2005)0305 — C6-0232/2005 — 2005/0126(COD)] — Committee on Legal Affairs

Rapporteur: Jean-Paul Gauzès (A6-0024/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 10)

(Voting record: ‘Results of votes’, Item 10)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0288)

(P6_TA(2006)0288)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0288)

(P6_TA(2006)0288)

6.11.   ERDF, ESF, Cohesion Fund (general provisions) *** (vote)

(vote)

Recommendation on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 [09077/2006 — C6-0192/2006 — 2004/0163(AVC)] — Committee on Regional Development

Rapporteur: Konstantinos Hatzidakis (A6-0224/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 11)

(Voting record: ‘Results of votes’, Item 11)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0289)

(P6_TA(2006)0289)

Parliament thereby gave its assent.

6.12.   Establishment of a Cohesion Fund *** (vote)

(vote)

Recommendation on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 [09078/2006 — C6-0191/2006 — 2004/0166(AVC)] — Committee on Regional Development

Rapporteur: Alfonso Andria (A6-0226/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 12)

(Voting record: ‘Results of votes’, Item 12)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0290)

(P6_TA(2006)0290)

Parliament thereby gave its assent.

6.13.   Cabotage and international tramp services * (vote)

(vote)

Report on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services [COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS)] — Committee on Economic and Monetary Affairs

Rapporteur: Corien Wortmann-Kool (A6-0217/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 13)

(Voting record: ‘Results of votes’, Item 13)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0291)

(P6_TA(2006)0291)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0291)

(P6_TA(2006)0291)

6.14.   Own resources * (vote)

(vote)

Report on the proposal for a Council decision on the system of the European Communities' own resources [COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS)] — Committee on Budgets

Rapporteur: Alain Lamassoure (A6-0223/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 14)

(Voting record: ‘Results of votes’, Item 14)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0292)

(P6_TA(2006)0292)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0292)

(P6_TA(2006)0292)

6.15.   Crisis of Equitable Life (vote)

(vote)

Interim report on the crisis of the Equitable Life Assurance Society [2006/2026(INI)] — Committee of Inquiry into the crisis of the Equitable Life Assurance Society

Rapporteur: Diana Wallis (A6-0221/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 15)

(Voting record: ‘Results of votes’, Item 15)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0293)

(P6_TA(2006)0293)

The following spoke:

The following spoke:

Diana Wallis (rapporteur), who moved an oral amendment to recital G, which was incorporated.

6.16.   Consolidation in financial services (vote)

(vote)

Report on further consolidation in the financial services industry [2006/2081(INI)] — Committee on Economic and Monetary Affairs

Rapporteur: Joseph Muscat (A6-0170/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 16)

(Voting record: ‘Results of votes’, Item 16)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0294)

(P6_TA(2006)0294)

The following spoke:

The following spoke:

Joseph Muscat (rapporteur), who moved an oral amendment to amendment 8, which was incorporated.

6.17.   Recent developments in and prospects for company law (vote)

(vote)

Report on recent developments in and prospects in relation to company law [2006/2051(INI)] — Committee on Legal Affairs

Rapporteur: Andrzej Jan Szejna (A6-0229/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 17)

(Voting record: ‘Results of votes’, Item 17)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0295)

(P6_TA(2006)0295)

6.18.   Reducing the climate change impact of aviation (vote)

(vote)

Report on reducing the climate change impact of aviation [2005/2249(INI)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Caroline Lucas (A6-0201/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 18)

(Voting record: ‘Results of votes’, Item 18)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0296)

(P6_TA(2006)0296)

The following spoke:

The following spoke:

| — | Caroline Lucas (rapporteur), who moved oral amendments to amendments 2 and 1, which were not incorporated. |
| --- | --- |

—

Caroline Lucas (rapporteur), who moved oral amendments to amendments 2 and 1, which were not incorporated.

| — | Before the final vote, Jeanine Hennis-Plasschaert (draftswoman of the opinion of the TRAN Committee) withdrew her support for the report. Chris Davies spoke on her decision to do so. |
| --- | --- |

—

Before the final vote, Jeanine Hennis-Plasschaert (draftswoman of the opinion of the TRAN Committee) withdrew her support for the report. Chris Davies spoke on her decision to do so.

7.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Report: Jean-Marie Cavada — A6-0215/2006:

| — | Andreas Mölzer, Hubert Pirker |
| --- | --- |

—

Andreas Mölzer, Hubert Pirker

Report: Jean-Marie Cavada — A6-0214/2006:

| — | Hubert Pirker |
| --- | --- |

—

Hubert Pirker

Report: Alain Lamassoure — A6-0223/2006:

| — | Hynek Fajmon |
| --- | --- |

—

Hynek Fajmon

Report: Caroline Lucas — A6-0201/2006:

| — | Ivo Strejček, Robert Evans |
| --- | --- |

—

Ivo Strejček, Robert Evans

8.   Corrections to votes and voting intentions

Corrections to votes:

Corrections to votes:

Corrections to votes appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes will be finalised so that it can be translated and published in the Official Journal.

Voting intentions:

Voting intentions:

The Presidency had been notified of the following voting intentions (in respect of votes that had not been cast):

Report: Konstantinos Hatzidakis — A6-0224/2006

| — | amendment 1

  against: José Javier Pomés Ruiz, Marie Panayotopoulos-Cassiotou |
| --- | --- |

—

amendment 1

against: José Javier Pomés Ruiz, Marie Panayotopoulos-Cassiotou

against:

| — | resolution (as a whole)

  in favour: Gunnar Hökmark, José Javier Pomés Ruiz, Alexander Radwan |
| --- | --- |

—

resolution (as a whole)

in favour: Gunnar Hökmark, José Javier Pomés Ruiz, Alexander Radwan

in favour:

Report: Corien Wortmann-Kool — A6-0217/2006

| — | amendment 20

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

—

amendment 20

against: Rainer Wieland

against:

| — | resolution (as a whole)

  in favour: Gilles Savary |
| --- | --- |

—

resolution (as a whole)

in favour: Gilles Savary

in favour:

Report: Alain Lamassoure — A6-0223/2006

| — | amendment 1

  in favour: Hubert Pirker |
| --- | --- |

—

amendment 1

in favour: Hubert Pirker

in favour:

Report: Caroline Lucas — A6-0201/2006

| — | resolution (as a whole)

  in favour: Libor Rouček |
| --- | --- |

—

resolution (as a whole)

in favour: Libor Rouček

in favour:

(The sitting was suspended at 12.50 and resumed at 15.05.)

(The sitting was suspended at 12.50 and resumed at 15.05.)

IN THE CHAIR: Jacek Emil SARYUSZ-WOLSKI

Vice-President

9.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

10.   Economic and social consequences of business restructuring in Europe (debate)

(debate)

Commission statement: Economic and social consequences of business restructuring in Europe

Günter Verheugen (Vice-President of the Commission) made the statement.

The following spoke: José Albino Silva Peneda, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, Lena Ek, on behalf of the ALDE Group, Pierre Jonckheer, on behalf of the Verts/ALE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Zdzisław Zbigniew Podkański, on behalf of the UEN Group, Philip Bushill-Matthews, Jan Andersson, Roberto Musacchio, Malcolm Harbour, Jean Louis Cottigny, Helmuth Markov, Edite Estrela and Pier Antonio Panzeri.

IN THE CHAIR: Gérard ONESTA

Vice-President

The following spoke: Joel Hasse Ferreira, Jamila Madeira and Günter Verheugen.

Motions for resolutions to wind up the debate tabled pursuant to Rule 103(2):

| — | Alain Lipietz, Pierre Jonckheer, Elisabeth Schroedter, on behalf of the Verts/ALE Group, on the economic and social impacts of restructuring (B6-0383/2006), |
| --- | --- |

—

Alain Lipietz, Pierre Jonckheer, Elisabeth Schroedter, on behalf of the Verts/ALE Group, on the economic and social impacts of restructuring (B6-0383/2006),

| — | Martin Schulz, Stephen Hughes, Jan Andersson, Joel Hasse Ferreira, Jean Louis Cottigny, Alain Hutchinson, Edite Estrela, Jamila Madeira, on behalf of the PSE Group, on the economic and social consequences of company restructuring in Europe (B6-0387/2006), |
| --- | --- |

—

Martin Schulz, Stephen Hughes, Jan Andersson, Joel Hasse Ferreira, Jean Louis Cottigny, Alain Hutchinson, Edite Estrela, Jamila Madeira, on behalf of the PSE Group, on the economic and social consequences of company restructuring in Europe (B6-0387/2006),

| — | Ria Oomen-Ruijten, José Albino Silva Peneda, on behalf of the PPE-DE Group, on the economic and social consequences of companies restructuring in Europe (B6-0388/2006), |
| --- | --- |

—

Ria Oomen-Ruijten, José Albino Silva Peneda, on behalf of the PPE-DE Group, on the economic and social consequences of companies restructuring in Europe (B6-0388/2006),

| — | Lena Ek, on behalf of the ALDE Group, on the economic and social consequences of industrial restructuring in Europe (B6-0389/2006), |
| --- | --- |

—

Lena Ek, on behalf of the ALDE Group, on the economic and social consequences of industrial restructuring in Europe (B6-0389/2006),

| — | Ilda Figueiredo, Pedro Guerreiro, Roberto Musacchio, Marco Rizzo, Helmuth Markov, Miguel Portas, on behalf of the GUE/NGL Group, on economic and social consequences of company restructuring in Europe (B6-0398/2006). |
| --- | --- |

—

Ilda Figueiredo, Pedro Guerreiro, Roberto Musacchio, Marco Rizzo, Helmuth Markov, Miguel Portas, on behalf of the GUE/NGL Group, on economic and social consequences of company restructuring in Europe (B6-0398/2006).

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.13.

Minutes of 06.07.2006, Item 6.13

11.   Investing for growth and employment (debate)

(debate)

Report on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (2006/2005(INI)) — Committee on Industry, Research and Energy

Rapporteur: Pilar del Castillo Vera (A6-0204/2006).

Pilar del Castillo Vera introduced the report.

Günter Verheugen (Vice-President of the Commission) spoke.

The following spoke: Maria Matsouka (draftsman of the opinion of the EMPL Committee), Guy Bono (draftsman of the opinion of the CULT Committee), Jerzy Buzek, on behalf of the PPE-DE Group, Britta Thomsen, on behalf of the PSE Group, Jorgo Chatzimarkakis, on behalf of the ALDE Group, David Hammerstein Mintz, on behalf of the Verts/ALE Group, Eva-Britt Svensson, on behalf of the GUE/NGL Group, Andreas Mölzer, Non-attached Member, Nikolaos Vakalis, Reino Paasilinna, Arūnas Degutis, Erna Hennicot-Schoepges, Teresa Riera Madurell, Ján Hudacký, Pia Elda Locatelli, András Gyürk, Adam Gierek and Zita Pleštinská.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following spoke: John Attard-Montalto, Zdzisław Kazimierz Chmielewski, Lidia Joanna Geringer de Oedenberg, Marie Panayotopoulos-Cassiotou, Wiesław Stefan Kuc and Romana Jordan Cizelj.

The debate closed.

Vote: Minutes of 05.07.2006, Item 4.5.

Minutes of 05.07.2006, Item 4.5

12.   Towards a more integrated approach for industrial policy (debate)

(debate)

Report on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy [2006/2003(INI)] — Committee on Industry, Research and Energy

Rapporteur: Joan Calabuig Rull (A6-0206/2006).

Joan Calabuig Rull introduced the report.

Günter Verheugen (Vice-President of the Commission) spoke.

The following spoke: Ilda Figueiredo (draftsman of the opinion of the EMPL Committee), Werner Langen, on behalf of the PPE-DE Group, Reino Paasilinna, on behalf of the PSE Group, Patrizia Toia, on behalf of the ALDE Group, Rebecca Harms, on behalf of the Verts/ALE Group, and Lydia Schenardi, Non-attached Member.

The debate was suspended at that point for Question Time.

It would be resumed at 21.00.

13.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B6-0312/2006).

Part one

Part one

Question 34 (Claude Moraes): Football.

Neelie Kroes (Member of the Commission) answered the question and supplementaries by Claude Moraes, Glyn Ford and Manolis Mavrommatis.

Question 35 (Robert Evans): Montenegro.

Olli Rehn (Member of the Commission) answered the question and supplementaries by Robert Evans and Bernd Posselt.

Question 36 (András Gyürk): Examinations of the energy market during the past month and their outcome.

Neelie Kroes answered the question and supplementaries by András Gyürk and Paul Rübig.

Part two

Part two

Question 37 would not be taken as the subject to which it referred was already on the agenda of the part-session.

Question 38 (Bernd Posselt): Situation in Russia.

Question 39 (Milan Horáček): Situation in Russia.

Benita Ferrero-Waldner (Member of the Commission) answered the questions and supplementaries by Bernd Posselt, Milan Horáček, Justas Vincas Paleckis and Paul Rübig.

Question 40 (Nicholson of Winterbourne): Recognised operational guidelines when dealing with hostage-takers.

Benita Ferrero-Waldner answered the question and supplementaries by Baroness Nicholson of Winterbourne and Richard Seeber.

Question 41 (Justas Vincas Paleckis): EU-Russia cooperation.

Benita Ferrero-Waldner answered the question and supplementaries by Justas Vincas Paleckis, Piia-Noora Kauppi and Agnes Schierhuber.

Questions 42 to 47 would receive written answers.

Question 48 (Marc Tarabella): Right of residence for European Union citizens.

Franco Frattini (Vice-President of the Commission) answered the question and a supplementary by Marc Tarabella.

Question 49 (Sarah Ludford): ‘Passerelle’ clause.

Franco Frattini answered the question and supplementaries by Sarah Ludford and Margarita Starkevičiūtė.

Question 50 (Zdzisław Kazimierz Chmielewski): Situation of disabled persons in prisons.

Franco Frattini answered the question and a supplementary by Zdzisław Kazimierz Chmielewski.

Questions 51 to 58 would receive written answers.

Question 59 (Georgios Toussas): Punitive dismissal of trade unionists.

Franco Frattini answered the question.

Georgios Toussas put a supplementary.

Marie Panayotopoulos-Cassiotou expressed her disappointment at the fact that her question (Question 51) had not been called (the President replied that the rules governing Question Time had been complied with).

Franco Frattini answered Georgios Toussas's supplementary.

Question 60 (Dimitrios Papadimoulis): Greek legislation providing exemptions from execution of court judgments.

Franco Frattini answered the question and a supplementary by Dimitrios Papadimoulis.

Rodi Kratsa-Tsagaropoulou protested about the order of the questions and expressed her disappointment at the fact that her question (Question 54) had not been called (the President replied that the rules governing Question Time had been complied with).

Marie Panayotopoulos-Cassiotou put a supplementary, which Franco Frattini answered.

Georgios Toussas spoke to make a point of order (the President cut him off as his remarks did not constitute a point of order).

Question 61 (Proinsias De Rossa): Transposition of Posting of Workers Directive in Ireland.

Franco Frattini answered the question and supplementaries by Proinsias De Rossa, Mairead McGuinness and Jim Higgins.

Questions 69 and 86 were inadmissible.

Questions which had not been answered for lack of time would receive written answers (see annex to the Verbatim Report of Proceedings).

(see annex to the Verbatim Report of Proceedings)

Commission Question Time closed.

(The sitting was suspended at 19.20 and resumed at 21.00.)

(The sitting was suspended at 19.20 and resumed at 21.00.)

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

14.   Towards a more integrated approach for industrial policy (continuation of debate)

(continuation of debate)

Report on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy [2006/2003(INI)] — Committee on Industry, Research and Energy

Rapporteur: Joan Calabuig Rull (A6-0206/2006).

The following spoke: Pilar del Castillo Vera, Pia Elda Locatelli, Danutė Budreikaitė, Nikolaos Vakalis, John Attard-Montalto, Alessandro Battilocchio, Gunnar Hökmark and Paul Rübig.

The debate closed.

Vote: Minutes of 05.07.2006, Item 4.6.

Minutes of 05.07.2006, Item 4.6

15.   Technical requirements for inland waterway vessels ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC [13274/1/2005 — C6-0091/2006 — 1997/0335(COD)] — Committee on Transport and Tourism

Rapporteur: Renate Sommer (A6-0208/2006).

Renate Sommer introduced the recommendation for second reading.

Jacques Barrot (Vice-President of the Commission) spoke.

The following spoke: Reinhard Rack, on behalf of the PPE-DE Group, Ulrich Stockmann, on behalf of the PSE Group, Johannes Blokland, on behalf of the IND/DEM Group, Inés Ayala Sender and Jacques Barrot.

The debate closed.

Vote: Minutes of 05.07.2006, Item 4.2.

Minutes of 05.07.2006, Item 4.2

16.   Harmonisation of technical requirements and administrative procedures in air transport ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation [13376/1/2005 — C6-0090/2006 — 2000/0069(COD)] — Committee on Transport and Tourism

Rapporteur: Ulrich Stockmann (A6-0212/2006).

Ulrich Stockmann introduced the recommendation for second reading.

Jacques Barrot (Vice-President of the Commission) spoke.

The following spoke: Roland Gewalt, on behalf of the PPE-DE Group, Gilles Savary, on behalf of the PSE Group, and Dirk Sterckx, on behalf of the ALDE Group.

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

The following spoke: Eva Lichtenberger, on behalf of the Verts/ALE Group, Georgios Toussas, on behalf of the GUE/NGL Group, Roberts Zīle, on behalf of the UEN Group, Georg Jarzembowski, Ewa Hedkvist Petersen, Mieczysław Edmund Janowski, Reinhard Rack, Inés Ayala Sender, Christine De Veyrac, Jörg Leichtfried and Jacques Barrot.

The debate closed.

Vote: Minutes of 05.07.2006, Item 4.3.

Minutes of 05.07.2006, Item 4.3

17.   Shipments of radioactive waste and nuclear spent fuel * (debate)

(debate)

Report on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel [COM(2005)0673 — C6-0031/2006 — 2005/0272(CNS)] — Committee on Industry, Research and Energy

Rapporteur: Esko Seppänen (A6-0174/2006).

Andris Piebalgs (Member of the Commission) spoke.

Esko Seppänen introduced the report.

The following spoke: Werner Langen, on behalf of the PPE-DE Group, Vincenzo Lavarra, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Rebecca Harms, on behalf of the Verts/ALE Group, Kartika Tamara Liotard, on behalf of the GUE/NGL Group, Kathy Sinnott, on behalf of the IND/DEM Group, Alejo Vidal-Quadras, Justas Vincas Paleckis, Marie Anne Isler Béguin, Romana Jordan Cizelj, András Gyürk, Paul Rübig and Andris Piebalgs.

The debate closed.

Vote: Minutes of 05.07.2006, Item 4.4.

Minutes of 05.07.2006, Item 4.4

18.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 354.650/OJME).

19.   Closure of sitting

The sitting closed at 23.05.

Julian Priestley

Secretary-General

Janusz Onyszkiewicz

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Agnoletto, Aita, Albertini, Allister, Alvaro, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Ashworth, Atkins, Attard-Montalto, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia I Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belet, Belohorská, Bennahmias, Beňová, Berend, van den Berg, Berlato, Berlinguer, Berman, Bielan, Birutis, Blokland, Bobošíková, Böge, Bösch, Bonde, Bono, Bonsignore, Booth, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, van Buitenen, Bullmann, van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Cappato, Carlotti, Carnero González, Casa, Casaca, Cashman, Casini, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, de Brún, Degutis, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, Ek, El Khadraoui, Esteves, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert Evans, Fajmon, Falbr, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Ford, Fourtou, Fraga Estévez, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Gargani, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Gierek, Giertych, Gill, Gklavakis, Glante, Glattfelder, Goebbels, Goepel, Golik, Gollnisch, Gomolka, Gottardi, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Harangozó, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Hudacký, Hudghton, Hughes, Hutchinson, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Karatzaferis, Karim, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kilroy-Silk, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Koch-Mehrin, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lavarra, Lax, Lechner, Le Foll, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Marine Le Pen, Le Rachinel, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liotard, Lipietz, Locatelli, López-Istúriz White, Losco, Louis, Lucas, Ludford, Lulling, Lynne, Maaten, McAvan, McGuinness, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Mantovani, Markov, Marques, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mastenbroek, Mathieu, Mato Adrover, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Montoro Romero, Moraes, Moreno Sánchez, Morgan, Morgantini, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, van Nistelrooij, Novak, Obiols i Germà, Achille Occhetto, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papadimoulis, Papastamkos, Parish, Patriciello, Patrie, Peillon, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Pirker, Piskorski, Pistelli, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poettering, Poignant, Polfer, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Remek, Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savary, Savi, Scheele, Schenardi, Schierhuber, Schlyter, Frithjof Schmidt, Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schuth, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tannock, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Valenciano Martínez-Orozco, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vaugrenard, Veneto, Veraldi, Vergnaud, Vernola, Vidal-Quadras, de Villiers, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Manfred Weber, Weisgerber, Westlund, Whittaker, Wiersma, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Záborská, Zaleski, Zani, Zapałowski, Zappalà, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Abadjiev, Anastase, Arabadjiev, Athanasiu, Bărbuleţiu, Bliznashki, Buruiană Aprodu, Cappone, Ciornei, Cioroianu, Corlăţean, Coşea, Corina Creţu, Gabriela Creţu, Dimitrov, Dîncu, Duca, Dumitrescu, Ganţ, Hogea, Ilchev, Kazak, Kirilov, Kónya-Hamar, Marinescu, Mihăescu, Morţun, Paparizov, Parvanova, Petre, Podgorean, Popa, Popeangă, Silaghi, Sofianski, Stoyanov, Szabó, Ţicău, Tîrle, Zgonea Valeriu Ştefan

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Request for consultation of the Economic and Social Committee — The impact and consequences of structural policies on EU cohesion

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| request for consultation | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

request for consultation

+

2.   Request for consultation of the Committee of the Regions — The impact and consequences of structural policies on EU cohesion

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| request for consultation | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

request for consultation

+

3.   Transnational organised crime (the smuggling of migrants) *

Report: Jean-Marie CAVADA (A6-0215/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Transnational organised crime (trafficking in persons) *

Report: Jean-Marie CAVADA (A6-0214/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   Application of the Århus Convention to EC institutions and bodies ***III

Report: Eija-Riitta KORHOLA (A6-0230/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: joint text

+

6.   Batteries, accumulators and their waste ***III

Report: Johannes BLOKLAND (A6-0231/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: joint text

+

7.   European Social Fund ***II

Recommendation for second reading: (qualified majority)

José Albino SILVA PENEDA (A6-0220/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| approval without vote | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

8.   European Regional Development Fund ***II

Recommendation for second reading: (qualified majority)

Giovanni Claudio FAVA (A6-0225/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| approval without vote | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

9.   European grouping of territorial co-operation (EGTC) ***II

Recommendation for second reading: (qualified majority)

Jan OLBRYCHT (A6-0227/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| approval without vote | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

10.   Service of documents in civil or commercial matters ***I

Report: Jean-Paul GAUZÈS (A6-0024/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal for a regulation |
| Block 1 | 7-28
  30-40
  42-43 | PPE-DE, PSE, ALDE, Verts/ALE | | + | |
| Block 2 | 1-6 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| Draft legislative resolution |
| after § 1 | 29 | PPE-DE, PSE, ALDE, Verts/ALE | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal for a regulation

Block 1

7-28

30-40

42-43

PPE-DE, PSE, ALDE, Verts/ALE

+

Block 2

1-6

Committee

↓

vote: amended proposal

+

Draft legislative resolution

after § 1

29

PPE-DE, PSE, ALDE, Verts/ALE

+

vote: legislative resolution

+

Amendments 41 and 44 had been cancelled.

11.   ERDF, ESF, Cohesion Fund (general provisions) ***

Recommendation: Konstantinos HATZIDAKIS (A6-0224/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after citation 2 | 1 | Verts/ALE | RCV | - | 80, 534, 16 |
| vote: legislative resolution | RCV | + | 533, 41, 53 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

after citation 2

1

Verts/ALE

RCV

-

80, 534, 16

vote: legislative resolution

RCV

+

533, 41, 53

Requests for roll-call votes

PPE-DE: final vote

Verts/ALE: am 1

12.   Establishment of a Cohesion Fund ***

Report: Alfonso ANDRIA (A6-0226/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: legislative resolution | RCV | + | 567, 29, 36 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative resolution

RCV

+

567, 29, 36

Requests for roll-call votes

PPE-DE: final vote

13.   Cabotage and international tramp services *

Report: Corien WORTMANN-KOOL (A6-0217/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — separate vote | 1 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 2 | Committee | | + | |
| 3 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 4 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 6 | Committee | sep | + | |
| 7 | Committee | sep | + | |
| 8 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 9 | Committee | sep | + | |
| 10 | Committee | sep | + | |
| 11-12 | Committee | sep | + | |
| Article 1, after § 2 | 20 | Verts/ALE | RCV | - | 261, 363, 13 |
| 13 | Committee | | + | |
| Article 2 | 15 | GUE/NGL | | - | |
| 21 | Verts/ALE | RCV | - | 279, 354, 11 |
| 14 | Committee | | + | |
| after recital 10 | 22 | PPE-DE + PSE | split | | |
| 1 | + | |
| 2 | + | |
| recital 11 | 5cp | Committee | | + | |
| recital 12 | 5cp | Committee | | + | |
| 16 | GUE/NGL | | ↓ | |
| recital 13 | 17 | GUE/NGL | | - | |
| after recital 13 | 18 | GUE/NGL | | - | |
| recital 14 | 19 | GUE/NGL | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 534, 89, 16 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — separate vote

1

Committee

split

1

+

2

+

2

Committee

+

3

Committee

split

1

+

2

+

4

Committee

split

1

+

2

+

6

Committee

sep

+

7

Committee

sep

+

8

Committee

split

1

+

2

+

9

Committee

sep

+

10

Committee

sep

+

11-12

Committee

sep

+

Article 1, after § 2

20

Verts/ALE

RCV

-

261, 363, 13

13

Committee

+

Article 2

15

GUE/NGL

-

21

Verts/ALE

RCV

-

279, 354, 11

14

Committee

+

after recital 10

22

PPE-DE + PSE

split

1

+

2

+

recital 11

5cp

Committee

+

recital 12

5cp

Committee

+

16

GUE/NGL

↓

recital 13

17

GUE/NGL

-

after recital 13

18

GUE/NGL

-

recital 14

19

GUE/NGL

-

vote: amended proposal

+

vote: legislative resolution

RCV

+

534, 89, 16

Requests for roll-call votes

PPE-DE: final vote

Verts/ALE: ams 20, 21

Requests for separate votes

IND/DEM: ams 6-12

Verts/ALE: ams 1, 6, 13, 14

ALDE: ams 10, 13, 14

Requests for split votes

Verts/ALE

am 3

First part: text as a whole without the words ‘after a transitional period of two years’

Second part: those words

am 4

First part: text as a whole without the words ‘although they cannot be obliged to do so’

Second part: those words

am 8

First part:‘The UNCTAD code ... for liner conferences.’

Second part:‘However ... such denouncement.’

ALDE

am 1

First part:‘The liner shipping conference ... protected from competition’

Second part:‘However, given the current ... in this sector is acknowledged’

Verts/ALE, ALDE

am 22

First part:‘In order to ... the Treaty’

Second part:‘before the end of the transitional period’

14.   Own resources *

Report: Alain LAMASSOURE (A6-0223/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 2-4
  6 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 1 | Committee | RCV | + | 533, 82, 23 |
| 5 | Committee | split/RCV | | |
| 1 | + | 576, 38, 25 |
| 2 | - | 283, 328, 30 |
| recital 8 | 7 | GUE/NGL | RCV | - | 242, 390, 7 |
| recital 9 | 8 | GUE/NGL | | - | |
| after recital 11 | 9 | Verts/ALE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

2-4

6

Committee

+

Amendments by the committee responsible — separate vote

1

Committee

RCV

+

533, 82, 23

5

Committee

split/RCV

1

+

576, 38, 25

2

-

283, 328, 30

recital 8

7

GUE/NGL

RCV

-

242, 390, 7

recital 9

8

GUE/NGL

-

after recital 11

9

Verts/ALE

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

IND/DEM: ams 5 and 7

GUE/NGL: am 1

Requests for split votes

PPE-DE

am 5

First part:‘The European Council ... and sound financial management.’

Second part:‘The European Parliament in its decision ... next financial framework.’

Requests for separate votes

GUE/NGL am 5

15.   Crisis of Equitable Life

Interim report: Diana WALLIS (A6-0221/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| recital G | § | original text | | + | oral amendment |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

recital G

§

original text

+

oral amendment

vote: resolution (as a whole)

+

Miscellaneous

Diana Wallis (rapporteur) moved an oral amendment to recital G, which then read as follows:

| ‘G. | whereas the issues dealt with by the Committee of Inquiry have a general significance that goes beyond the particular concerns of the European citizens who are directly affected, in particular as regards the adequate functioning of the internal market for insurance products, the correct implementation of Community law and the adequacy of redress mechanisms available to citizens, in particular in cross-border situations where the undertaking concerned is under home-country control,’ |
| --- | --- |

‘G.

whereas the issues dealt with by the Committee of Inquiry have a general significance that goes beyond the particular concerns of the European citizens who are directly affected, in particular as regards the adequate functioning of the internal market for insurance products, the correct implementation of Community law and the adequacy of redress mechanisms available to citizens, in particular in cross-border situations where the undertaking concerned is under home-country control,’

16.   Consolidation in financial services

Report: Joseph MUSCAT (A6-0170/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | § | original text | split | | |
| 1 | + | |
| 2/EV | + | 353, 255, 20 |
| § 4 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 8 | 6 | PSE | RCV | + | 345, 287, 9 |
| § 9 | 1 | ALDE | | - | |
| after § 9 | 7 | PSE | | - | |
| § 10 | 2 | ALDE | | - | |
| § 12 | 3 | ALDE | EV | + | 326, 276, 18 |
| § 17 | § | original text | sep | + | |
| § 23 | § | original text | split | | |
| 1 | + | |
| 2/EV | - | 282, 319, 18 |
| § 26 | 4 | ALDE | EV | + | 308, 299, 16 |
| § | original text | sep | ↓ | |
| § 33 | § | original text | sep | + | |
| § 36 | 5 | ALDE | EV | + | 306, 272, 39 |
| § 38 | 8 | PSE | | + | oral amendment |
| § | original text | sep | ↓ | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

§

original text

original text

split

1

+

2/EV

+

353, 255, 20

§ 4

§

original text

original text

split

1

+

2

+

§ 8

6

PSE

RCV

+

345, 287, 9

§ 9

1

ALDE

-

after § 9

7

PSE

-

§ 10

2

ALDE

-

§ 12

3

ALDE

EV

+

326, 276, 18

§ 17

§

original text

original text

sep

+

§ 23

§

original text

original text

split

1

+

2/EV

-

282, 319, 18

§ 26

4

ALDE

EV

+

308, 299, 16

§

original text

original text

sep

↓

§ 33

§

original text

original text

sep

+

§ 36

5

ALDE

EV

+

306, 272, 39

§ 38

8

PSE

+

oral amendment

oral amendment

§

original text

original text

sep

↓

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Requests for separate votes

Requests for separate votes

Verts/ALE: §§ 17, 26

UEN: § 38

ALDE: § 33

Requests for roll-call votes

Requests for roll-call votes

PSE: am 6

Requests for split votes

Requests for split votes

Verts/ALE, PSE

§ 23

§ 23

First part:‘notes that the current tax treatment ... rather than EU dividends;’

First part:

Second part:‘notes also ... foreign investment’

Second part:

ALDE

§ 4

§ 4

First part:‘Welcome the positive effect ... regulatory framework’

First part:

Second part:‘even though not all ... have yet been realised’

Second part:

PSE

PSE

§ 3

§ 3

First part:‘Notes that ... many different ways’

First part:

Second part:‘such as through commercial alliances ... settlement systems);’

Second part:

Miscellaneous

Miscellaneous

Joseph Muscat (rapporteur) moved an oral amendment to amendment 8, which now read as follows:

| ‘38. | Believes that it is high time that the EU institutions, and particularly the Parliament, opened a debate on the structure of supervision of EU financial markets; for this reason, calls for the setting up, by the end of 2006, of a committee of “wise persons” to study — and report back six months after the establishment of the committee — the implications of the consolidation of markets and financial institutions, prudential supervision, financial stability, and crisis management; in this regard, asks the committee to propose concrete ideas regarding the simplification of multiple reporting requirements and the improvement of the current structures, and, ultimately to reflect on the needs and structures of European financial supervisors;’ |
| --- | --- |

‘38.

Believes that it is high time that the EU institutions, and particularly the Parliament, opened a debate on the structure of supervision of EU financial markets; for this reason, calls for the setting up, by the end of 2006, of a committee of “wise persons” to study — and report back six months after the establishment of the committee — the implications of the consolidation of markets and financial institutions, prudential supervision, financial stability, and crisis management; in this regard, asks the committee to propose concrete ideas regarding the simplification of multiple reporting requirements and the improvement of the current structures, and, ultimately to reflect on the needs and structures of European financial supervisors;’

17.   Recent developments in and prospects for company law

Report: Andrzej Jan SZEJNA (A6-0229/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | § | original text | sep | + | |
| after § 15 | 2 | PSE | | + | |
| after § 26 | 4 | PSE | | - | |
| after § 31 | 5 | PSE | | - | |
| after § 42 | 3 | PSE | | - | |
| § 43 | 1 | ALDE | | - | |
| recital F | § | original text | sep | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

§

original text

original text

sep

+

after § 15

2

PSE

+

after § 26

4

PSE

-

after § 31

5

PSE

-

after § 42

3

PSE

-

§ 43

1

ALDE

-

recital F

§

original text

original text

sep

+

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Requests for separate votes

Requests for separate votes

ALDE: § 3, recital F

18.   Reducing the climate change impact of aviation

Report: Caroline LUCAS (A6-0201/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 4 | § | original text | sep | + | |
| § 6 | 4 | Verts/ALE | EV | - | 268, 323, 33 |
| § | original text | sep | + | |
| § 7 | § | original text | sep | + | |
| § 8 | § | original text | sep | + | |
| § 9 | § | original text | split | | |
| 1 | + | |
| 2/EV | - | 281, 332, 17 |
| after § 10 | 2 | PPE-DE | | + | |
| § 11 | § | original text | sep | + | |
| § 21 | § | original text | sep | + | |
| after § 21 | 3 | PPE-DE + DAVIES | | + | |
| § 22 | § | original text | split | | |
| 1/EV | - | 295, 317, 18 |
| 2/EV | + | 364, 253, 11 |
| § 23 | § | original text | sep | + | |
| § 27 | 1 | GUE/NGL | EV | - | 142, 453, 8 |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 29 | § | original text | sep/EV | - | 270, 331, 23 |
| § 30 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 37 | § | original text | sep | + | |
| vote: resolution (as a whole) | RCV | + | 439, 74, 102 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

§

original text

original text

split

1

+

2

+

§ 4

§

original text

original text

sep

+

§ 6

4

Verts/ALE

EV

-

268, 323, 33

§

original text

original text

sep

+

§ 7

§

original text

original text

sep

+

§ 8

§

original text

original text

sep

+

§ 9

§

original text

original text

split

1

+

2/EV

-

281, 332, 17

after § 10

2

PPE-DE

+

§ 11

§

original text

original text

sep

+

§ 21

§

original text

original text

sep

+

after § 21

3

PPE-DE + DAVIES

+

§ 22

§

original text

original text

split

1/EV

-

295, 317, 18

2/EV

+

364, 253, 11

§ 23

§

original text

original text

sep

+

§ 27

1

GUE/NGL

EV

-

142, 453, 8

§

original text

original text

split

1

+

2

+

§ 29

§

original text

original text

sep/EV

-

270, 331, 23

§ 30

§

original text

original text

split

1

+

2

+

§ 37

§

original text

original text

sep

+

vote: resolution (as a whole)

vote: resolution (as a whole)

RCV

+

439, 74, 102

Requests for separate votes

Requests for separate votes

ALDE: §§ 4, 6, 7, 8, 21, 23 and 29

PSE: § 29

Verts/ALE: §§ 9, 11, 37

Requests for roll-call votes

Requests for roll-call votes

Verts/ALE: final vote

Requests for split votes

Requests for split votes

PPE-DE, PSE, ALDE

§ 22

§ 22

First part:‘Shares the Commission's view ... appropriate approach’

First part:

Second part:‘proposes ... in the ETS;’

Second part:

ALDE

§ 1

§ 1

First part: Paragraph as a whole without the words ‘including regulatory, economic, technological and operational instruments’ and ‘applying the “polluter pays” principle and ensuring full cost internalisation’

First part:

Second part: those words

Second part:

§ 9

§ 9

First part: Paragraph as a whole excluding the words ‘to address this problem’, ‘not only’ and ‘but also the reduction of taxes or other burdens which are obligatory for other transport systems but not for aviation’

First part:

Second part: those words

Second part:

§ 27

§ 27

First part:‘Calls on the Commission to encourage research programmes to improve scientific knowledge on the non-CO2 impacts of aviation’

First part:

2

Second part:‘Calls on the Commission to put forward ... ascent and descent of aircraft’ and ‘and to support ICAO action in developing standards on NOx’

Second part:

§ 30

§ 30

First part: Paragraph as a whole without the words ‘to and’, ‘(if possible also intercontinental flights transiting through EU airspace)’ and ‘stresses that a worldwide emission trading scheme needs to be introduced as soon as possible’

First part:

Second part: those words

Second part:

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Recommendation: Hatzidakis A6-0224/2006

Amendment 1

For: 80

ALDE: Bourlanges

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

PPE-DE: Casini, Cederschiöld, Fjellner, Hökmark, Ibrisagic

PSE: Correia, Leichtfried

UEN: Camre

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 534

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bowles, Budreikaitė, Busk, Cappato, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Blokland, Booth, Clark, Coûteaux, Farage, Karatzaferis, Knapman, Louis, Nattrass, Titford, de Villiers, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mote, Mussolini, Piskorski, Rivera, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leinen, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 16

ALDE: Samuelsen

GUE/NGL: Flasarová, Manolakou, Remek, Toussas

IND/DEM: Grabowski, Krupa, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Kilroy-Silk, Martin Hans-Peter, Romagnoli

PPE-DE: Nicholson

Verts/ALE: van Buitenen

2.   Recommendation: Hatzidakis A6-0224/2006

Resolution

For: 533

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Blokland, Grabowski, Karatzaferis, Krupa, Louis, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski, Železný

NI: Battilocchio, Bobošíková, Borghezio, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Masiel, Piskorski, Rivera, Rutowicz, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Lienemann, Locatelli, McAvan, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 41

GUE/NGL: Figueiredo, Guerreiro, Krarup, Liotard, Manolakou, Meijer, Meyer Pleite, Sjöstedt, Svensson, Toussas

IND/DEM: Batten, Booth, Clark, Coûteaux, Farage, Knapman, Nattrass, Titford, Whittaker, Wise

NI: Allister, Claeys, Dillen, Gollnisch, Helmer, Kilroy-Silk, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mote, Mussolini, Schenardi, Vanhecke

PPE-DE: Nassauer, Radwan

PSE: Leinen

UEN: Camre

Verts/ALE: Schlyter

Abstention: 53

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Guidoni, Kaufmann, Kohlíček, Markov, Maštálka, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Strož, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde

NI: Baco, Kozlík, Romagnoli

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Jackson, Kirkhope, Lauk, McMillan-Scott, Nicholson, Parish, Tannock, Van Orden

Verts/ALE: van Buitenen

3.   Recommendation: Andria A6-0226/2006

Resolution

For: 567

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Catania, Morgantini, Musacchio, Ransdorf, Strož

IND/DEM: Blokland, Grabowski, Karatzaferis, Krupa, Louis, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski, Železný

NI: Battilocchio, Bobošíková, Borghezio, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Masiel, Piskorski, Rivera, Rutowicz, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pinheiro, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Segelström, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 29

GUE/NGL: Toussas

IND/DEM: Batten, Bonde, Booth, Clark, Farage, Knapman, Nattrass, Titford, Whittaker, Wise

NI: Allister, Dillen, Gollnisch, Helmer, Kilroy-Silk, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Mussolini, Schenardi, Vanhecke

UEN: Camre

Verts/ALE: Schlyter

Abstention: 36

GUE/NGL: Brie, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Sjöstedt, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Coûteaux

NI: Baco, Claeys, Kozlík, Romagnoli

PPE-DE: Kamall, Kirkhope

Verts/ALE: van Buitenen

Corrections to votes

Against

Diamanto Manolakou

4.   Report: Wortmann-Kool A6-0217/2006

Amendment 20

For: 261

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Grabowski, Krupa, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Battilocchio, Chruszcz, De Michelis, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, McAvan, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 363

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Farage, Karatzaferis, Knapman, Nattrass, Sinnott, Titford, Whittaker, Wise, Železný

NI: Bobošíková, Borghezio, Claeys, Czarnecki Ryszard, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Mussolini, Piskorski, Romagnoli, Rutowicz, Schenardi, Speroni, Vanhecke

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 13

GUE/NGL: Manolakou, Toussas

IND/DEM: Coûteaux, Louis

NI: Allister, Baco, Dillen, Kilroy-Silk, Kozlík, Rivera

PPE-DE: Gutiérrez-Cortines

UEN: Camre

Verts/ALE: van Buitenen

5.   Report: Wortmann-Kool A6-0217/2006

Amendment 21

For: 279

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Grabowski, Krupa, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Battilocchio, Borghezio, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mussolini, Romagnoli, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Camre

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 354

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Farage, Karatzaferis, Knapman, Nattrass, Sinnott, Titford, Whittaker, Wise, Železný

NI: Bobošíková, Czarnecki Ryszard, Helmer, Masiel, Mote, Piskorski, Rutowicz

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 11

GUE/NGL: Manolakou, Toussas

IND/DEM: Coûteaux, Louis

NI: Allister, Baco, Kilroy-Silk, Kozlík, Rivera

PSE: Grech

Verts/ALE: van Buitenen

6.   Report: Wortmann-Kool A6-0217/2006

Resolution

For: 534

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Kohlíček

IND/DEM: Blokland, Bonde, Grabowski, Karatzaferis, Krupa, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski

NI: Battilocchio, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Dillen, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mussolini, Piskorski, Rivera, Romagnoli, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Peterle, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Veneto, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Against: 89

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Booth, Clark, Farage, Knapman, Nattrass, Titford, Whittaker, Wise

NI: Kilroy-Silk, Martin Hans-Peter, Mote

PPE-DE: Gewalt, Pieper, Sartori

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 16

IND/DEM: Coûteaux, Louis, Železný

NI: Allister, Baco, Helmer, Kozlík

PPE-DE: Cabrnoch, Duchoň, Fajmon, Ouzký, Škottová, Strejček, Vlasák, Zvěřina

Verts/ALE: van Buitenen

7.   Report: Lamassoure A6-0223/2006

Amendment 1

For: 533

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Koch-Mehrin, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

NI: Battilocchio, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Masiel, Mussolini, Piskorski, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pīks, Pinheiro, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 82

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Farage, Grabowski, Karatzaferis, Knapman, Krupa, Nattrass, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Romagnoli, Schenardi, Vanhecke

PPE-DE: Cabrnoch, Duchoň, Fajmon, Nicholson, Ouzký, Seeberg, Škottová, Strejček, Vlasák

UEN: Camre

Abstention: 23

ALDE: Cappato

IND/DEM: Coûteaux, Louis

NI: Baco, Borghezio, Kilroy-Silk, Kozlík, Martin Hans-Peter, Speroni

PPE-DE: Lauk

PSE: Cashman, Evans Robert, Gill, Honeyball, Hughes, Kinnock, McAvan, Martin David, Morgan, Stihler, Willmott, Wynn

Verts/ALE: van Buitenen

Corrections to votes

Abstention

Richard Corbett, Gary Titley

8.   Report: Lamassoure A6-0223/2006

Amendment 5/1

For: 576

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Grabowski, Karatzaferis, Krupa, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Battilocchio, Borghezio, Chruszcz, Czarnecki Ryszard, De Michelis, Giertych, Martin Hans-Peter, Masiel, Mussolini, Piskorski, Rivera, Rutowicz, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 38

ALDE: Lambsdorff

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Coûteaux, Farage, Knapman, Nattrass, Sinnott, Titford, Whittaker, Wise

NI: Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Romagnoli, Schenardi, Vanhecke

PPE-DE: Buzek, Cabrnoch, Duchoň, Fajmon, Ouzký, Seeberg, Škottová, Strejček, Vlasák, Vlasto

Abstention: 25

GUE/NGL: Manolakou, Toussas

IND/DEM: Louis

NI: Allister, Baco, Helmer, Kilroy-Silk, Kozlík

PPE-DE: Zvěřina

PSE: Cashman, Corbett, Evans Robert, Ford, Gill, Honeyball, Hughes, Kinnock, McAvan, Martin David, Morgan, Stihler, Titley, Willmott, Wynn

Verts/ALE: van Buitenen

9.   Report: Lamassoure A6-0223/2006

Amendment 5/2

For: 283

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Markov

NI: Battilocchio, Czarnecki Ryszard, De Michelis, Mussolini, Rutowicz

PPE-DE: Doyle, Fjellner, Grosch, Jackson, Wieland

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, Maňka, Mann Erika, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Vincenzi, Walter, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 328

ALDE: Lambsdorff

GUE/NGL: Adamou, Agnoletto, Brie, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Maštálka, Meijer, Meyer Pleite, Morgantini, Pflüger, Portas, Ransdorf, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wurtz, Zimmer

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Coûteaux, Farage, Grabowski, Karatzaferis, Knapman, Krupa, Louis, Nattrass, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mote, Piskorski, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz

Abstention: 30

GUE/NGL: Aita, Catania, Musacchio, Papadimoulis, Remek, Wagenknecht

NI: Baco, Borghezio, Czarnecki Marek Aleksander, Kilroy-Silk, Kozlík, Martin Hans-Peter, Speroni

PSE: Cashman, Corbett, Evans Robert, Ford, Gill, Honeyball, Hughes, Kinnock, McAvan, Martin David, Morgan, Stihler, Titley, Willmott, Wynn

Verts/ALE: van Buitenen, Schlyter

Corrections to votes

Against

Françoise Grossetête, Henrik Dam Kristensen

Abstention

Christofer Fjellner

10.   Report: Lamassoure A6-0223/2006

Amendment 7

For: 242

ALDE: Degutis, Deprez, Samuelsen

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Grabowski, Karatzaferis, Krupa, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Chruszcz, Giertych, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Marques

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Gierek, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Wiersma, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 390

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Cornillet, Davies, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Blokland, Bonde, Booth, Clark, Coûteaux, Farage, Knapman, Louis, Nattrass, Sinnott, Titford, Whittaker, Wise

NI: Allister, Battilocchio, Bobošíková, Borghezio, Claeys, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mölzer, Mote, Piskorski, Rivera, Romagnoli, Rutowicz, Schenardi, Speroni, Vanhecke

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Cashman, Corbett, Evans Robert, Ford, Geringer de Oedenberg, Gill, Hedh, Hedkvist Petersen, Honeyball, Ilves, Kinnock, Martin David, Morgan, Segelström, Skinner, Stihler, Titley, Westlund, Willmott, Wynn

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Schlyter

Abstention: 7

NI: Baco, Kilroy-Silk, Kozlík

PSE: Hughes, McAvan

Verts/ALE: van Buitenen, Smith

Corrections to votes

Against

Linda McAvan

Abstention

Eva-Britt Svensson, Jonas Sjöstedt

11.   Report: Muscat A6-0170/2006

Amendment 6

For: 345

ALDE: Alvaro, Andrejevs, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cocilovo, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Blokland, Bonde, Karatzaferis

NI: Battilocchio, Claeys, De Michelis, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Karas, Rübig, Schierhuber, Seeber, Vernola

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Camre, Didžiokas

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 287

ALDE: Andria

GUE/NGL: Adamou, Manolakou, Toussas, Triantaphyllides

IND/DEM: Batten, Booth, Clark, Coûteaux, Farage, Grabowski, Knapman, Krupa, Nattrass, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 9

ALDE: Harkin

IND/DEM: Louis

NI: Baco, Borghezio, Kilroy-Silk, Kozlík, Rivera

PPE-DE: Korhola

Verts/ALE: van Buitenen

Corrections to votes

For

Reinhard Rack, Hubert Pirker

12.   Report: Lucas A6-0201/2006

Resolution

For: 439

ALDE: Andrejevs, Attwooll, Bowles, Busk, Cappato, Davies, Drčar Murko, Duff, Ek, Hall, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Ludford, Lynne, Manders, Matsakis, Nicholson of Winterbourne, Prodi, Resetarits, Ries, Samuelsen, Susta, Toia, Veraldi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Guidoni, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Rizzo, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wagenknecht, Wurtz, Zimmer

IND/DEM: Blokland, Bonde, Coûteaux, Karatzaferis, Louis

NI: Battilocchio, Borghezio, Czarnecki Marek Aleksander, Czarnecki Ryszard, De Michelis, Martin Hans-Peter, Masiel, Mussolini, Piskorski, Rivera, Rutowicz

PPE-DE: Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Dombrovskis, Doorn, Dover, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fatuzzo, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Higgins, Hoppenstedt, Hudacký, Iturgaiz Angulo, Jackson, Járóka, Jeggle, Kaczmarek, Karas, Kasoulides, Kelam, Kirkhope, Klaß, Klich, Koch, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Landsbergis, Langen, Langendries, Lauk, Lechner, Liese, López-Istúriz White, Lulling, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pīks, Pinheiro, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Seeberg, Siekierski, Silva Peneda, Sommer, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Batzeli, Beglitis, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Capoulas Santos, Carlotti, Casaca, Castex, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Golik, Gomes, Gottardi, Grabowska, Gurmai, Guy-Quint, Hamon, Harangozó, Hasse Ferreira, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kristensen, Kuc, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lienemann, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Rocard, Rosati, Rothe, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Szejna, Tabajdi, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Westlund, Yañez-Barnuevo García, Zani

UEN: Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 74

ALDE: Alvaro, Andria, Birutis, Bourlanges, Chatzimarkakis, Degutis, Deprez, Dičkutė, Griesbeck, Klinz, Krahmer, Lambsdorff, Neyts-Uyttebroeck, Riis-Jørgensen, Takkula, Virrankoski

IND/DEM: Batten, Booth, Clark, Grabowski, Krupa, Piotrowski, Rogalski, Titford, Tomczak, Whittaker, Wise, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Giertych, Helmer, Kilroy-Silk, Mote, Wojciechowski Bernard Piotr

PPE-DE: Berend, Brok, Cabrnoch, del Castillo Vera, Cederschiöld, Duchoň, Fajmon, Ferber, Fjellner, Friedrich, Hökmark, Ibrisagic, Itälä, Jarzembowski, Kauppi, Klamt, Konrad, Lehne, Ouzký, Pack, Pieper, Quisthoudt-Rowohl, Radwan, Škottová, Strejček, Vlasák, Weber Manfred, von Wogau, Zvěřina

PSE: Groote, Hänsch, Haug, Stockmann, Vincenzi, Walter, Weiler

UEN: Zīle

Abstention: 102

ALDE: Beaupuy, Budreikaitė, Cocilovo, Fourtou, Geremek, Gibault, Guardans Cambó, Harkin, Hennis-Plasschaert, in 't Veld, Koch-Mehrin, Kułakowski, Laperrouze, Lax, Maaten, Mulder, Newton Dunn, Pannella, Polfer, Savi, Schuth, Starkevičiūtė, Sterckx, Szent-Iványi, Väyrynen, Van Hecke

GUE/NGL: Adamou, Figueiredo, Manolakou, Remek, Toussas, Triantaphyllides

IND/DEM: Sinnott

NI: Baco, Claeys, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Bradbourn, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Doyle, Hannan, Hatzidakis, Jałowiecki, Jordan Cizelj, Korhola, Lamassoure, Lewandowski, McGuinness, Pirker, Rack, Reul, Schwab, Seeber, Sonik

PSE: Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Calabuig Rull, Carnero González, Cashman, Corbett, Díez González, Dobolyi, Dührkop Dührkop, García Pérez, Goebbels, Grech, Gruber, Honeyball, Hughes, Laignel, McAvan, Mann Erika, Moreno Sánchez, Morgan, Riera Madurell, Skinner, Sornosa Martínez, Stihler, Swoboda, Tarabella, Titley, Wiersma, Willmott, Wynn, Zingaretti

UEN: Kamiński

Verts/ALE: van Buitenen

Corrections to votes

For

Karin Riis-Jørgensen

Abstention

Paul Rübig, Robert Evans, Othmar Karas, Joseph Muscat, Agnes Schierhuber, Jim Higgins, Gay Mitchell

---

TEXTS ADOPTED

P6_TA(2006)0281

Transnational organised crime (the smuggling of migrants) *

European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Council draft (8174/2006), |
| --- | --- |

—

having regard to the Council draft (8174/2006),

| — | having regard to the amended Commission proposal to the Council (COM(2005)0503) (1), |
| --- | --- |

—

having regard to the amended Commission proposal to the Council (COM(2005)0503) (1),

| — | having regard to its position of 13 January 2004 (2), |
| --- | --- |

—

having regard to its position of 13 January 2004 (2),

| — | having regard to Articles 62(2) and 63(3), 66, 179 and 181a, in conjunction with Article 300(2), first subparagraph, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 62(2) and 63(3), 66, 179 and 181a, in conjunction with Article 300(2), first subparagraph, of the EC Treaty,

| — | having been reconsulted by the Council pursuant to Article 300(3), first paragraph, of the EC Treaty (C6-0129/2006), |
| --- | --- |

—

having been reconsulted by the Council pursuant to Article 300(3), first paragraph, of the EC Treaty (C6-0129/2006),

| — | having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0215/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0215/2006);

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

1.

Approves the conclusion of the protocol;

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

2.

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

---

(1)  Not yet published in the OJ.

(2)  OJ C 92 E, 16.4.2004, p. 75.

P6_TA(2006)0282

Transnational organised crime (trafficking in persons) *

European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Council draft (8174/2006), |
| --- | --- |

—

having regard to the Council draft (8174/2006),

| — | having regard to the amended Commission proposal to the Council (COM(2005)0503) (1), |
| --- | --- |

—

having regard to the amended Commission proposal to the Council (COM(2005)0503) (1),

| — | having regard to its position of 13 January 2004 (2), |
| --- | --- |

—

having regard to its position of 13 January 2004 (2),

| — | having regard to Articles 62(2), 63(3), 66, 179 and 181a in conjunction with Article 300(2), first subparagraph, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 62(2), 63(3), 66, 179 and 181a in conjunction with Article 300(2), first subparagraph, of the EC Treaty,

| — | having been reconsulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty (C6-0130/2006), |
| --- | --- |

—

having been reconsulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty (C6-0130/2006),

| — | having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/2006);

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

1.

Approves the conclusion of the protocol;

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

2.

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

---

(1)  Not yet published in the OJ.

(2)  OJ C 92 E, 16.4.2004, p. 75.

P6_TA(2006)0283

Application of the provisions of the Aarhus Convention to EC institutions and bodies ***III

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD))

(Codecision procedure: third reading)

The European Parliament,

| — | having regard to the joint text approved by the Conciliation Committee (PE-CONS 3614/1/2006 — C6-0156/2006), |
| --- | --- |

—

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3614/1/2006 — C6-0156/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0622) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0622) (2),

| — | having regard to its position at second reading (3) on the Council common position (4), |
| --- | --- |

—

having regard to its position at second reading (3) on the Council common position (4),

| — | having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0081) (5), |
| --- | --- |

—

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0081) (5),

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

—

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

| — | having regard to Rule 65 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 65 of its Rules of Procedure,

| — | having regard to the report of its delegation to the Conciliation Committee (A6-0230/2006); |
| --- | --- |

—

having regard to the report of its delegation to the Conciliation Committee (A6-0230/2006);

| 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 to sign the act, once it has been verified that all the procedures have been duly completed, 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 to sign the act, once it has been verified that all the procedures have been duly completed, 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 103 E, 29.4.2004, p. 612.

(2)  Not yet published in OJ.

(3)  Texts Adopted, 18.1.2006, P6_TA(2006)0016.

(4)  OJ C 264, 25.10.2005, p. 18.

(5)  Not yet published in OJ.

P6_TA(2006)0284

Batteries, accumulators and their waste ***III

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a Directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (PE-CONS 3615/4/2006 — C6-0154/2006 — 2003/0282(COD))

(Codecision procedure: third reading)

The European Parliament,

| — | having regard to the joint text approved by the Conciliation Committee (PE-CONS 3615/4/2006 — C6-0154/2006), |
| --- | --- |

—

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3615/4/2006 — C6-0154/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0723) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0723) (2),

| — | having regard to its position at second reading (3) on the Council common position (4), |
| --- | --- |

—

having regard to its position at second reading (3) on the Council common position (4),

| — | having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0017) (5), |
| --- | --- |

—

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0017) (5),

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

—

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

| — | having regard to Rule 65 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 65 of its Rules of Procedure,

| — | having regard to the report of its delegation to the Conciliation Committee (A6-0231/2006); |
| --- | --- |

—

having regard to the report of its delegation to the Conciliation Committee (A6-0231/2006);

| 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 to sign the act, once it has been verified that all the procedures have been duly completed, 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 to sign the act, once it has been verified that all the procedures have been duly completed, 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 104 E, 30.4.2004, p. 354.

(2)  Not yet published in OJ.

(3)  Texts Adopted, 13.12.2005, P6_TA(2005)0495.

(4)  OJ C 264 E, 25.10.2005, p. 1.

(5)  Not yet published in OJ.

P6_TA(2006)0285

European Social Fund ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (9060/4/2006 — C6-0188/2006 — 2004/0165(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9060/4/2006 — C6-0188/2006), |
| --- | --- |

—

having regard to the Council common position (9060/4/2006 — C6-0188/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0493) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0493) (2),

| — | having regard to the amended Commission proposal (COM(2005)0523) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2005)0523) (3),

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0220/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0220/2006);

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

1.

Approves the common position;

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

2.

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

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

3.

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

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 6.7.2005, P6_TA(2005)0281.

(2)  Not yet published in the OJ.

(3)  Not yet published in the OJ.

P6_TA(2006)0286

European Regional Development Fund ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (9059/4/2006 — C6-0187/2006 — 2004/0167(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9059/4/2006 — C6-0187/2006), |
| --- | --- |

—

having regard to the Council common position (9059/4/2006 — C6-0187/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0495) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0495) (2),

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Regional Development (A6-0225/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Regional Development (A6-0225/2006);

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

1.

Approves the common position;

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

2.

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

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

3.

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

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 6.7.2005, P6_TA(2005)0279.

(2)  Not yet published in OJ.

P6_TA(2006)0287

European grouping of territorial co-operation (EGTC) ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (9062/2/2006 — C6-0189/2006 — 2004/0168(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9062/2/2006 — C6-0189/2006), |
| --- | --- |

—

having regard to the Council common position (9062/2/2006 — C6-0189/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0496) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0496) (2),

| — | having regard to the amended Commission proposal (COM(2006)0094) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2006)0094) (3),

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Regional Development (A6-0227/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Regional Development (A6-0227/2006);

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

1.

Approves the common position;

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

2.

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

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

3.

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

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Texts Adopted, 6.7.2005, P6_TA(2005)0280.

(2)  Not yet published in the OJ.

(3)  Not yet published in the OJ.

P6_TA(2006)0288

Service of documents in civil or commercial matters ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0305) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0305) (1),

| — | having regard to Article 251(2) and Articles 61(c) and 67(5), second indent, of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0232/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 61(c) and 67(5), second indent, of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0232/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0024/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0024/2006);

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to submit a codified version of Regulation (EC) No 1348/2000 incorporating the amendments contained herein by way of its revised proposal; |
| --- | --- |

2.

Calls on the Commission to submit a codified version of Regulation (EC) No 1348/2000 incorporating the amendments contained herein by way of its revised proposal;

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

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0126

Position of the European Parliament adopted at first reading on 4 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61, point (c) and the second indent of Article 67(5) thereof,

Having regard to the proposal from the Commission,

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

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

Whereas:

| (1) | On 1 October 2004 the Commission adopted a report on the application of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (3). The report concludes that since its entry into force in 2001, the application of Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Member States, but that nevertheless the application of certain provisions of that Regulation is not fully satisfactory. |
| --- | --- |

(1)

On 1 October 2004 the Commission adopted a report on the application of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (3). The report concludes that since its entry into force in 2001, the application of Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Member States, but that nevertheless the application of certain provisions of that Regulation is not fully satisfactory.

| (2) | The proper functioning of the internal market entails the need to further improve and expedite the transmission and service of judicial and extrajudicial documents in civil or commercial matters for service between the Member States, to simplify the application of certain provisions of Regulation (EC) No 1348/2000 and to improve legal certainty for the applicant and the addressee. |
| --- | --- |

(2)

The proper functioning of the internal market entails the need to further improve and expedite the transmission and service of judicial and extrajudicial documents in civil or commercial matters for service between the Member States, to simplify the application of certain provisions of Regulation (EC) No 1348/2000 and to improve legal certainty for the applicant and the addressee.

| (3) | Regulation (EC) No 1348/2000 should not apply to service of a document on the party's authorised representative in the Member State where the proceedings take place, regardless of the place of residence of that party. |
| --- | --- |

(3)

Regulation (EC) No 1348/2000 should not apply to service of a document on the party's authorised representative in the Member State where the proceedings take place, regardless of the place of residence of that party.

| (4) | The service of a document should be effected as soon as possible, and in any event within one month of receipt by the receiving agency. |
| --- | --- |

(4)

The service of a document should be effected as soon as possible, and in any event within one month of receipt by the receiving agency.

| (5) | The receiving agency should inform the addressee in writing using a standard form that he or she may refuse to accept the document to be served at the time of service or by
  sending
  the document
  to the receiving agency within one week if it is not either in a language which he or she understands or in an official language of the place of service. This rule should also apply to the subsequent service once the addressee has exercised his or her right of refusal. These rules on refusal should also apply to service by diplomatic or consular agents, service by postal services and direct service
  . |
| --- | --- |

(5)

The receiving agency should inform the addressee in writing using a standard form that he or she may refuse to accept the document to be served at the time of service or by
  sending
  the document
  to the receiving agency within one week if it is not either in a language which he or she understands or in an official language of the place of service. This rule should also apply to the subsequent service once the addressee has exercised his or her right of refusal. These rules on refusal should also apply to service by diplomatic or consular agents, service by postal services and direct service
  .

| (6) | The receiving agency should continue to take all necessary steps to serve the document also in cases where it has not been possible to effect service within the month, for example because the defendant has been away from his or her home on holiday or away from his or her office on business. Furthermore, in order to avoid an open-ended obligation for the receiving agency to take steps to serve a document, the transmitting agency should be able to specify a deadline in the standard form after which service is no longer required. |
| --- | --- |

(6)

The receiving agency should continue to take all necessary steps to serve the document also in cases where it has not been possible to effect service within the month, for example because the defendant has been away from his or her home on holiday or away from his or her office on business. Furthermore, in order to avoid an open-ended obligation for the receiving agency to take steps to serve a document, the transmitting agency should be able to specify a deadline in the standard form after which service is no longer required.

| (7) | It should be established that the service of a document can be
  remedied
  through the service on the addressee of a translation of the document. |
| --- | --- |

(7)

It should be established that the service of a document can be
  remedied
  through the service on the addressee of a translation of the document.

| (8) | The date of service of a document should be the date on which it is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant should be that fixed by the law of that Member State.
  Those Member States where this system applies should communicate this to the Commission, which is to publish this information in the Official Journal of the European Union and in the European Judicial Network in civil and commercial matters. |
| --- | --- |

(8)

The date of service of a document should be the date on which it is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant should be that fixed by the law of that Member State.
  Those Member States where this system applies should communicate this to the Commission, which is to publish this information in the Official Journal of the European Union and in the European Judicial Network in civil and commercial matters.

| (9) | In order to facilitate access to justice, costs occasioned by the employment of a judicial officer, official or person competent under the law of the Member State addressed should correspond to a
  single
  fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination.
  The requirement of a single fixed fee should not prejudice the possibility for Member States to fix different fees for different types of service as long as they respect these principles. |
| --- | --- |

(9)

In order to facilitate access to justice, costs occasioned by the employment of a judicial officer, official or person competent under the law of the Member State addressed should correspond to a
  single
  fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination.
  The requirement of a single fixed fee should not prejudice the possibility for Member States to fix different fees for different types of service as long as they respect these principles.

| (10) | Each Member State should be free to effect service
  of documents
  directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent. |
| --- | --- |

(10)

Each Member State should be free to effect service
  of documents
  directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent.

| (11) | Any
  person interested in a judicial proceeding
  may
  effect service
  of documents
  directly through the judicial officers, officials or other competent persons of the Member State addressed
  , where such direct service is permitted under the law of that Member State
  . |
| --- | --- |

(11)

Any
  person interested in a judicial proceeding
  may
  effect service
  of documents
  directly through the judicial officers, officials or other competent persons of the Member State addressed
  , where such direct service is permitted under the law of that Member State
  .

| (12) | The Commission should draw up a manual containing information relevant for the proper application of Regulation (EC) No 1348/2000, which should be published in the European Judicial Network in civil and commercial matters. The Commission and the Member States should do their utmost to ensure that this information is up to date and complete, especially as regards the contact details of receiving and transmitting agencies. |
| --- | --- |

(12)

The Commission should draw up a manual containing information relevant for the proper application of Regulation (EC) No 1348/2000, which should be published in the European Judicial Network in civil and commercial matters. The Commission and the Member States should do their utmost to ensure that this information is up to date and complete, especially as regards the contact details of receiving and transmitting agencies.

| (13) | In calculating the periods and time limits provided for in Regulation (EC) No 1348/2000, Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits
   (4) should apply. |
| --- | --- |

(13)

In calculating the periods and time limits provided for in Regulation (EC) No 1348/2000, Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits
   (4) should apply.

| (14) | Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(14)

Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

| (15) | 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 (5). |
| --- | --- |

(15)

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 (5).

| (16) | The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation. |
| --- | --- |

(16)

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation.

| (17) | Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application, |
| --- | --- |

(17)

Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1348/2000 is hereby amended as follows:

| (1) | The following subparagraph shall be added to Article 1(1):




  ‘It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (“acta iure imperii”).’ |
| --- | --- |

(1)

The following subparagraph shall be added to Article 1(1):

‘It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (“acta iure imperii”).’

| (2) | In Article 4(3), the last sentence shall be replaced by the following:




  ‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’ |
| --- | --- |

(2)

In Article 4(3), the last sentence shall be replaced by the following:

‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’

| (3) | Article 7(2) shall be replaced by the following:
  ‘2.   The
  receiving agency shall take all necessary steps to effect the service of the document
  as soon as possible, and in any event within one month of receipt. If it has not been possible to effect service
  within one month of receipt
  , the receiving agency








  (a) | shall immediately inform the transmitting agency by means of the certificate in the standard form in the Annex, which shall be drawn up under the conditions referred to in Article 10(2)
  ; and |
| --- | --- | --- |

(3)

Article 7(2) shall be replaced by the following:

‘2.   The
  receiving agency shall take all necessary steps to effect the service of the document
  as soon as possible, and in any event within one month of receipt. If it has not been possible to effect service
  within one month of receipt
  , the receiving agency

(a)

shall immediately inform the transmitting agency by means of the certificate in the standard form in the Annex, which shall be drawn up under the conditions referred to in Article 10(2)
  ; and

| (b) | shall continue to take all necessary steps to serve the document, unless indicated otherwise by the transmitting agency, where service seems to be possible within a reasonable period of time
  .’ |
| --- | --- |

(b)

shall continue to take all necessary steps to serve the document, unless indicated otherwise by the transmitting agency, where service seems to be possible within a reasonable period of time
  .’

| (4) | Article 8 is amended as follows:







  (a) | paragraph 1 shall be replaced by the following:
  ‘1.   The receiving agency shall inform the
  addressee, using
  the standard form in the Annex, that he or she may refuse to accept the document to be served at the time of service or by
  sending
  the document
  to the receiving agency
  within one week
  if it is not written in, or
  accompanied by a translation into
  , either of the following
  languages:






  (a) | a language which the addressee understands
  ; or |
| --- | --- | --- | --- |

(4)

Article 8 is amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   The receiving agency shall inform the
  addressee, using
  the standard form in the Annex, that he or she may refuse to accept the document to be served at the time of service or by
  sending
  the document
  to the receiving agency
  within one week
  if it is not written in, or
  accompanied by a translation into
  , either of the following
  languages:

(a)

a language which the addressee understands
  ; or

| (b) | the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected
  .’ |
| --- | --- |

(b)

the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected
  .’

| (b) | the following paragraph 3 shall be added:
  ‘3.   If the addressee has refused to accept the document under the conditions of paragraph 1, the service of the document can be
  remedied
  through the service on the addressee in accordance with the provisions of this Regulation of
  the document accompanied by
  a
  translation into
  a language provided for in paragraph 1.
  In that case, the date of service of the document shall be the date on which the
  document accompanied by the
  translation is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State, a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant shall be the date of service of the initial document
  , determined pursuant to Article 9(2)
  .’ |
| --- | --- |

(b)

the following paragraph 3 shall be added:

‘3.   If the addressee has refused to accept the document under the conditions of paragraph 1, the service of the document can be
  remedied
  through the service on the addressee in accordance with the provisions of this Regulation of
  the document accompanied by
  a
  translation into
  a language provided for in paragraph 1.

In that case, the date of service of the document shall be the date on which the
  document accompanied by the
  translation is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State, a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant shall be the date of service of the initial document
  , determined pursuant to Article 9(2)
  .’

| (5) | Article 9 shall be replaced by the following:
  ‘Article 9
  Date of service
  1.   Without prejudice to Article 8, the date of service of a document shall be the date on which it is served in accordance with the law of the Member State addressed.
  2.   However, where according to the law of a Member State, a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant shall be that fixed by the law of that Member State.’ |
| --- | --- |

(5)

Article 9 shall be replaced by the following:

‘Article 9

Date of service

1.   Without prejudice to Article 8, the date of service of a document shall be the date on which it is served in accordance with the law of the Member State addressed.

2.   However, where according to the law of a Member State, a document shall be served within a particular
  period, the
  date to be taken into account with respect to the applicant shall be that fixed by the law of that Member State.’

| (6) | In Article 10(2), the last sentence shall be replaced by the following:




  ‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’ |
| --- | --- |

(6)

In Article 10(2), the last sentence shall be replaced by the following:

‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’

| (7) | Article 11(2) shall be replaced by the following:


  ‘2.
     
  However, the applicant shall pay or reimburse the costs occasioned by:










  (a) | the employment of a judicial officer or of a person competent under the law of the Member State addressed; |
| --- | --- | --- |

(7)

Article 11(2) shall be replaced by the following:

‘2.
     
  However, the applicant shall pay or reimburse the costs occasioned by:

(a)

the employment of a judicial officer or of a person competent under the law of the Member State addressed;

| (b) | the use of a particular method of service. |
| --- | --- |

(b)

the use of a particular method of service.

Costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State addressed shall correspond to a
  single
  fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination. Member States shall communicate such fixed fees to the Commission.’

| (8) | Article 14 shall be replaced by the following:
  ‘Article 14
  Service by postal services
  Each Member State shall be free to effect service of judicial documents directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent.’ |
| --- | --- |

(8)

Article 14 shall be replaced by the following:

‘Article 14

Service by postal services

Each Member State shall be free to effect service of judicial documents directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent.’

| (9) | Article 15 shall be replaced by the following:
  ‘Article 15
  Direct service


  Any
  person interested in a judicial proceeding
  may
  effect service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed
  , where such direct service is permitted under the law of that Member State
  .’ |
| --- | --- |

(9)

Article 15 shall be replaced by the following:

‘Article 15

Direct service

Any
  person interested in a judicial proceeding
  may
  effect service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed
  , where such direct service is permitted under the law of that Member State
  .’

| (10) | The following Article 15a shall be inserted:
  ‘Article 15a
  Applicable provisions


  1.
     The rules concerning the refusal to accept the document provided for in Article 8 and the rules concerning the date of service provided for in Article 9 shall apply to the means of transmission and service provided for in this section.


  2.
     
  However, for the purposes of Article 8(1):










  (a) | where service is effected in accordance with Article 13, the diplomatic or consular agents shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent to those entities; |
| --- | --- | --- |

(10)

The following Article 15a shall be inserted:

‘Article 15a

Applicable provisions

1.
     The rules concerning the refusal to accept the document provided for in Article 8 and the rules concerning the date of service provided for in Article 9 shall apply to the means of transmission and service provided for in this section.

2.
     
  However, for the purposes of Article 8(1):

(a)

where service is effected in accordance with Article 13, the diplomatic or consular agents shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent to those entities;

| (b) | where service is effected, in accordance with Article 14, the authority or person effecting service shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent to that authority or person.
  ’ |
| --- | --- |

(b)

where service is effected, in accordance with Article 14, the authority or person effecting service shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent to that authority or person.
  ’

| (11) | Article 17 shall be replaced by the following:
  ‘Article 17
  Implementing rules
  The measures necessary for the implementation of this Regulation relating to the updating or making technical amendments to the standard forms set out in the Annex shall be adopted in accordance with the advisory procedure referred to in Article 18(2).’ |
| --- | --- |

(11)

Article 17 shall be replaced by the following:

‘Article 17

Implementing rules

The measures necessary for the implementation of this Regulation relating to the updating or making technical amendments to the standard forms set out in the Annex shall be adopted in accordance with the advisory procedure referred to in Article 18(2).’

| (12) | Article 23 shall be replaced by the following:
  ‘Article 23
  Communication
  and publication


  1.   Member States shall communicate to the Commission the information referred to in Articles 2, 3, 4, 10, 11, 13,
  15
  and 19.


  Member States shall communicate to the Commission if, according to their law, a document shall be served within a particular period as referred to in Articles 8(3) and 9(2).




  2.
     
  The Commission shall publish the information communicated in accordance with paragraph 1 in the Official Journal of the European Union, with the exception of the addresses and other contact details of the agencies and of the central bodies and the geographical areas in which they have jurisdiction.



  3.   The Commission shall draw up and update regularly a
  manual containing
  the information referred to in paragraph 1
  , which shall be available electronically, in particular via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC of 28 May 2001 (6)

  . |
| --- | --- |

(12)

Article 23 shall be replaced by the following:

‘Article 23

Communication
  and publication

1.   Member States shall communicate to the Commission the information referred to in Articles 2, 3, 4, 10, 11, 13,
  15
  and 19.

Member States shall communicate to the Commission if, according to their law, a document shall be served within a particular period as referred to in Articles 8(3) and 9(2).

2.
     
  The Commission shall publish the information communicated in accordance with paragraph 1 in the Official Journal of the European Union, with the exception of the addresses and other contact details of the agencies and of the central bodies and the geographical areas in which they have jurisdiction.

3.   The Commission shall draw up and update regularly a
  manual containing
  the information referred to in paragraph 1
  , which shall be available electronically, in particular via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC of 28 May 2001 (6)

  .

| (13) | Article 24 shall be replaced by the following:




  ‘Article 24




  Review




  No later than 1 June 2011, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, paying special attention to the effectiveness of the bodies designated pursuant to Article 2 and to the practical application of point (c) of Article 3 and Article 9. The report shall be accompanied if need be by proposals for adaptations of this Regulation in line with the evolution of notification systems.’ |
| --- | --- |

(13)

Article 24 shall be replaced by the following:

‘Article 24

Review

No later than 1 June 2011, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, paying special attention to the effectiveness of the bodies designated pursuant to Article 2 and to the practical application of point (c) of Article 3 and Article 9. The report shall be accompanied if need be by proposals for adaptations of this Regulation in line with the evolution of notification systems.’

| (14) | Article 25 shall be replaced by the following:




  ‘Article 25




  Date of application




  The Regulation shall apply from ... (7) with the exception of Article 23 which shall apply from ... (8).




  This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. |
| --- | --- |

(14)

Article 25 shall be replaced by the following:

‘Article 25

Date of application

The Regulation shall apply from ... (7) with the exception of Article 23 which shall apply from ... (8).

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

| (15) | The Annex shall be replaced by the Annex to this Regulation. |
| --- | --- |

(15)

The Annex shall be replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on [...].

This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 88, 11.4.2006, p. 7.

1

(2)  Position of the European Parliament of 4 July 2006.

2

Position of the European Parliament of 4 July 2006.

(3)  OJ L 160, 30.6.2000, p. 37.

3

(4)  OJ L 124, 8.6.1971, p. 1.

4

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

5

(6)  

  OJ L 174, 27.6.2001, p. 25

  .’

6

OJ L 174, 27.6.2001, p. 25

(7)  
  Twelve months after the adoption of this Regulation.

7

Twelve months after the adoption of this Regulation.

(8)  
  Nine months after the adoption of this Regulation.’

8

Nine months after the adoption of this Regulation.’

ANNEX

REQUEST FOR SERVICE OF DOCUMENTS

(Article 4(3) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (1))

Reference No: ...

1.   TRANSMITTING AGENCY

| 1.1. | Identity: |
| --- | --- |

1.1.

Identity:

| 1.2. | Address:






  1.2.1. | Street and number/PO box: |
| --- | --- | --- |

1.2.

Address:

1.2.1.

Street and number/PO box:

| 1.2.2. | Place and code: |
| --- | --- |

1.2.2.

Place and code:

| 1.2.3. | Country: |
| --- | --- |

1.2.3.

Country:

| 1.3. | Tel: |
| --- | --- |

1.3.

Tel:

| 1.4. | Fax (2): |
| --- | --- |

1.4.

Fax (2):

| 1.5. | E-mail (2): |
| --- | --- |

1.5.

E-mail (2):

2.   RECEIVING AGENCY

| 2.1. | Identity: |
| --- | --- |

2.1.

Identity:

| 2.2. | Address:






  2.2.1. | Street and number/PO box: |
| --- | --- | --- |

2.2.

Address:

2.2.1.

Street and number/PO box:

| 2.2.2. | Place and code: |
| --- | --- |

2.2.2.

Place and code:

| 2.2.3. | Country: |
| --- | --- |

2.2.3.

Country:

| 2.3. | Tel: |
| --- | --- |

2.3.

Tel:

| 2.4. | Fax (2): |
| --- | --- |

2.4.

Fax (2):

| 2.5. | E-mail (2): |
| --- | --- |

2.5.

E-mail (2):

3.   APPLICANT

| 3.1. | Identity: |
| --- | --- |

3.1.

Identity:

| 3.2. | Address:






  3.2.1. | Street and number/PO box: |
| --- | --- | --- |

3.2.

Address:

3.2.1.

Street and number/PO box:

| 3.2.2. | Place and code: |
| --- | --- |

3.2.2.

Place and code:

| 3.2.3. | Country: |
| --- | --- |

3.2.3.

Country:

| 3.3. | Tel (2): |
| --- | --- |

3.3.

Tel (2):

| 3.4. | Fax (2): |
| --- | --- |

3.4.

Fax (2):

| 3.5. | E-mail (2): |
| --- | --- |

3.5.

E-mail (2):

4.   ADDRESSEE

| 4.1. | Identity: |
| --- | --- |

4.1.

Identity:

| 4.2. | Address:






  4.2.1. | Street and number/PO box: |
| --- | --- | --- |

4.2.

Address:

4.2.1.

Street and number/PO box:

| 4.2.2. | Place and code: |
| --- | --- |

4.2.2.

Place and code:

| 4.2.3. | Country: |
| --- | --- |

4.2.3.

Country:

| 4.3. | Tel (2): |
| --- | --- |

4.3.

Tel (2):

| 4.4. | Fax (2): |
| --- | --- |

4.4.

Fax (2):

| 4.5. | E-mail (2): |
| --- | --- |

4.5.

E-mail (2):

| 4.6. | Identification number/social security number/organisation number/or equivalent (2): |
| --- | --- |

4.6.

Identification number/social security number/organisation number/or equivalent (2):

5.   METHOD OF SERVICE

| 5.1. | In accordance with the law of the Member State addressed |
| --- | --- |

5.1.

In accordance with the law of the Member State addressed

| 5.2. | By the following particular method:






  5.2.1. | If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law:






  5.2.1.1. | yes |
| --- | --- | --- | --- |

5.2.

By the following particular method:

5.2.1.

If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law:

5.2.1.1.

yes

| 5.2.1.2. | no |
| --- | --- |

5.2.1.2.

no

6.   DOCUMENT TO BE SERVED

| (a) | 6.1. | Nature of the document






  6.1.1. | judicial






  6.1.1.1. | writ of summons |
| --- | --- | --- | --- | --- |

(a)

6.1.

Nature of the document

6.1.1.

judicial

6.1.1.1.

writ of summons

| 6.1.1.2. | judgment |
| --- | --- |

6.1.1.2.

judgment

| 6.1.1.3. | appeal |
| --- | --- |

6.1.1.3.

appeal

| 6.1.1.4. | other |
| --- | --- |

6.1.1.4.

other

| 6.1.2. | extrajudicial |
| --- | --- |

6.1.2.

extrajudicial

| (b) | 6.2. | Date or time limit
  after which the service is no longer required



  (day) ... (month) ... (year) ... |
| --- | --- | --- |

(b)

6.2.

Date or time limit
  after which the service is no longer required

| (c) | 6.3. | Language of document:






  6.3.1. | original ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV, others: |
| --- | --- | --- | --- |

(c)

6.3.

Language of document:

6.3.1.

original ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV, others:

| 6.3.2. | translation (2) ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV, others: |
| --- | --- |

6.3.2.

translation (2) ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV, others:

| 6.4. | Number of enclosures: |
| --- | --- |

6.4.

Number of enclosures:

7.   A COPY OF DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 4(5) of the Regulation)

| 7.1. | Yes (in this case send two copies of the document to be served) |
| --- | --- |

7.1.

Yes (in this case send two copies of the document to be served)

| 7.2. | No |
| --- | --- |

7.2.

No

| 1. | You are required by Article 7(2) of the Regulation to effect all steps required for service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible for you to effect service
  within one month of receipt
  , you must inform this agency by means of the certificate provided for in point 13. |
| --- | --- |

1.

You are required by Article 7(2) of the Regulation to effect all steps required for service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible for you to effect service
  within one month of receipt
  , you must inform this agency by means of the certificate provided for in point 13.

| 2. | If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 6(2) of the Regulation to contact this agency by the swiftest possible means in order to secure the missing information or document. |
| --- | --- |

2.

If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 6(2) of the Regulation to contact this agency by the swiftest possible means in order to secure the missing information or document.

Done at:

Date:

Signature and/or stamp:

Reference No of the transmitting agency:

Reference No of the receiving agency:

ACKNOWLEDGEMENT OF RECEIPT

(Article 6(1) of Council Regulation (EC) No 1348/2000)

This acknowledgement must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.

8.   DATE OF RECEIPT

Done at:

Date:

Signature and/or stamp:

Reference No of the transmitting agency:

Reference No of the receiving agency:

NOTICE OF RETURN OF REQUEST AND DOCUMENT

(Article 6(3) of Council Regulation (EC) No 1348/2000)

The request and document must be returned on receipt.

9.   REASON FOR RETURN

| 9.1. | The request is manifestly outside the scope of the Regulation:






  9.1.1. | the document is not civil or commercial |
| --- | --- | --- |

9.1.

The request is manifestly outside the scope of the Regulation:

9.1.1.

the document is not civil or commercial

| 9.1.2. | the service is not from one Member State to another Member State |
| --- | --- |

9.1.2.

the service is not from one Member State to another Member State

| 9.2. | Non-compliance with formal conditions required makes service impossible:






  9.2.1. | the document is not easily legible |
| --- | --- | --- |

9.2.

Non-compliance with formal conditions required makes service impossible:

9.2.1.

the document is not easily legible

| 9.2.2. | the language used to complete the form is incorrect |
| --- | --- |

9.2.2.

the language used to complete the form is incorrect

| 9.2.3. | the document received is not a true and faithful copy |
| --- | --- |

9.2.3.

the document received is not a true and faithful copy

| 9.2.4. | other (please give details): |
| --- | --- |

9.2.4.

other (please give details):

| 9.3. | The method of service is incompatible with the law of that Member State (Article 7(1) of the Regulation) |
| --- | --- |

9.3.

The method of service is incompatible with the law of that Member State (Article 7(1) of the Regulation)

Done at:

Date:

Signature and/or stamp:

Reference No of the transmitting agency:

Reference No of the receiving agency:

NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY

(Article 6(4) of Council Regulation (EC) No 1348/2000)

The request and document were forwarded on to the following receiving agency, which has territorial jurisdiction to serve it:

| 10.1. | Identity: |
| --- | --- |

10.1.

Identity:

| 10.2. | Address:






  10.2.1. | Street and number/PO box: |
| --- | --- | --- |

10.2.

Address:

10.2.1.

Street and number/PO box:

| 10.2.2. | Place and code: |
| --- | --- |

10.2.2.

Place and code:

| 10.2.3. | Country: |
| --- | --- |

10.2.3.

Country:

| 10.3. | Tel: |
| --- | --- |

10.3.

Tel:

| 10.4. | Fax (2): |
| --- | --- |

10.4.

Fax (2):

| 10.5. | E-mail (2): |
| --- | --- |

10.5.

E-mail (2):

Done at:

Date:

Signature and/or stamp:

Reference No of the transmitting agency:

Reference No of the appropriate receiving agency:

NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY

(Article 6(4) of Council Regulation (EC) No 1348/2000)

This notice must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.

11.   DATE OF RECEIPT

Done at:

Date:

Signature and/or stamp:

INFORMATION OF THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT A DOCUMENT

(Article 8(1) of Council Regulation (EC) No 1348/2000)

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Reference No of the transmitting agency:

Reference No of the receiving agency:

CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS

(Article 10 of Council Regulation (EC) No 1348/2000)

The service shall be effected as soon as
  possible. If
  it has not been possible to effect service
  within one month of receipt
  , the receiving agency shall inform the transmitting agency (according to Article 7(2) of the Regulation)

12.   COMPLETION OF SERVICE

| (a) | 12.1. | Date and address of service: |
| --- | --- | --- |

(a)

12.1.

Date and address of service:

| (b) | 12.2. | The document was






  (A) | 12.2.1. | served in accordance with the law of the Member State addressed, namely






  12.2.1.1. | handed to






  12.2.1.1.1. | the addressee in person |
| --- | --- | --- | --- | --- | --- | --- |

(b)

12.2.

The document was

(A)

12.2.1.

served in accordance with the law of the Member State addressed, namely

12.2.1.1.

handed to

12.2.1.1.1.

the addressee in person

| 12.2.1.1.2. | another person






  12.2.1.1.2.1. | Name: |
| --- | --- | --- |

12.2.1.1.2.

another person

12.2.1.1.2.1.

Name:

| 12.2.1.1.2.2. | Address:






  12.2.1.1.2.2.1. | Street and number/PO box: |
| --- | --- | --- |

12.2.1.1.2.2.

Address:

12.2.1.1.2.2.1.

Street and number/PO box:

| 12.2.1.1.2.2.2. | Place and code: |
| --- | --- |

12.2.1.1.2.2.2.

Place and code:

| 12.2.1.1.2.2.3. | Country: |
| --- | --- |

12.2.1.1.2.2.3.

Country:

| 12.2.1.1.2.3. | Relation to the addressee:
  family employee others |
| --- | --- |

12.2.1.1.2.3.

Relation to the addressee:

family employee others

| 12.2.1.1.3. | the addressee's address |
| --- | --- |

12.2.1.1.3.

the addressee's address

| 12.2.1.2. | served by post






  12.2.1.2.1. | without acknowledgement of receipt |
| --- | --- | --- |

12.2.1.2.

served by post

12.2.1.2.1.

without acknowledgement of receipt

| 12.2.1.2.2. | with the enclosed acknowledgement of receipt






  12.2.1.2.2.1. | from the addressee |
| --- | --- | --- |

12.2.1.2.2.

with the enclosed acknowledgement of receipt

12.2.1.2.2.1.

from the addressee

| 12.2.1.2.2.2. | another person






  12.2.1.2.2.2.1. | Name: |
| --- | --- | --- |

12.2.1.2.2.2.

another person

12.2.1.2.2.2.1.

Name:

| 12.2.1.2.2.2.2. | Address






  12.2.1.2.2.2.2.1. | Street and number/PO box: |
| --- | --- | --- |

12.2.1.2.2.2.2.

Address

12.2.1.2.2.2.2.1.

Street and number/PO box:

| 12.2.1.2.2.2.2.2. | Place and code: |
| --- | --- |

12.2.1.2.2.2.2.2.

Place and code:

| 12.2.1.2.2.2.2.3. | Country: |
| --- | --- |

12.2.1.2.2.2.2.3.

Country:

| 12.2.1.2.2.2.3. | Relation to the addressee:
  family employee others |
| --- | --- |

12.2.1.2.2.2.3.

Relation to the addressee:

family employee others

| 12.2.1.3. | other method (please say how): |
| --- | --- |

12.2.1.3.

other method (please say how):

| (B) | 12.2.2. | served by the following particular method (please say how): |
| --- | --- | --- |

(B)

12.2.2.

served by the following particular method (please say how):

| (c) | 12.3. | The addressee of the document was informed in writing that he or she may refuse to accept the document if it
  is
  not
  written
  in
  or accompanied by a translation into either a
  language which he or she understands
  or the official language of the place of service
  . |
| --- | --- | --- |

(c)

12.3.

The addressee of the document was informed in writing that he or she may refuse to accept the document if it
  is
  not
  written
  in
  or accompanied by a translation into either a
  language which he or she understands
  or the official language of the place of service
  .

13.   INFORMATION IN ACCORDANCE WITH ARTICLE 7(2)

It was not possible to effect service within one month of receipt.

14.   REFUSAL OF DOCUMENT

The addressee refused to accept the document on account of the language used. The documents are annexed to this certificate.

15.   REASON FOR NON-SERVICE OF DOCUMENT

| 15.1. | Address unknown |
| --- | --- |

15.1.

Address unknown

| 15.2. | Addressee cannot be located |
| --- | --- |

15.2.

Addressee cannot be located

| 15.3. | Document could not be served before the date or time limit stated in point 6.2. |
| --- | --- |

15.3.

Document could not be served before the date or time limit stated in point 6.2.

| 15.4. | Others (please specify): |
| --- | --- |

15.4.

Others (please specify):

The documents are annexed to this certificate.

Done at:

Date:

Signature and/or stamp:

---

(1)  OJ L 160, 30.6.2000, p. 37.

(2)  This item is optional.

P6_TA(2006)0289

ERDF, ESF, Cohesion Fund (general provisions) ***

European Parliament legislative resolution on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (9077/2006 — C6-0192/2006 — 2004/0163(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (9077/2006) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (9077/2006) (1),

| — | having regard to the request for assent submitted by the Council pursuant to Article 161 of the EC Treaty (C6-0192/2006), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 161 of the EC Treaty (C6-0192/2006),

| — | having regard to the European Parliament and Commission statement annexed to this legislative resolution, |
| --- | --- |

—

having regard to the European Parliament and Commission statement annexed to this legislative resolution,

| — | having regard to Rule 75(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 75(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Regional Development and the opinion of the Committee on Employment and Social Affairs (A6-0224/2006); |
| --- | --- |

—

having regard to the recommendation of the Committee on Regional Development and the opinion of the Committee on Employment and Social Affairs (A6-0224/2006);

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

1.

Gives its assent to the proposal for a Council regulation;

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

2.

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

---

(1)  Not yet published in OJ.

ANNEX

EUROPEAN PARLIAMENT AND COMMISSION STATEMENT

Without prejudice to the Interinstitutional Agreement of 17 May 2006 on Budgetary Discipline and Sound Financial Management and to the current rules (2007-2013), the Commission shall, from 2010 onwards, submit to the Budgetary Authority an assessment of how cohesion policy has been implemented over the programming period 2007 to 2013 and shall include therein the consequences of applying the N + 3/N + 2 rule.

P6_TA(2006)0290

Establishment of a Cohesion Fund ***

European Parliament legislative resolution on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (9078/2006 — C6-0191/2006 — 2004/0166(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (9078/2006) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (9078/2006) (1),

| — | having regard to the request for assent submitted by the Council pursuant to Article 161, second paragraph, of the EC Treaty (C6-0191/2006), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 161, second paragraph, of the EC Treaty (C6-0191/2006),

| — | having regard to Rule 75(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 75(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Regional Development (A6-0226/2006); |
| --- | --- |

—

having regard to the recommendation of the Committee on Regional Development (A6-0226/2006);

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

1.

Gives its assent to the proposal for a Council regulation;

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

2.

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

---

(1)  Not yet published in the OJ.

P6_TA(2006)0291

The liner conference block exemption and cabotage and international tramp services *

European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0651) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0651) (1),

| — | having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0046/2006), |
| --- | --- |

—

having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0046/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Transport and Tourism (A6-0217/2006); |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Transport and Tourism (A6-0217/2006);

| 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.

| (3) | The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means.
  However,
  a thorough review of the industry carried out by the Commission
  has
  demonstrated that liner shipping
  is not unique as its cost structure does not differ substantially from that of other industries. There is therefore no evidence that the industry needs to be protected from competition. |
| --- | --- |

(3)

The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means.
  However,
  a thorough review of the industry carried out by the Commission
  has
  demonstrated that liner shipping
  is not unique as its cost structure does not differ substantially from that of other industries. There is therefore no evidence that the industry needs to be protected from competition.

| (3) | The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means.
  A
  thorough review of the industry carried out by the Commission demonstrated that liner shipping
  nowadays is highly competitive and that there is no evidence that the industry should be protected from competition. However, given the current conditions of global competition and the rapid developments, high costs and investment risks associated with the liner shipping industry, the usefulness of information exchanges among stakeholders in this sector is acknowledged. |
| --- | --- |

(3)

The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means.
  A
  thorough review of the industry carried out by the Commission demonstrated that liner shipping
  nowadays is highly competitive and that there is no evidence that the industry should be protected from competition. However, given the current conditions of global competition and the rapid developments, high costs and investment risks associated with the liner shipping industry, the usefulness of information exchanges among stakeholders in this sector is acknowledged.

| (9) | The exclusion from the prohibition of Article 81(1) of the Treaty of purely technical agreements and the procedure for dealing with conflicts of law which may arise are also redundant. Those provisions should therefore also be deleted. |
| --- | --- |

(9)

The exclusion from the prohibition of Article 81(1) of the Treaty of purely technical agreements and the procedure for dealing with conflicts of law which may arise are also redundant. Those provisions should therefore also be deleted.

| (9) | To facilitate transactions in the sector, the guidelines issued pursuant to paragraph 2a of Article 1 will provide guidance on questions concerning technical agreements within the meaning of Article 2 of Regulation (EEC) No 4056/86. |
| --- | --- |

(9)

To facilitate transactions in the sector, the guidelines issued pursuant to paragraph 2a of Article 1 will provide guidance on questions concerning technical agreements within the meaning of Article 2 of Regulation (EEC) No 4056/86.

| (10) | In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety. |
| --- | --- |

(10)

In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety.

| (10) | In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety
  and the end of the liner conference block exemption will take effect after a transitional period of two years from the date of entry into force of this Regulation. |
| --- | --- |

(10)

In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety
  and the end of the liner conference block exemption will take effect after a transitional period of two years from the date of entry into force of this Regulation.

| (10a) | Since enforcement of this Regulation will create a conflict of law as regards the accession of certain Member States to the UNCTAD Code of Conduct for Liner Conferences, it is recommended that the Member States should withdraw from the Code, although they cannot be obliged to do so. In view of this situation, a clear-cut procedure needs to be put in place in order to deal with such conflicts of international law as might arise. After repeal of the provisions of Article 9 of Regulation (EEC) No. 4056/86, the legal basis for the Commission to act on the authority of the Council in this field will be maintained, on the basis of Article 300 of the EC Treaty. |
| --- | --- |

(10a)

Since enforcement of this Regulation will create a conflict of law as regards the accession of certain Member States to the UNCTAD Code of Conduct for Liner Conferences, it is recommended that the Member States should withdraw from the Code, although they cannot be obliged to do so. In view of this situation, a clear-cut procedure needs to be put in place in order to deal with such conflicts of international law as might arise. After repeal of the provisions of Article 9 of Regulation (EEC) No. 4056/86, the legal basis for the Commission to act on the authority of the Council in this field will be maintained, on the basis of Article 300 of the EC Treaty.

| (10b) | In order to provide legal certainty to the liner services sector, the Commission shall, in close cooperation with the stakeholders and after consulting the European Parliament, establish guidelines within the scope of Articles 81 and 82 of the Treaty before the end of the transitional period. |
| --- | --- |

(10b)

In order to provide legal certainty to the liner services sector, the Commission shall, in close cooperation with the stakeholders and after consulting the European Parliament, establish guidelines within the scope of Articles 81 and 82 of the Treaty before the end of the transitional period.

| (11) | Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere
  whilst maintaining
  the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002. |
| --- | --- |

(11)

Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere
  whilst maintaining
  the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002.

| (11) | Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere
  . At the same time,
  the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002,
  will be maintained
  . |
| --- | --- |

(11)

Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere
  . At the same time,
  the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002,
  will be maintained
  .

| (12) | Cabotage and international tramp vessel services have been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the Community competition implementing rules. The lack of effective enforcement powers for those sectors is an anomaly from a regulatory point of view. |
| --- | --- |

(12)

Cabotage and international tramp vessel services have been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the Community competition implementing rules. The lack of effective enforcement powers for those sectors is an anomaly from a regulatory point of view.

deleted

| (12a) | Together with the guidelines, the Commission will present to the European Parliament a transparent overview of the position of third countries (China, USA, Canada, Japan, Singapore and India) as regards the EU's new policy on liner services (acceptance, adjustment, opposition, negative effects, etc.) and their willingness to adapt their own systems. |
| --- | --- |

(12a)

Together with the guidelines, the Commission will present to the European Parliament a transparent overview of the position of third countries (China, USA, Canada, Japan, Singapore and India) as regards the EU's new policy on liner services (acceptance, adjustment, opposition, negative effects, etc.) and their willingness to adapt their own systems.

| (12b) | Since Member States may need to adjust their international commitments in the light of the abolition of the liner conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to liner conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period. |
| --- | --- |

(12b)

Since Member States may need to adjust their international commitments in the light of the abolition of the liner conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to liner conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period.

| (12c) | The UNCTAD code no longer appears to play an important role in the international liner service sector. The need for Member States to denounce the code should not therefore be an obstacle to the revision of the EC competition rules for liner conferences. However, the Commission should investigate thoroughly the commercial and political implications of such denouncement. |
| --- | --- |

(12c)

The UNCTAD code no longer appears to play an important role in the international liner service sector. The need for Member States to denounce the code should not therefore be an obstacle to the revision of the EC competition rules for liner conferences. However, the Commission should investigate thoroughly the commercial and political implications of such denouncement.

| (13a) | Cabotage and international tramp vessel services have, to date, been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the EC competition implementing rules. The lack of effective competition enforcement powers in the cabotage and international tramp service sectors is an anomaly from a regulatory point of view. |
| --- | --- |

(13a)

Cabotage and international tramp vessel services have, to date, been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the EC competition implementing rules. The lack of effective competition enforcement powers in the cabotage and international tramp service sectors is an anomaly from a regulatory point of view.

| (15a) | Prior in particular to the repeal of Article 32 of Regulation (EC) No 1/2003, the amendment of Regulation (EC) No 1/2003 should be accompanied by the adoption of guidelines for the application of Articles 81 and 82 of the Treaty to the tramp services sector, in order to provide legal certainty and to take into account the specific characteristics of the sector, in particular for pooling agreements. The guidelines should be issued in close cooperation with stakeholders and after consulting the European Parliament. |
| --- | --- |

(15a)

Prior in particular to the repeal of Article 32 of Regulation (EC) No 1/2003, the amendment of Regulation (EC) No 1/2003 should be accompanied by the adoption of guidelines for the application of Articles 81 and 82 of the Treaty to the tramp services sector, in order to provide legal certainty and to take into account the specific characteristics of the sector, in particular for pooling agreements. The guidelines should be issued in close cooperation with stakeholders and after consulting the European Parliament.

| (16) | Since Member States may need to adjust their international commitments in the light of the abolition of the conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period, |
| --- | --- |

(16)

Since Member States may need to adjust their international commitments in the light of the abolition of the conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period,

deleted

| (16a) | In this connection, the Commission should examine whether it is necessary to amend or repeal other EC legislation, such as Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences (2) or Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (3)

  . |
| --- | --- |

(16a)

In this connection, the Commission should examine whether it is necessary to amend or repeal other EC legislation, such as Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences (2) or Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (3)

  .

The Commission shall adopt guidelines before the end of the transitional period. The guidelines shall contain, among other things, guidance on the subject matter of Article 2 of Regulation (EEC) No 4056/86, before its repeal.
  Furthermore, the guidelines shall take particular account of the interests of small and medium-sized ship-owners and those operating in specialised trades.

Article 32 of Regulation (EC) No 1/2003
  is deleted.

Article 32 of Regulation (EC) No 1/2003
  shall be repealed
  .

The Commission shall adopt guidelines for the application of Articles 81 and 82 of the Treaty to tramp services before the date on which Article 32 of Regulation (EC) No 1/2003 is repealed.

---

(1)  Not yet published in the OJ.

(2)  

  OJ L 121, 17.5.1979, p. 1



  .

(3)  

  OJ L 378, 31.12.1986, p. 1



  .

P6_TA(2006)0292

Own resources *

European Parliament legislative resolution on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0099) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0099) (1),

| — | having regard to Article 269 of the EC Treaty and to Article 173 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0132/2006), |
| --- | --- |

—

having regard to Article 269 of the EC Treaty and to Article 173 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0132/2006),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2), in particular point 8 thereof, and Declaration No 3 on the review of the financial framework, annexed to that agreement, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2), in particular point 8 thereof, and Declaration No 3 on the review of the financial framework, annexed to that agreement,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Development (A6-0223/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Development (A6-0223/2006);

| 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 Treaty establishing the European Community; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the Treaty establishing the European Community;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

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

5.

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

| (1) | The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore
  appropriate to introduce
  provisions covering specific Member States. |
| --- | --- |

(1)

The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore
  appropriate to introduce
  provisions covering specific Member States.

| (1) | The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore
  unavoidable, for the time being and until a new, fairer and more transparent,system of own resources has been agreed in the review process of 2008/2009, that
  provisions covering specific Member States
  be introduced
  . |
| --- | --- |

(1)

The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore
  unavoidable, for the time being and until a new, fairer and more transparent,system of own resources has been agreed in the review process of 2008/2009, that
  provisions covering specific Member States
  be introduced
  .

| (2) | The Communities' own resources system must ensure adequate resources for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline. |
| --- | --- |

(2)

The Communities' own resources system must ensure adequate resources for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline.

| (2) | The Communities' own resources system must ensure adequate resources
  , characterised by transparency and simplicity
  , for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline. |
| --- | --- |

(2)

The Communities' own resources system must ensure adequate resources
  , characterised by transparency and simplicity
  , for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline.

| (7) | In the interests of transparency and simplicity
  the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %. |
| --- | --- |

(7)

In the interests of transparency and simplicity
  the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %.

| (7) | The European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %. |
| --- | --- |

(7)

The European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %.

| (8a) | The Communities' own resources system should always be taken into consideration when changing the rules related to the Communities' taxation issues (VAT, corporate tax, duties, levies, excise taxes). |
| --- | --- |

(8a)

The Communities' own resources system should always be taken into consideration when changing the rules related to the Communities' taxation issues (VAT, corporate tax, duties, levies, excise taxes).

| (11) | The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied
  , if necessary
  , by appropriate proposals. |
| --- | --- |

(11)

The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied
  , if necessary
  , by appropriate proposals.

| (11) | The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied by appropriate proposals
  , under the conditions laid down in Declaration No 3 on the review of the financial framework, annexed to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

   (3). |
| --- | --- |

(11)

The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied by appropriate proposals
  , under the conditions laid down in Declaration No 3 on the review of the financial framework, annexed to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

   (3).

In the framework of the full, wide-ranging review covering all aspects of EU spending and of resources on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system, accompanied
  , if necessary
  , by appropriate proposals.

In the framework of the full, wide-ranging review covering all aspects of EU spending and of resources on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system, accompanied by appropriate proposals.
  It shall take into account the results of the work conducted jointly by the national parliaments and the European Parliament. In undertaking this review and in drawing up its proposals, the Commission shall take into account the work and recommendations of the European Parliament, in accordance with the terms of Declaration No 3 annexed to the Interinstitutional Agreement of 17 May 2006.

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

(3)  

  OJ C 139, 14.6.2006, p. 1



  .

P6_TA(2006)0293

Crisis of Equitable Life

European Parliament resolution on the crisis of the Equitable Life Assurance Society (2006/2026(INI))

The European Parliament,

| — | having regard to Article 193 of the EC Treaty, |
| --- | --- |

—

having regard to Article 193 of the EC Treaty,

| — | having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1), |
| --- | --- |

—

having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1),

| — | having regard to its decision of 18 January 2006 on setting up a Committee of Inquiry into the crisis of the Equitable life Assurance Society (2), |
| --- | --- |

—

having regard to its decision of 18 January 2006 on setting up a Committee of Inquiry into the crisis of the Equitable life Assurance Society (2),

| — | having regard Rule 176 of its Rules of Procedure, |
| --- | --- |

—

having regard Rule 176 of its Rules of Procedure,

| — | having regard to the interim report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society (A6-0221/2006), |
| --- | --- |

—

having regard to the interim report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society (A6-0221/2006),

| A. | whereas Article 193 of the EC Treaty provides a legal basis for the establishment by the Parliament of a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Community law; whereas this constitutes an important element of the Parliament's supervisory powers, |
| --- | --- |

A.

whereas Article 193 of the EC Treaty provides a legal basis for the establishment by the Parliament of a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Community law; whereas this constitutes an important element of the Parliament's supervisory powers,

| B. | whereas the purpose of a Committee of Inquiry is to look at the existing body of Community legislation and the way in which it has been implemented, either by an institution or a body of the European Communities or by the Member States, and whereas the scope of an inquiry is limited by the mandate of the Committee of Inquiry as well as by primary and secondary Community law, |
| --- | --- |

B.

whereas the purpose of a Committee of Inquiry is to look at the existing body of Community legislation and the way in which it has been implemented, either by an institution or a body of the European Communities or by the Member States, and whereas the scope of an inquiry is limited by the mandate of the Committee of Inquiry as well as by primary and secondary Community law,

| C. | whereas on the basis of a proposal by the Conference of Presidents, the Parliament decided, at its plenary session on 18 January 2006, to set up a Committee of Inquiry to look into the crisis of the Equitable Life Assurance Society, and that the Committee of Inquiry would investigate a large series of related issues and would make any proposals that it deemed necessary in the matter, |
| --- | --- |

C.

whereas on the basis of a proposal by the Conference of Presidents, the Parliament decided, at its plenary session on 18 January 2006, to set up a Committee of Inquiry to look into the crisis of the Equitable Life Assurance Society, and that the Committee of Inquiry would investigate a large series of related issues and would make any proposals that it deemed necessary in the matter,

| D. | whereas the remit of a Committee of Inquiry prevents it from advancing any conclusions arising out of its investigations before it considers its mandate to have been fulfilled; whereas, therefore, it is neither possible nor desirable for the Committee of Inquiry to submit any observations on the various aspects of its mandate at this early stage of its work, |
| --- | --- |

D.

whereas the remit of a Committee of Inquiry prevents it from advancing any conclusions arising out of its investigations before it considers its mandate to have been fulfilled; whereas, therefore, it is neither possible nor desirable for the Committee of Inquiry to submit any observations on the various aspects of its mandate at this early stage of its work,

| E. | whereas the Committee of Inquiry has approved a working document setting out a structured approach and establishing clear lines of action and investigation, |
| --- | --- |

E.

whereas the Committee of Inquiry has approved a working document setting out a structured approach and establishing clear lines of action and investigation,

| F. | whereas the Committee of Inquiry has commissioned external studies under its expertise budget concerning the first three lines of investigation identified in the working document, and is currently awaiting the results, |
| --- | --- |

F.

whereas the Committee of Inquiry has commissioned external studies under its expertise budget concerning the first three lines of investigation identified in the working document, and is currently awaiting the results,

| G. | whereas the issues dealt with by the Committee of Inquiry have a general significance that goes beyond the particular concerns of the European citizens who are directly affected, in particular as regards the adequate functioning of the internal market for insurance products, the correct implementation of Community law and the adequacy of redress mechanisms available to citizens, in particular in cross-border situations where the undertaking concerned is under home-country control, |
| --- | --- |

G.

whereas the issues dealt with by the Committee of Inquiry have a general significance that goes beyond the particular concerns of the European citizens who are directly affected, in particular as regards the adequate functioning of the internal market for insurance products, the correct implementation of Community law and the adequacy of redress mechanisms available to citizens, in particular in cross-border situations where the undertaking concerned is under home-country control,

| H. | whereas the issues dealt with by the Committee of Inquiry may have a general significance for the Solvency II project, in particular for possible future provisions on the rules governing the assets and liabilities of insurance undertakings, matching assets to liabilities, reinsurance arrangements, and the implications of accounting and actuarial policies, |
| --- | --- |

H.

whereas the issues dealt with by the Committee of Inquiry may have a general significance for the Solvency II project, in particular for possible future provisions on the rules governing the assets and liabilities of insurance undertakings, matching assets to liabilities, reinsurance arrangements, and the implications of accounting and actuarial policies,

| I. | whereas the Committee of Inquiry should take into account the investigations already undertaken in the United Kingdom, especially those carried out by Lord Penrose, and should give full consideration to the investigations that are ongoing, such as that of the UK Parliamentary Ombudsman, |
| --- | --- |

I.

whereas the Committee of Inquiry should take into account the investigations already undertaken in the United Kingdom, especially those carried out by Lord Penrose, and should give full consideration to the investigations that are ongoing, such as that of the UK Parliamentary Ombudsman,

| J. | whereas the oral and written evidence submitted and examined by the Committee of Inquiry to date confirms the need to investigate further all the points contained in its mandate by the Parliament in its Decision of 18 January 2006 and to make the necessary proposals, |
| --- | --- |

J.

whereas the oral and written evidence submitted and examined by the Committee of Inquiry to date confirms the need to investigate further all the points contained in its mandate by the Parliament in its Decision of 18 January 2006 and to make the necessary proposals,

| 1. | Encourages the Committee of Inquiry to pursue its work and to implement fully the mandate given by Parliament in its Decision of 18 January 2006 and supports all the actions and initiatives leading to the accomplishment of the mandate; |
| --- | --- |

1.

Encourages the Committee of Inquiry to pursue its work and to implement fully the mandate given by Parliament in its Decision of 18 January 2006 and supports all the actions and initiatives leading to the accomplishment of the mandate;

| 2. | Considers it essential to take into consideration the different reports and investigations carried out in the United Kingdom, in particular the report currently being finalised by the UK Parliamentary Ombudsman, due to be published in November 2006 at the earliest; decides, therefore, to extend the mandate of the Committee of Inquiry by a period of three months in accordance with Rule 176(4) of the Rules of Procedure; |
| --- | --- |

2.

Considers it essential to take into consideration the different reports and investigations carried out in the United Kingdom, in particular the report currently being finalised by the UK Parliamentary Ombudsman, due to be published in November 2006 at the earliest; decides, therefore, to extend the mandate of the Committee of Inquiry by a period of three months in accordance with Rule 176(4) of the Rules of Procedure;

| 3. | Asks the Conference of Presidents and the Bureau to support all measures needed for the Committee of Inquiry to fulfil its mandate, in particular regarding witnesses' expenses, extraordinary meetings or any other technical means, which are duly justified; |
| --- | --- |

3.

Asks the Conference of Presidents and the Bureau to support all measures needed for the Committee of Inquiry to fulfil its mandate, in particular regarding witnesses' expenses, extraordinary meetings or any other technical means, which are duly justified;

| 4. | Asks the Commission to continue to support and assist the work of the Committee of Inquiry, with full respect for the principle of loyal cooperation, providing all the technical and political support possible even where the Commission's action, or lack of action, is the subject of scrutiny; |
| --- | --- |

4.

Asks the Commission to continue to support and assist the work of the Committee of Inquiry, with full respect for the principle of loyal cooperation, providing all the technical and political support possible even where the Commission's action, or lack of action, is the subject of scrutiny;

| 5. | Requires the regulatory and supervisory bodies of the Member States, in particular those of the United Kingdom, Ireland and Germany, to assist the Committee of Inquiry in its tasks and, in particular, to give evidence on the functioning of the exchange of information and cooperation between these authorities; |
| --- | --- |

5.

Requires the regulatory and supervisory bodies of the Member States, in particular those of the United Kingdom, Ireland and Germany, to assist the Committee of Inquiry in its tasks and, in particular, to give evidence on the functioning of the exchange of information and cooperation between these authorities;

| 6. | Requires that the governments and parliaments of Members States, in particular those of the United Kingdom, Ireland and Germany, assist the Committee of Inquiry in its tasks with full respect for the principle of loyal cooperation established in the Treaties. |
| --- | --- |

6.

Requires that the governments and parliaments of Members States, in particular those of the United Kingdom, Ireland and Germany, assist the Committee of Inquiry in its tasks with full respect for the principle of loyal cooperation established in the Treaties.

| 7. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

7.

Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States.

---

(1)  OJ L 113, 19.5.1995, p. 2.

(2)  Texts Adopted, P6_TA(2006)0011.

P6_TA(2006)0294

Consolidation in the European financial services industry

European Parliament resolution on further consolidation in the financial services industry (2006/2081(INI))

The European Parliament,

| — | having regard to the Commission staff working document of 26 October 2005 on cross-border consolidation in the EU financial sector (SEC(2005)1398), |
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having regard to the Commission staff working document of 26 October 2005 on cross-border consolidation in the EU financial sector (SEC(2005)1398),

| — | having regard to the Commission communication of 21 October 2005 on intra-EU investment in the financial services' sector (1), |
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having regard to the Commission communication of 21 October 2005 on intra-EU investment in the financial services' sector (1),

| — | having regard to the Commission communication of 11 May 1999, ‘Implementing the framework for financial markets: action plan’ (FSAP) (COM(1999)0232), |
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—

having regard to the Commission communication of 11 May 1999, ‘Implementing the framework for financial markets: action plan’ (FSAP) (COM(1999)0232),

| — | having regard to the Commission white paper of 1 December 2005 on Financial Services Policy 2005-2010 (COM(2005)0629), |
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—

having regard to the Commission white paper of 1 December 2005 on Financial Services Policy 2005-2010 (COM(2005)0629),

| — | having regard to the Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (2), |
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—

having regard to the Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (2),

| — | having regard to the Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 (3) on a new organisational structure for financial services committees, |
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—

having regard to the Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 (3) on a new organisational structure for financial services committees,

| — | having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (4), |
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—

having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (4),

| — | having regard to Directives of the European Parliament and Council, both of 14 June 2006, 2006/48/EC relating to the take-up and pursuit of the business of credit institutions (recast) (5) (Capital Requirements Directive) and 2006/49/EC on the capital adequacy of investment firms and credit institutions (recast) (6), |
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—

having regard to Directives of the European Parliament and Council, both of 14 June 2006, 2006/48/EC relating to the take-up and pursuit of the business of credit institutions (recast) (5) (Capital Requirements Directive) and 2006/49/EC on the capital adequacy of investment firms and credit institutions (recast) (6),

| — | having regard to its resolution of 28 April 2005 on the current state of integration of EU financial markets (7), |
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—

having regard to its resolution of 28 April 2005 on the current state of integration of EU financial markets (7),

| — | having regard to its resolution of 21 November 2002 on prudential supervision rules in the European Union (8), |
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having regard to its resolution of 21 November 2002 on prudential supervision rules in the European Union (8),

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A6-0170/2006), |
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—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0170/2006),

| A. | whereas the economy of the EU is facing diverse challenges at a global and domestic level, such as intense competition, sluggish economic growth, population ageing and the growth of pension liability, |
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A.

whereas the economy of the EU is facing diverse challenges at a global and domestic level, such as intense competition, sluggish economic growth, population ageing and the growth of pension liability,

| B. | whereas the goal of stable and secure financial markets must be equal to the effort to reduce obstacles to cross-border activities concerning financial activities, |
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B.

whereas the goal of stable and secure financial markets must be equal to the effort to reduce obstacles to cross-border activities concerning financial activities,

| C. | whereas strong, stable and efficient financial markets and institutions are crucial to meeting the financing needs of the EU's various economic actors and to boosting growth and employment, |
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C.

whereas strong, stable and efficient financial markets and institutions are crucial to meeting the financing needs of the EU's various economic actors and to boosting growth and employment,

| D. | whereas a stable and competitive financial services sector enjoys consumer confidence if it is based on a high level of consumer protection, |
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D.

whereas a stable and competitive financial services sector enjoys consumer confidence if it is based on a high level of consumer protection,

| E. | whereas consolidation creates a potential for economies of scale and scope, synergies, and cost efficiencies, and, if coupled with further market integration, can encourage growth and favour investment by fostering the liquidity and efficiency of markets, |
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E.

whereas consolidation creates a potential for economies of scale and scope, synergies, and cost efficiencies, and, if coupled with further market integration, can encourage growth and favour investment by fostering the liquidity and efficiency of markets,

| F. | whereas the role of EU and national policy makers is to set up a regulatory and supervisory framework that stimulates growth; improves the competitiveness of the EU's economy; guarantees a level playing field; safeguards market efficiency, integrity, transparency and the stability of the financial system; and protects depositors, investors and insured persons, |
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F.

whereas the role of EU and national policy makers is to set up a regulatory and supervisory framework that stimulates growth; improves the competitiveness of the EU's economy; guarantees a level playing field; safeguards market efficiency, integrity, transparency and the stability of the financial system; and protects depositors, investors and insured persons,

| G. | whereas consumer needs and diversity of choice between quality products should be the main aim of any policy in this sector, |
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G.

whereas consumer needs and diversity of choice between quality products should be the main aim of any policy in this sector,

| H. | whereas adequate attention should be focused on the opinions and welfare of employees and customers, both of which are important stakeholders in financial institutions undergoing merger and acquisition (M&A) activity, |
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H.

whereas adequate attention should be focused on the opinions and welfare of employees and customers, both of which are important stakeholders in financial institutions undergoing merger and acquisition (M&A) activity,

| I. | whereas unjustifiable national practices and protectionist and discriminatory measures should be tackled because they fragment the market and deprive consumers of the benefits of consolidation, |
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I.

whereas unjustifiable national practices and protectionist and discriminatory measures should be tackled because they fragment the market and deprive consumers of the benefits of consolidation,

General perspectives

| 1. | Considers that consolidation in financial markets is an important market trend, although not the only one, responding to growing competition at EU and global level; |
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1.

Considers that consolidation in financial markets is an important market trend, although not the only one, responding to growing competition at EU and global level;

| 2. | Considers that consolidation in financial markets should not aim to reach a particular number of financial institutions and that it must be proportionate to competition in the financial markets; |
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2.

Considers that consolidation in financial markets should not aim to reach a particular number of financial institutions and that it must be proportionate to competition in the financial markets;

| 3. | Notes that M&A remains the most frequent growth strategy of financial institutions; notes also that, in a modern economy, the effects of consolidation can be achieved in many different ways, such as through commercial alliances between institutions, outsourcing or in-sourcing of back-office operations, back-office cooperation, and the creation of common infrastructures with competitors (e.g. payment clearing and settlement systems); |
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3.

Notes that M&A remains the most frequent growth strategy of financial institutions; notes also that, in a modern economy, the effects of consolidation can be achieved in many different ways, such as through commercial alliances between institutions, outsourcing or in-sourcing of back-office operations, back-office cooperation, and the creation of common infrastructures with competitors (e.g. payment clearing and settlement systems);

| 4. | Welcomes the positive effects of the euro and the FSAP on the integration of wholesale financial markets, on market transparency and liquidity, and on modernising and completing the EU's financial regulatory framework even though not all the consequences of the single currency to the integration of the financial markets have yet been realised; |
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4.

Welcomes the positive effects of the euro and the FSAP on the integration of wholesale financial markets, on market transparency and liquidity, and on modernising and completing the EU's financial regulatory framework even though not all the consequences of the single currency to the integration of the financial markets have yet been realised;

| 5. | Notes that M&A and restructuring activity, which is likely to have a positive effect on competitiveness, is often accompanied by a negative perception of fear of loss of employment, which materialises at times, particularly in certain regions; |
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5.

Notes that M&A and restructuring activity, which is likely to have a positive effect on competitiveness, is often accompanied by a negative perception of fear of loss of employment, which materialises at times, particularly in certain regions;

| 6. | Takes note of the intensive consolidation via cross-border M&A in the new Member States in the last 10 years; in this respect, also recalls the importance of sound and stable financial systems for small economies; |
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6.

Takes note of the intensive consolidation via cross-border M&A in the new Member States in the last 10 years; in this respect, also recalls the importance of sound and stable financial systems for small economies;

| 7. | Recalls that consolidation should not be a political objective per se, but should bring clear benefits to the economy by stimulating growth, encouraging innovation, ensuring competition, improving access to funding, allowing financial institutions to exploit synergies and cost efficiencies, and giving consumers a greater choice and better quality, while ensuring an adequate level of consumer protection; |
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7.

Recalls that consolidation should not be a political objective per se, but should bring clear benefits to the economy by stimulating growth, encouraging innovation, ensuring competition, improving access to funding, allowing financial institutions to exploit synergies and cost efficiencies, and giving consumers a greater choice and better quality, while ensuring an adequate level of consumer protection;

| 8. | Asks for attention to be focused on the effects of consolidation in the financial sector on employment, by restructuring ownership and activities, and by outsourcing in particular; urges the sector to take full social responsibility and to provide for accompanying measures that lead to retraining and qualifying financial institutions' staff to fit in with the Lisbon Strategy goals of becoming a more knowledge-intensive economy; |
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8.

Asks for attention to be focused on the effects of consolidation in the financial sector on employment, by restructuring ownership and activities, and by outsourcing in particular; urges the sector to take full social responsibility and to provide for accompanying measures that lead to retraining and qualifying financial institutions' staff to fit in with the Lisbon Strategy goals of becoming a more knowledge-intensive economy;

| 9. | Believes that the diversity of financial institutions, which better reflects the variety of financing needs of corporate entities, SMEs and consumers, should be preserved and that, therefore, EC legislation should not favour any single type of business model or corporate structure or any single type of product over another; |
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9.

Believes that the diversity of financial institutions, which better reflects the variety of financing needs of corporate entities, SMEs and consumers, should be preserved and that, therefore, EC legislation should not favour any single type of business model or corporate structure or any single type of product over another;

| 10. | Considers that the architecture of financial services at EU level should be such as to guarantee the co-existence of different structures and sizes in order to provide for efficient and competitive players both at international level and within proximity networks; |
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10.

Considers that the architecture of financial services at EU level should be such as to guarantee the co-existence of different structures and sizes in order to provide for efficient and competitive players both at international level and within proximity networks;

| 11. | Believes that the diversity of financial products must be ensured in order to meet the different and shifting needs of consumers; |
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11.

Believes that the diversity of financial products must be ensured in order to meet the different and shifting needs of consumers;

Barriers to cross-border consolidation

| 12. | Notes that due to various obstacles, the level of cross-border consolidation in the financial sector, and in the banking sector in particular, is often less than the level of domestic consolidation in the EU; takes note of the barriers identified in the Commission's survey; |
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12.

Notes that due to various obstacles, the level of cross-border consolidation in the financial sector, and in the banking sector in particular, is often less than the level of domestic consolidation in the EU; takes note of the barriers identified in the Commission's survey;

| 13. | Points out that, within the internal market, economic synergies and cost efficiencies resulting from consolidation should be achievable and should not be hampered by unjustifiable obstacles, such as tax barriers and different supervisory regimes; supports the Commission's intention to tackle these obstacles; notes the difficulties faced by financial institutions willing to achieve cost efficiencies and economies of scale and scope by selling the same or identical products across countries and calls on the Commission to examine these difficulties further; |
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13.

Points out that, within the internal market, economic synergies and cost efficiencies resulting from consolidation should be achievable and should not be hampered by unjustifiable obstacles, such as tax barriers and different supervisory regimes; supports the Commission's intention to tackle these obstacles; notes the difficulties faced by financial institutions willing to achieve cost efficiencies and economies of scale and scope by selling the same or identical products across countries and calls on the Commission to examine these difficulties further;

| 14. | Points out that market participants should take into account their social responsibility during M&A and restructuring activity; also points out that within the process of globalisation, the only way to win the confidence of the citizens of the EU is to enhance a social market economy with more and better jobs; |
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14.

Points out that market participants should take into account their social responsibility during M&A and restructuring activity; also points out that within the process of globalisation, the only way to win the confidence of the citizens of the EU is to enhance a social market economy with more and better jobs;

| 15. | Acknowledges the important role of national supervisors in conducting prudential supervision and safeguarding the soundness of national financial markets and institutions; |
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15.

Acknowledges the important role of national supervisors in conducting prudential supervision and safeguarding the soundness of national financial markets and institutions;

| 16. | Points out that divergent national supervisory practices and standards may reduce market efficiency, increase the operating costs of those financial institutions operating across borders, and thus mitigate the beneficial effects of and ultimately fragmenting the single financial market; |
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16.

Points out that divergent national supervisory practices and standards may reduce market efficiency, increase the operating costs of those financial institutions operating across borders, and thus mitigate the beneficial effects of and ultimately fragmenting the single financial market;

| 17. | Is concerned that financial institutions seeking to develop their strategies at EU level are frequently confronted with costly and time-consuming regulatory and supervisory practices and differing reporting requirements; |
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17.

Is concerned that financial institutions seeking to develop their strategies at EU level are frequently confronted with costly and time-consuming regulatory and supervisory practices and differing reporting requirements;

| 18. | Believes that further convergence of supervisory practices and standards could diminish some of the negative effects of diverging supervisory practices and improve market efficiency; welcomes the progress achieved by the Committee of European Banking Supervisors and encourages its further work; |
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18.

Believes that further convergence of supervisory practices and standards could diminish some of the negative effects of diverging supervisory practices and improve market efficiency; welcomes the progress achieved by the Committee of European Banking Supervisors and encourages its further work;

| 19. | Welcomes the progress attained by Level 3 committees — the Committee of European Banking Supervisors (CEBS), the Committee of European Securities Regulators (CESR) and the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) — in achieving greater supervisory convergence and encourages their further work; |
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19.

Welcomes the progress attained by Level 3 committees — the Committee of European Banking Supervisors (CEBS), the Committee of European Securities Regulators (CESR) and the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) — in achieving greater supervisory convergence and encourages their further work;

| 20. | Notes that the integration on the wholesale markets has been nearly completed and, in particular, that integration on the money markets is far advanced, and that announcements of increases and decreases in interest rates are quickly and well reflected in the market prices; |
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20.

Notes that the integration on the wholesale markets has been nearly completed and, in particular, that integration on the money markets is far advanced, and that announcements of increases and decreases in interest rates are quickly and well reflected in the market prices;

| 21. | Regrets that several tax obstacles, in particular inter-group VAT and the lack of neutrality as well as the lack of legal certainty in the VAT treatment of financial services, diminish and often prevent synergies and cost efficiencies and calls on the Commission to formulate proposals on how to overcome these barriers; |
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21.

Regrets that several tax obstacles, in particular inter-group VAT and the lack of neutrality as well as the lack of legal certainty in the VAT treatment of financial services, diminish and often prevent synergies and cost efficiencies and calls on the Commission to formulate proposals on how to overcome these barriers;

| 22. | Notes that currently, substantial non-recoverable VAT costs in addition to inter-company charges to a large extent limit any possible savings from cross-border consolidation; |
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22.

Notes that currently, substantial non-recoverable VAT costs in addition to inter-company charges to a large extent limit any possible savings from cross-border consolidation;

| 23. | Notes that the current tax treatment of dividends in some Member States favours payouts of domestic rather than EU dividends; |
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23.

Notes that the current tax treatment of dividends in some Member States favours payouts of domestic rather than EU dividends;

| 24. | Believes that further integration of the retail financial markets should bring greater choice of better quality products for consumers and should enable companies to sell their products across borders, without hampering competition within the EU retail financial markets; calls on the Commission to present a clear and concise strategy for integrating retail financial markets; |
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24.

Believes that further integration of the retail financial markets should bring greater choice of better quality products for consumers and should enable companies to sell their products across borders, without hampering competition within the EU retail financial markets; calls on the Commission to present a clear and concise strategy for integrating retail financial markets;

| 25. | Urges the Commission and the financial services industry to discuss further the advantages and disadvantages of the ‘26th regime’ to financial services, which mobile EU citizens may need for their activities in other Member States, so that they are able to use service providers familiar to them and need deal only with a simple standard set of rules; urges the Commission, in particular, to define a legal basis, to secure consumer protection at a high level, and to define the required components of harmonisation and an appropriate supervisory regime; |
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25.

Urges the Commission and the financial services industry to discuss further the advantages and disadvantages of the ‘26th regime’ to financial services, which mobile EU citizens may need for their activities in other Member States, so that they are able to use service providers familiar to them and need deal only with a simple standard set of rules; urges the Commission, in particular, to define a legal basis, to secure consumer protection at a high level, and to define the required components of harmonisation and an appropriate supervisory regime;

| 26. | Believes that the pluralistic structure of the European banking market is an asset to the European economy and should not be called into question; |
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26.

Believes that the pluralistic structure of the European banking market is an asset to the European economy and should not be called into question;

Regulatory and supervisory system

Market structure

| 27. | Notes that levels of market concentration in certain Member States raise concerns regarding the market structure, conduct and behaviour of European banks and other financial institutions; |
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27.

Notes that levels of market concentration in certain Member States raise concerns regarding the market structure, conduct and behaviour of European banks and other financial institutions;

| 28. | Asks that the concentration of financial markets and institutions is scrupulously examined by the Commission and by national competition authorities in compliance with the EC Treaty and the case law of the Court of Justice of the European Communities; |
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28.

Asks that the concentration of financial markets and institutions is scrupulously examined by the Commission and by national competition authorities in compliance with the EC Treaty and the case law of the Court of Justice of the European Communities;

| 29. | Calls on the Commission to ensure that the relevant legislation is consistently implemented by the Member States; |
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29.

Calls on the Commission to ensure that the relevant legislation is consistently implemented by the Member States;

| 30. | Asks the Commission to examine the implications of consolidation in major regional financial centres on the financing of small regions and SMEs; |
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30.

Asks the Commission to examine the implications of consolidation in major regional financial centres on the financing of small regions and SMEs;

Supervision

| 31. | Welcomes the recently adopted EU measures regarding prudential supervision, in particular the Capital Requirements Directive, advancing the home country control principle and considerably changing the current supervisory framework, which now includes new provisions on the cooperation between national competent authorities, supervisory disclosure requirements, and enhanced powers for the consolidating supervisor as regards the validation of risk measurement models; believes that, in the current legislation, this move should be complemented by a clear definition and a well-balanced allocation of powers and responsibilities between home and host country supervisors, without prejudice to the review clauses contained in the directive; |
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31.

Welcomes the recently adopted EU measures regarding prudential supervision, in particular the Capital Requirements Directive, advancing the home country control principle and considerably changing the current supervisory framework, which now includes new provisions on the cooperation between national competent authorities, supervisory disclosure requirements, and enhanced powers for the consolidating supervisor as regards the validation of risk measurement models; believes that, in the current legislation, this move should be complemented by a clear definition and a well-balanced allocation of powers and responsibilities between home and host country supervisors, without prejudice to the review clauses contained in the directive;

| 32. | Notes that the transformation of the corporate structure of some major EU financial groups willing to adopt the SE model might have significant implications on the supervisors concerned; calls on the Commission to monitor the situation and to examine whether there are any implications of the SE model on prudential stability and crisis management structures; |
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32.

Notes that the transformation of the corporate structure of some major EU financial groups willing to adopt the SE model might have significant implications on the supervisors concerned; calls on the Commission to monitor the situation and to examine whether there are any implications of the SE model on prudential stability and crisis management structures;

| 33. | Calls on the Commission to take due account in its proposals of the difficulties experienced by certain national regulators in intervening in markets characterised by a very strong presence of foreign capital; |
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33.

Calls on the Commission to take due account in its proposals of the difficulties experienced by certain national regulators in intervening in markets characterised by a very strong presence of foreign capital;

| 34. | Notes that in highly integrated financial markets, a crisis spilling over national jurisdictions cannot be tackled individually by national authorities; in this respect, considers that the current networks of national supervisors, the supervisory arrangements, and the non-legally binding memoranda of understanding may not be sufficient to face a major crisis caused by a failure of markets or important cross-border financial groups; considers that cooperation and mutual trust between supervisory authorities in a crisis event is crucial and urges the Commission and responsible national authorities to develop jointly appropriate proposals for effective crisis management for the further consideration of the Parliament; |
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34.

Notes that in highly integrated financial markets, a crisis spilling over national jurisdictions cannot be tackled individually by national authorities; in this respect, considers that the current networks of national supervisors, the supervisory arrangements, and the non-legally binding memoranda of understanding may not be sufficient to face a major crisis caused by a failure of markets or important cross-border financial groups; considers that cooperation and mutual trust between supervisory authorities in a crisis event is crucial and urges the Commission and responsible national authorities to develop jointly appropriate proposals for effective crisis management for the further consideration of the Parliament;

| 35. | Considers that the EU's authority in international negotiations, particularly as regards bank supervision, would be reinforced by the clarification of its internal functioning; |
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35.

Considers that the EU's authority in international negotiations, particularly as regards bank supervision, would be reinforced by the clarification of its internal functioning;

| 36. | Notes that the question of the lender of last resort must be resolved in parallel to any further discussions about EU financial supervision; in this respect, stresses that a clear decision on responsibilities is necessary; |
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36.

Notes that the question of the lender of last resort must be resolved in parallel to any further discussions about EU financial supervision; in this respect, stresses that a clear decision on responsibilities is necessary;

| 37. | Notes that the current supervisory system leads to multiple reporting requirements for banks and that, therefore, an important task for all supervisory institutions is to converge the standards; |
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37.

Notes that the current supervisory system leads to multiple reporting requirements for banks and that, therefore, an important task for all supervisory institutions is to converge the standards;

| 38. | Believes that it is high time that the EU institutions, and particularly the Parliament, opened a debate on the structure of supervision of EU financial markets; for this reason, calls for the setting up, by the end of 2006, of a committee of ‘wise persons’ to study — and report back six months after the establishment of the committee — the implications of the consolidation of markets and financial institutions, prudential supervision, financial stability, and crisis management; in this regard, asks the committee to propose concrete ideas regarding the simplification of multiple reporting requirements and the improvement of the current structures, and, ultimately, to reflect on the needs and structures of European financial supervisors; |
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38.

Believes that it is high time that the EU institutions, and particularly the Parliament, opened a debate on the structure of supervision of EU financial markets; for this reason, calls for the setting up, by the end of 2006, of a committee of ‘wise persons’ to study — and report back six months after the establishment of the committee — the implications of the consolidation of markets and financial institutions, prudential supervision, financial stability, and crisis management; in this regard, asks the committee to propose concrete ideas regarding the simplification of multiple reporting requirements and the improvement of the current structures, and, ultimately, to reflect on the needs and structures of European financial supervisors;

*

- *

| 39. | Instructs its President to forward this resolution to the Council and the Commission. |
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39.

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

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(1)  OJ C 293, 25.11.2005, p. 2.

(2)  OJ L 35, 11.2.2003, p. 1.

(3)  OJ L 79, 24.3.2005, p. 9.

(4)  OJ L 294, 10.11.2001, p. 1.

(5)  Not yet published in the OJ.

(6)  Not yet published in the OJ.

(7)  OJ C 45 E, 23.2.2006, p. 140.

(8)  OJ C 25 E, 29.1.2004, p. 394.

P6_TA(2006)0295

Recent developments in and prospects for company law

European Parliament resolution on recent developments and prospects in relation to company law (2006/2051(INI))

The European Parliament,

| — | having regard to the Communication from the Commission to the Council and the European Parliament of 21 May 2003, entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284), |
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—

having regard to the Communication from the Commission to the Council and the European Parliament of 21 May 2003, entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284),

| — | having regard to the Commission's Communication to the spring European Council: Working together for growth and jobs — A new start for the Lisbon Strategy (COM(2005)0024), |
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—

having regard to the Commission's Communication to the spring European Council: Working together for growth and jobs — A new start for the Lisbon Strategy (COM(2005)0024),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Common Actions for Growth and Employment: the Community Lisbon programme’ (COM(2005)0330), |
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—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Common Actions for Growth and Employment: the Community Lisbon programme’ (COM(2005)0330),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Outcome of the screening of legislative proposals pending before the Legislator’ (COM(2005)0462), |
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—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Outcome of the screening of legislative proposals pending before the Legislator’ (COM(2005)0462),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme: a strategy for the simplification of the regulatory environment’ (COM(2005)0535), |
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—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme: a strategy for the simplification of the regulatory environment’ (COM(2005)0535),

| — | having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme — Modern SME policy for growth and employment’ (COM(2005)0551), |
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—

having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme — Modern SME policy for growth and employment’ (COM(2005)0551),

| — | having regard to its resolution of 21 April 2004 on modernising company law and enhancing corporate governance (1), |
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—

having regard to its resolution of 21 April 2004 on modernising company law and enhancing corporate governance (1),

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0229/2006), |
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—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0229/2006),

| A. | whereas the Action Plan proposed in the abovementioned Commission communication of 21 May 2003 (‘the 2003 Action Plan’) defines important objectives for the modernisation of company law and corporate governance, |
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A.

whereas the Action Plan proposed in the abovementioned Commission communication of 21 May 2003 (‘the 2003 Action Plan’) defines important objectives for the modernisation of company law and corporate governance,

| B. | whereas important progress has already been made in the achievement of those objectives, |
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B.

whereas important progress has already been made in the achievement of those objectives,

| C. | whereas, since the 2003 Action Plan has to be seen in the light of the renewed Lisbon Strategy, measures need to be taken in order to provide for company law mechanisms that enhance the efficiency and competitiveness of business across Europe, |
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C.

whereas, since the 2003 Action Plan has to be seen in the light of the renewed Lisbon Strategy, measures need to be taken in order to provide for company law mechanisms that enhance the efficiency and competitiveness of business across Europe,

| D. | whereas improving the competitiveness of European business requires an integrated approach at EU level, |
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D.

whereas improving the competitiveness of European business requires an integrated approach at EU level,

| E. | whereas it is essential to improve the regulatory environment for companies in order to achieve the Lisbon Agenda objectives, |
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E.

whereas it is essential to improve the regulatory environment for companies in order to achieve the Lisbon Agenda objectives,

| F. | whereas a statutorily regulated system of employee participation at the level of undertakings, as found in a large number of Member States, should be seen as forming an integral part of European corporate governance which makes a contribution to achieving the objectives of the Lisbon Strategy, |
| --- | --- |

F.

whereas a statutorily regulated system of employee participation at the level of undertakings, as found in a large number of Member States, should be seen as forming an integral part of European corporate governance which makes a contribution to achieving the objectives of the Lisbon Strategy,

| G. | whereas better regulation is of particular importance for small and medium-sized enterprises (‘SMEs’), |
| --- | --- |

G.

whereas better regulation is of particular importance for small and medium-sized enterprises (‘SMEs’),

| H. | whereas simplification of the company law acquis can be an efficient tool to improve the effectiveness of the legislative framework; whereas, however, simplification does not mean deregulation, |
| --- | --- |

H.

whereas simplification of the company law acquis can be an efficient tool to improve the effectiveness of the legislative framework; whereas, however, simplification does not mean deregulation,

General aspects

| 1. | Calls on the Commission to ensure that the measures aimed at modernisation in the field of company law and corporate governance are consistent with measures in related sectors, such as financial services, industrial policy, social policy and corporate social responsibility; |
| --- | --- |

1.

Calls on the Commission to ensure that the measures aimed at modernisation in the field of company law and corporate governance are consistent with measures in related sectors, such as financial services, industrial policy, social policy and corporate social responsibility;

| 2. | Stresses the importance of taking into account the case-law of the Court of Justice of the European Communities on the principle of freedom of establishment; |
| --- | --- |

2.

Stresses the importance of taking into account the case-law of the Court of Justice of the European Communities on the principle of freedom of establishment;

| 3. | Calls on the Commission to take the European social model into consideration when deciding on further measures for the development of company law; this also involves the participation of employees; |
| --- | --- |

3.

Calls on the Commission to take the European social model into consideration when deciding on further measures for the development of company law; this also involves the participation of employees;

Better regulation and simplification

| 4. | Highlights the importance of better regulation in order to provide a more effective legislative framework; emphasises that it is important to improve the quality of legislation through systematic consultations with stakeholders on all future initiatives, strict compliance with the principle of subsidiarity, choosing instruments that place less of a burden on companies and leave them as much flexibility as possible, and comprehensive impact assessment in respect of any new legislative initiative; |
| --- | --- |

4.

Highlights the importance of better regulation in order to provide a more effective legislative framework; emphasises that it is important to improve the quality of legislation through systematic consultations with stakeholders on all future initiatives, strict compliance with the principle of subsidiarity, choosing instruments that place less of a burden on companies and leave them as much flexibility as possible, and comprehensive impact assessment in respect of any new legislative initiative;

| 5. | Stresses that EC company law directives in force should not be discussed: they should be simplified only in exceptional and duly justified cases, when they are not dealing with very sensitive matters or are not the result of difficult compromises, in order not to have an adverse effect on the companies concerned; |
| --- | --- |

5.

Stresses that EC company law directives in force should not be discussed: they should be simplified only in exceptional and duly justified cases, when they are not dealing with very sensitive matters or are not the result of difficult compromises, in order not to have an adverse effect on the companies concerned;

| 6. | Calls on the Commission to explain in detail the plans to present a complete consolidation of the company law directives in one single act; stresses in this context that priority should be given to the objective of achieving clarity and consistency of the company law acquis within the different areas of company law; calls on the Commission to specify, in particular, which directives would be recast, which repealed, which codified and which modified; |
| --- | --- |

6.

Calls on the Commission to explain in detail the plans to present a complete consolidation of the company law directives in one single act; stresses in this context that priority should be given to the objective of achieving clarity and consistency of the company law acquis within the different areas of company law; calls on the Commission to specify, in particular, which directives would be recast, which repealed, which codified and which modified;

Small and medium-sized enterprises

| 7. | Welcomes the Commission's initiative to create a better regulatory environment for SMEs; |
| --- | --- |

7.

Welcomes the Commission's initiative to create a better regulatory environment for SMEs;

| 8. | Calls on the Commission to examine the SME dimension when assessing the impact of legislative proposals in the field of company law and to ensure that the needs of SMEs are properly and systematically taken into account; |
| --- | --- |

8.

Calls on the Commission to examine the SME dimension when assessing the impact of legislative proposals in the field of company law and to ensure that the needs of SMEs are properly and systematically taken into account;

| 9. | Stresses that, in particular, the barriers faced by SMEs in terms of the administrative burden must be removed; |
| --- | --- |

9.

Stresses that, in particular, the barriers faced by SMEs in terms of the administrative burden must be removed;

| 10. | Asks the Commission to have more regard to the needs of SMEs in future legislative proposals or future revisions of existing legislation; recalls that SMEs are creators of jobs and a motor of economic growth; |
| --- | --- |

10.

Asks the Commission to have more regard to the needs of SMEs in future legislative proposals or future revisions of existing legislation; recalls that SMEs are creators of jobs and a motor of economic growth;

Corporate governance

| 11. | Stresses the importance of developing best practices which respect the different traditions and systems in the Member States; |
| --- | --- |

11.

Stresses the importance of developing best practices which respect the different traditions and systems in the Member States;

| 12. | Notes that the European Corporate Governance Forum and Corporate Governance Advisory Group have been established, and calls on the Commission to keep Parliament regularly informed about the results of the work of those bodies and the decisions taken on the basis of those results; |
| --- | --- |

12.

Notes that the European Corporate Governance Forum and Corporate Governance Advisory Group have been established, and calls on the Commission to keep Parliament regularly informed about the results of the work of those bodies and the decisions taken on the basis of those results;

| 13. | Regrets that the Commission has not developed a clear vision of the governance of European businesses but seems to be taking measures on disparate aspects on an ad hoc basis; reiterates the conclusions of its abovementioned resolution of 21 April 2004 and calls on the Commission to act on them; |
| --- | --- |

13.

Regrets that the Commission has not developed a clear vision of the governance of European businesses but seems to be taking measures on disparate aspects on an ad hoc basis; reiterates the conclusions of its abovementioned resolution of 21 April 2004 and calls on the Commission to act on them;

| 14. | Stresses that corporate governance is not only about the relationship between shareholders and management, but that other stakeholders within the company are also important for a balanced decision-making process and should be able to contribute to decisions on the strategy of companies; points out, in particular, that there should be room for the provision of information to, and consultation of, employees; |
| --- | --- |

14.

Stresses that corporate governance is not only about the relationship between shareholders and management, but that other stakeholders within the company are also important for a balanced decision-making process and should be able to contribute to decisions on the strategy of companies; points out, in particular, that there should be room for the provision of information to, and consultation of, employees;

| 15. | Expresses doubts about the need for a European initiative in the field of the special investigation right of shareholders, since this directly affects the separation of competences between directors, who manage the company, and shareholders, which is a topic typically addressed by national corporate laws; considers, in addition, that any further initiative should be evaluated in the light of the on-going legislative process; points out that the recent proposal for a directive on shareholders' rights already provides for the right to add items to the agenda of the general meeting and to table resolutions; |
| --- | --- |

15.

Expresses doubts about the need for a European initiative in the field of the special investigation right of shareholders, since this directly affects the separation of competences between directors, who manage the company, and shareholders, which is a topic typically addressed by national corporate laws; considers, in addition, that any further initiative should be evaluated in the light of the on-going legislative process; points out that the recent proposal for a directive on shareholders' rights already provides for the right to add items to the agenda of the general meeting and to table resolutions;

| 16. | Stresses the need for involvement of the financial market regulators and supervisors in the development of clear corporate governance rules and recommendations, and for a close coordination of the policies in the field of financial market regulation on the one hand and company law on the other; |
| --- | --- |

16.

Stresses the need for involvement of the financial market regulators and supervisors in the development of clear corporate governance rules and recommendations, and for a close coordination of the policies in the field of financial market regulation on the one hand and company law on the other;

Company law

| 17. | Welcomes the abovementioned proposal of the Commission for a directive of the European Parliament and of the Council on the exercise of voting rights by shareholders of companies having their registered office in a Member State and whose shares are admitted to trading on a regulated market and amending Directive 2004/109/EC (2005/0265(COD)); |
| --- | --- |

17.

Welcomes the abovementioned proposal of the Commission for a directive of the European Parliament and of the Council on the exercise of voting rights by shareholders of companies having their registered office in a Member State and whose shares are admitted to trading on a regulated market and amending Directive 2004/109/EC (2005/0265(COD));

| 18. | Welcomes the agreements reached on the following proposals:






  a) | proposal for a directive of the European Parliament and of the Council amending Council Directive 77/91/EEC as regards the formation of public limited companies and the maintenance and alteration of their capital (2004/0256(COD)); |
| --- | --- | --- |

18.

Welcomes the agreements reached on the following proposals:

a)

proposal for a directive of the European Parliament and of the Council amending Council Directive 77/91/EEC as regards the formation of public limited companies and the maintenance and alteration of their capital (2004/0256(COD));

| b) | proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC concerning the annual accounts of certain types of companies and consolidated accounts (2004/0250(COD)); |
| --- | --- |

b)

proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC concerning the annual accounts of certain types of companies and consolidated accounts (2004/0250(COD));

| 19. | Calls on the Commission to propose measures to enhance the cross-border availability of information regarding the disqualification of directors; |
| --- | --- |

19.

Calls on the Commission to propose measures to enhance the cross-border availability of information regarding the disqualification of directors;

| 20. | States that there is no need for a European initiative in the field of wrongful trading since there are already relevant regulations in the Member States; although those regulations in the Members States may vary, the national differences constitute no obstacle to the internal market; |
| --- | --- |

20.

States that there is no need for a European initiative in the field of wrongful trading since there are already relevant regulations in the Member States; although those regulations in the Members States may vary, the national differences constitute no obstacle to the internal market;

| 21. | Calls on the Commission to submit a proposal for the differentiation of obligations to disclose share-holding levels; would welcome a differentiation which provided for the following percentage steps: 3 %, 5 %, 10 %, 15 % and 20 %, plus a notification obligation for every percentage point above 20 %; notes that the differentiation of disclosure obligations would necessarily improve transparency concerning shareholding; |
| --- | --- |

21.

Calls on the Commission to submit a proposal for the differentiation of obligations to disclose share-holding levels; would welcome a differentiation which provided for the following percentage steps: 3 %, 5 %, 10 %, 15 % and 20 %, plus a notification obligation for every percentage point above 20 %; notes that the differentiation of disclosure obligations would necessarily improve transparency concerning shareholding;

| 22. | Calls on the Commission to lay down clear rules governing transitional periods, i.e. the ‘decent interval’ after which active members of the management board who wish, on leaving the board, to transfer to the supervisory board (in the dualistic system) or the non-executive board (in the monistic system), may do so; notes that these transitional periods must be at least two years; stresses the importance of such transitional periods in preserving the independence of supervisory boards; |
| --- | --- |

22.

Calls on the Commission to lay down clear rules governing transitional periods, i.e. the ‘decent interval’ after which active members of the management board who wish, on leaving the board, to transfer to the supervisory board (in the dualistic system) or the non-executive board (in the monistic system), may do so; notes that these transitional periods must be at least two years; stresses the importance of such transitional periods in preserving the independence of supervisory boards;

| 23. | Calls on the Commission to resolve legislative issues, such as the independence of directors, by legislative means (directives) rather than by recommendations, so that the public and the legislature are involved and the resulting rules reflect actual practice; |
| --- | --- |

23.

Calls on the Commission to resolve legislative issues, such as the independence of directors, by legislative means (directives) rather than by recommendations, so that the public and the legislature are involved and the resulting rules reflect actual practice;

| 24. | Urges the Commission to be alert to conflicts of interests and the disproportional accumulation of information and influence by some large players in the chain of intermediaries and advisors involved in the exercise of shareholders' voting rights in companies, and stresses the need for transparency and fair opportunities for issuers to defend themselves against the undue concentration and coordinated action of shareholder parties; |
| --- | --- |

24.

Urges the Commission to be alert to conflicts of interests and the disproportional accumulation of information and influence by some large players in the chain of intermediaries and advisors involved in the exercise of shareholders' voting rights in companies, and stresses the need for transparency and fair opportunities for issuers to defend themselves against the undue concentration and coordinated action of shareholder parties;

| 25. | Asks for a clear regulatory regime for the disclosure and comparability of information on the individual remuneration of, and remuneration policy for, directors, including elements such as pension schemes and stock-option plans; |
| --- | --- |

25.

Asks for a clear regulatory regime for the disclosure and comparability of information on the individual remuneration of, and remuneration policy for, directors, including elements such as pension schemes and stock-option plans;

| 26. | Calls on the Commission to ensure that companies are given the choice between different governance systems, including the one-tier and two-tier systems, without there being any need to adopt provisions defining the powers and obligations of a company's governing bodies; |
| --- | --- |

26.

Calls on the Commission to ensure that companies are given the choice between different governance systems, including the one-tier and two-tier systems, without there being any need to adopt provisions defining the powers and obligations of a company's governing bodies;

| 27. | Calls on the Commission to examine the possibilities for revision of the rules in the Statute for a European company on the formation of such companies, with a view to simplifying those rules and adjusting them in line with market requirements; |
| --- | --- |

27.

Calls on the Commission to examine the possibilities for revision of the rules in the Statute for a European company on the formation of such companies, with a view to simplifying those rules and adjusting them in line with market requirements;

| 28. | Calls on the Commission to present a proposal on the European private company in order to meet the needs of SMEs; |
| --- | --- |

28.

Calls on the Commission to present a proposal on the European private company in order to meet the needs of SMEs;

| 29. | Strongly deplores the fact that the Commission has already decided to withdraw the two proposals for a regulation on a Statute for a European association (1991/0386(COD)) and for a regulation on a Statute for a European mutual society (1991/0390(COD)) and the two proposals for directives supplementing those Statutes with regard to the involvement of employees (1991/0387(COD) and 1991/0391(COD)); |
| --- | --- |

29.

Strongly deplores the fact that the Commission has already decided to withdraw the two proposals for a regulation on a Statute for a European association (1991/0386(COD)) and for a regulation on a Statute for a European mutual society (1991/0390(COD)) and the two proposals for directives supplementing those Statutes with regard to the involvement of employees (1991/0387(COD) and 1991/0391(COD));

| 30. | Notes, however, that, in its 2003 Action Plan, the Commission announced its intention actively to support the legislative process undertaken in relation to those statutes, in response to the desire expressed by Parliament for significant attention to be given to the development of new legal forms of enterprises; regards those proposals as useful instruments for the development of economic activity throughout Europe by associations and mutual societies; |
| --- | --- |

30.

Notes, however, that, in its 2003 Action Plan, the Commission announced its intention actively to support the legislative process undertaken in relation to those statutes, in response to the desire expressed by Parliament for significant attention to be given to the development of new legal forms of enterprises; regards those proposals as useful instruments for the development of economic activity throughout Europe by associations and mutual societies;

| 31. | Calls on the Commission to submit new proposals for statutes for European mutual societies and European associations; |
| --- | --- |

31.

Calls on the Commission to submit new proposals for statutes for European mutual societies and European associations;

| 32. | Stresses that the transfer of a registered office is today either impossible or hindered by the requirements imposed at national level, that a directive in this area is crucial for freedom of establishment, and that the long-awaited Fourteenth Company Law Directive would fill a lacuna in the system of the internal market for companies; |
| --- | --- |

32.

Stresses that the transfer of a registered office is today either impossible or hindered by the requirements imposed at national level, that a directive in this area is crucial for freedom of establishment, and that the long-awaited Fourteenth Company Law Directive would fill a lacuna in the system of the internal market for companies;

| 33. | Therefore calls on the Commission to present in the near future a proposal concerning the Fourteenth Company Law Directive on the cross-border transfer of the registered office of limited companies; stresses that the transfer of registered offices must not be wrongly used, for example to restrict workers' rights, in particular as regards employee participation in company decisions, or to reduce the protection of creditors; considers, in particular, that safeguarding employees' acquired rights as regards participation in company decisions must be a declared aim of the directive; |
| --- | --- |

33.

Therefore calls on the Commission to present in the near future a proposal concerning the Fourteenth Company Law Directive on the cross-border transfer of the registered office of limited companies; stresses that the transfer of registered offices must not be wrongly used, for example to restrict workers' rights, in particular as regards employee participation in company decisions, or to reduce the protection of creditors; considers, in particular, that safeguarding employees' acquired rights as regards participation in company decisions must be a declared aim of the directive;

| 34. | Calls on the Commission to continue its preparation of Community legislation providing for other legal forms of entrepreneurial organisation, such as the European foundation; |
| --- | --- |

34.

Calls on the Commission to continue its preparation of Community legislation providing for other legal forms of entrepreneurial organisation, such as the European foundation;

| 35. | Recommends that the Commission should further examine whether there is a need to address the problems concerning groups and pyramids, especially with regard to the framework for the transparency of group structures and the special problems relating to pyramid structures; |
| --- | --- |

35.

Recommends that the Commission should further examine whether there is a need to address the problems concerning groups and pyramids, especially with regard to the framework for the transparency of group structures and the special problems relating to pyramid structures;

| 36. | Calls on the Commission to pay greater attention to the issue of delisting and to submit a legislative proposal for future harmonisation at EU level; notes that, while delisting is possible in the Member States, it involves enormous bureaucratic and legal cost for the businesses concerned; calls, therefore, for ‘going private’ to be made possible in future with the minimum of bureaucratic effort, with particular consideration being given to safeguarding the financial interests of the shareholders; |
| --- | --- |

36.

Calls on the Commission to pay greater attention to the issue of delisting and to submit a legislative proposal for future harmonisation at EU level; notes that, while delisting is possible in the Member States, it involves enormous bureaucratic and legal cost for the businesses concerned; calls, therefore, for ‘going private’ to be made possible in future with the minimum of bureaucratic effort, with particular consideration being given to safeguarding the financial interests of the shareholders;

| 37. | Calls on the Commission to involve Parliament more effectively in discussions concerning international and European accounting standards and to reinforce the definition of a European approach based on the best practices and traditions in the Member States, instead of blindly following the traditions of US auditing; stresses again the need for more representatives with a European background in the international standard-setting bodies, in order to legitimate a true international approach; emphasises that regulations on accounting standards have an impact on tax law and business structures; |
| --- | --- |

37.

Calls on the Commission to involve Parliament more effectively in discussions concerning international and European accounting standards and to reinforce the definition of a European approach based on the best practices and traditions in the Member States, instead of blindly following the traditions of US auditing; stresses again the need for more representatives with a European background in the international standard-setting bodies, in order to legitimate a true international approach; emphasises that regulations on accounting standards have an impact on tax law and business structures;

| 38. | Deplores the fact that the International Accounting Standards Board (IASB) lacks democratic control and thus comes to decisions that do not adequately reflect the reality of European companies and fail, for example, to respond to the needs of SMEs; cites by way of example the requirement, laid down in IAS 32, to distinguish in balance sheets between equity and liability, which, in the case of partnerships, has led to significant material problems, such as a distorted portrayal of their creditworthiness; calls on the Commission, therefore, to ensure that greater weight is attached to Parliament's decisions within the IASB; |
| --- | --- |

38.

Deplores the fact that the International Accounting Standards Board (IASB) lacks democratic control and thus comes to decisions that do not adequately reflect the reality of European companies and fail, for example, to respond to the needs of SMEs; cites by way of example the requirement, laid down in IAS 32, to distinguish in balance sheets between equity and liability, which, in the case of partnerships, has led to significant material problems, such as a distorted portrayal of their creditworthiness; calls on the Commission, therefore, to ensure that greater weight is attached to Parliament's decisions within the IASB;

| 39. | Wishes to make it clear that the Commission has no authority to endorse International Financial Reporting Standards for SMEs; |
| --- | --- |

39.

Wishes to make it clear that the Commission has no authority to endorse International Financial Reporting Standards for SMEs;

| 40. | Calls on the Commission to take further steps to keep the company law acquis constantly under review; |
| --- | --- |

40.

Calls on the Commission to take further steps to keep the company law acquis constantly under review;

| 41. | Calls on the Commission to monitor thoroughly the transposition of the company law acquis in the accession countries during the pre-accession period, and to report on the results of that monitoring; |
| --- | --- |

41.

Calls on the Commission to monitor thoroughly the transposition of the company law acquis in the accession countries during the pre-accession period, and to report on the results of that monitoring;

| 42. | Looks forward to the results of the external study commissioned by the Commission on proportionality between ownership and control in EU listed companies, provided that it delivers not only an objective analysis of the empirical and theoretical evidence regarding the effects of the different ownership models in the Member States on economic efficiency, owner-control of companies and the possibilities for cross-border transactions, but also a sound analysis of corporate law as regards the wider economic and legal context in Member States and different models of corporate governance; stresses that due account should be taken of the need for transparency in the structure of control rights; |
| --- | --- |

42.

Looks forward to the results of the external study commissioned by the Commission on proportionality between ownership and control in EU listed companies, provided that it delivers not only an objective analysis of the empirical and theoretical evidence regarding the effects of the different ownership models in the Member States on economic efficiency, owner-control of companies and the possibilities for cross-border transactions, but also a sound analysis of corporate law as regards the wider economic and legal context in Member States and different models of corporate governance; stresses that due account should be taken of the need for transparency in the structure of control rights;

| 43. | Expects that the Commission will, if appropriate make a legislative proposal concerning the principle ‘one share one vote’ only after the outcome of the revision of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (2), as provided for in Article 20 of that directive, and an evaluation of that directive; |
| --- | --- |

43.

Expects that the Commission will, if appropriate make a legislative proposal concerning the principle ‘one share one vote’ only after the outcome of the revision of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (2), as provided for in Article 20 of that directive, and an evaluation of that directive;

| 44. | Asks the Commission to propose measures for greater transparency regarding institutional investors; recalls that transparency is needed with regard to investment policy, voting policy and share ownership, and that such transparency must not be confined to the relationship between funds and single investors; recalls that there should also be certain disclosure obligations incumbent on institutional investors towards the companies in which they are engaged, e.g., with regard to their intentions and the proposed duration of their engagement; |
| --- | --- |

44.

Asks the Commission to propose measures for greater transparency regarding institutional investors; recalls that transparency is needed with regard to investment policy, voting policy and share ownership, and that such transparency must not be confined to the relationship between funds and single investors; recalls that there should also be certain disclosure obligations incumbent on institutional investors towards the companies in which they are engaged, e.g., with regard to their intentions and the proposed duration of their engagement;

| 45. | Calls on the Commission to inform Parliament about the results of the consultation on the future priorities for the 2003 Action Plan, launched by the Commission in December 2005, and to explain in detail the decisions taken by it as a result of the outcome of that consultation; |
| --- | --- |

45.

Calls on the Commission to inform Parliament about the results of the consultation on the future priorities for the 2003 Action Plan, launched by the Commission in December 2005, and to explain in detail the decisions taken by it as a result of the outcome of that consultation;

| 46. | Calls on the Commission to analyse the problems relating to the implementation of the existing legislation in order to take the results of that analysis into consideration when considering new legislative proposals; |
| --- | --- |

46.

Calls on the Commission to analyse the problems relating to the implementation of the existing legislation in order to take the results of that analysis into consideration when considering new legislative proposals;

| 47. | Calls on the Committee on Legal Affairs and the Committee on Economic and Monetary Affairs to follow the work of the Commission; |
| --- | --- |

47.

Calls on the Committee on Legal Affairs and the Committee on Economic and Monetary Affairs to follow the work of the Commission;

*

- *

| 48. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

48.

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

---

(1)  OJ C 104 E, 30.4.2004, p. 714.

(2)  OJ L 142, 30.4.2004, p. 12.

P6_TA(2006)0296

Reducing the climate change impact of aviation

European Parliament resolution on reducing the climate change impact of aviation (2005/2249(INI))

The European Parliament,

| — | having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Reducing the Climate Change Impact of Aviation (COM(2005)0459), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Reducing the Climate Change Impact of Aviation (COM(2005)0459),

| — | having regard to its resolution of 16 November 2005 on Winning the Battle against Climate Change (1), |
| --- | --- |

—

having regard to its resolution of 16 November 2005 on Winning the Battle against Climate Change (1),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Transport and Tourism (A6-0201/2006), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Transport and Tourism (A6-0201/2006),

| A. | whereas the EU is committed to the objective of tackling climate change and has put forward a global goal of limiting global temperature increase to + 2 °C compared to pre-industrialised levels, |
| --- | --- |

A.

whereas the EU is committed to the objective of tackling climate change and has put forward a global goal of limiting global temperature increase to + 2 °C compared to pre-industrialised levels,

| B. | whereas in its abovementioned resolution of 16 November 2005 the European Parliament stated that strong emission reductions — 30 % by 2020 and 60-80 % by 2050 — are to be undertaken by developed countries, |
| --- | --- |

B.

whereas in its abovementioned resolution of 16 November 2005 the European Parliament stated that strong emission reductions — 30 % by 2020 and 60-80 % by 2050 — are to be undertaken by developed countries,

| C. | whereas the contribution of aviation to climate change is substantial and growing rapidly, |
| --- | --- |

C.

whereas the contribution of aviation to climate change is substantial and growing rapidly,

| D. | whereas international aviation is subject to no commitment arising from the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol or from any other international commitment in the area of climate change, |
| --- | --- |

D.

whereas international aviation is subject to no commitment arising from the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol or from any other international commitment in the area of climate change,

| E. | whereas the EU should show leadership in the fight against climate change and, by taking regional and early action, lay down an example of how to tackle aviation's impact on the climate, |
| --- | --- |

E.

whereas the EU should show leadership in the fight against climate change and, by taking regional and early action, lay down an example of how to tackle aviation's impact on the climate,

| 1. | Welcomes the Commission Communication and its recognition that a comprehensive package of measures including regulatory, economic, technological and operational instruments is needed to address all impacts of aviation on the climate, applying the ‘polluter pays’ principle and ensuring full cost internalisation; |
| --- | --- |

1.

Welcomes the Commission Communication and its recognition that a comprehensive package of measures including regulatory, economic, technological and operational instruments is needed to address all impacts of aviation on the climate, applying the ‘polluter pays’ principle and ensuring full cost internalisation;

| 2. | Stresses that the overall objective of the policy instruments chosen must be to reduce, in a cost-effective way, the climate change impact of aviation; these policy instruments must be chosen in such a way as to ensure that the reduction of greenhouse gas emissions is as high as possible while the distortion of competition between Europe based air carriers and carriers from outside the EU is minimised and the unfair competition between the air transport sector and other transport sectors within the EU is reduced; |
| --- | --- |

2.

Stresses that the overall objective of the policy instruments chosen must be to reduce, in a cost-effective way, the climate change impact of aviation; these policy instruments must be chosen in such a way as to ensure that the reduction of greenhouse gas emissions is as high as possible while the distortion of competition between Europe based air carriers and carriers from outside the EU is minimised and the unfair competition between the air transport sector and other transport sectors within the EU is reduced;

| 3. | Stresses that in this respect every kind of unnecessary bureaucratic burden should be excluded, especially in light of the small air carriers that exist on the market; |
| --- | --- |

3.

Stresses that in this respect every kind of unnecessary bureaucratic burden should be excluded, especially in light of the small air carriers that exist on the market;

| 4. | Fully endorses the Commission's intention to pursue the introduction of kerosene taxes, and urges it to begin immediately by requiring a tax on all domestic and intra-EU flights (with the possibility to exempt all carriers on routes on which non-EU carriers operate); calls on the Commission to propose arrangements for their worldwide introduction; |
| --- | --- |

4.

Fully endorses the Commission's intention to pursue the introduction of kerosene taxes, and urges it to begin immediately by requiring a tax on all domestic and intra-EU flights (with the possibility to exempt all carriers on routes on which non-EU carriers operate); calls on the Commission to propose arrangements for their worldwide introduction;

| 5. | Stresses the urgency of achieving results in the ongoing re-negotiations of air service agreements — in particular the agreement with the US — to unconditionally allow for the taxing of fuel supplied to EU and non-EU carriers on an equal basis; |
| --- | --- |

5.

Stresses the urgency of achieving results in the ongoing re-negotiations of air service agreements — in particular the agreement with the US — to unconditionally allow for the taxing of fuel supplied to EU and non-EU carriers on an equal basis;

| 6. | Underlines that the tax exemptions on air transport and other imbalances lead to very unfair competition between aviation and other transport sectors; |
| --- | --- |

6.

Underlines that the tax exemptions on air transport and other imbalances lead to very unfair competition between aviation and other transport sectors;

| 7. | Stresses that this is particularly a burden for the railway sector, because the railway sector is not only covered by taxes but also by the EU Emissions Trading Scheme (ETS), which significantly raises the cost for this environmentally friendly transport system; |
| --- | --- |

7.

Stresses that this is particularly a burden for the railway sector, because the railway sector is not only covered by taxes but also by the EU Emissions Trading Scheme (ETS), which significantly raises the cost for this environmentally friendly transport system;

| 8. | Underlines that this distortion of competition between transport sectors also leads to distortion of competition between tourist regions, to the disadvantage of those regions which are reached mainly by car, bus or railway; |
| --- | --- |

8.

Underlines that this distortion of competition between transport sectors also leads to distortion of competition between tourist regions, to the disadvantage of those regions which are reached mainly by car, bus or railway;

| 9. | Underlines that it is necessary to consider a fair solution for the environmental problems caused by aviation; |
| --- | --- |

9.

Underlines that it is necessary to consider a fair solution for the environmental problems caused by aviation;

| 10. | Encourages the introduction of charges as a step towards full cost internalisation, with the extent of their role, and their magnitude, reflecting the extent to which any emissions trading system falls short of the requirements outlined below; |
| --- | --- |

10.

Encourages the introduction of charges as a step towards full cost internalisation, with the extent of their role, and their magnitude, reflecting the extent to which any emissions trading system falls short of the requirements outlined below;

| 11. | Asks that special attention be paid to the situation of the most isolated territories which are particularly dependent on air transport services, and especially to insular or outermost regions, where alternative solutions are limited, or do not exist; |
| --- | --- |

11.

Asks that special attention be paid to the situation of the most isolated territories which are particularly dependent on air transport services, and especially to insular or outermost regions, where alternative solutions are limited, or do not exist;

| 12. | Welcomes the speech of the then President-in-Office of the European Council and Austrian Chancellor Wolfgang Schüssel in the European Parliament on the 18th January 2006 in which he addressed the issue, and asks the Presidency-in-Office to work on concrete proposals in this area; |
| --- | --- |

12.

Welcomes the speech of the then President-in-Office of the European Council and Austrian Chancellor Wolfgang Schüssel in the European Parliament on the 18th January 2006 in which he addressed the issue, and asks the Presidency-in-Office to work on concrete proposals in this area;

| 13. | Stresses that better air traffic management is urgently needed to reduce CO2 emissions, contrails and cirrus clouds and that this would be a cost-efficient measure; |
| --- | --- |

13.

Stresses that better air traffic management is urgently needed to reduce CO2 emissions, contrails and cirrus clouds and that this would be a cost-efficient measure;

| 14. | Calls for further research efforts in order to enhance our understanding of the full effects of aviation on climate change; considers that it is particularly important to clarify the effects of aircraft contrails (water vapour) as well as to what extent flying at lower altitudes would reduce overall emissions and hence climatic impact, and to assess the heating effect of aerosols emitted in the stratosphere; |
| --- | --- |

14.

Calls for further research efforts in order to enhance our understanding of the full effects of aviation on climate change; considers that it is particularly important to clarify the effects of aircraft contrails (water vapour) as well as to what extent flying at lower altitudes would reduce overall emissions and hence climatic impact, and to assess the heating effect of aerosols emitted in the stratosphere;

| 15. | Urges the Commission to promote the introduction of bio-fuels for aviation as a contribution to reducing the impact on climate change; |
| --- | --- |

15.

Urges the Commission to promote the introduction of bio-fuels for aviation as a contribution to reducing the impact on climate change;

| 16. | Stresses that, in the Seventh Framework Programme for research, technological development and demonstration activities (RTD) too, research and development relating to clean engine technologies and alternative fuels must be assigned priority; considers that an integrated approach should be pursued, combining both emissions trading and the development of clean engines and fuels, in order also to reduce emissions of substances other than CO2 in the aviation sector; |
| --- | --- |

16.

Stresses that, in the Seventh Framework Programme for research, technological development and demonstration activities (RTD) too, research and development relating to clean engine technologies and alternative fuels must be assigned priority; considers that an integrated approach should be pursued, combining both emissions trading and the development of clean engines and fuels, in order also to reduce emissions of substances other than CO2 in the aviation sector;

| 17. | Believes it necessary, moreover, to pursue scientific and technical targets for improving the energy efficiency of aircraft and helicopters; |
| --- | --- |

17.

Believes it necessary, moreover, to pursue scientific and technical targets for improving the energy efficiency of aircraft and helicopters;

| 18. | Points out that measures under the Seventh RTD Framework Programme to foster technological innovations in the aerospace sector and the improved air traffic management resulting from the Single Sky legislation are of decisive importance where emission reduction is concerned; |
| --- | --- |

18.

Points out that measures under the Seventh RTD Framework Programme to foster technological innovations in the aerospace sector and the improved air traffic management resulting from the Single Sky legislation are of decisive importance where emission reduction is concerned;

| 19. | Calls on the Commission to take initiatives without delay for improving air traffic control and air traffic management within the SESAR (Single European Sky ATM Research) project and the Single Sky legislation, with a view to improving the energy efficiency of flights and reducing or avoiding vapour contrails; |
| --- | --- |

19.

Calls on the Commission to take initiatives without delay for improving air traffic control and air traffic management within the SESAR (Single European Sky ATM Research) project and the Single Sky legislation, with a view to improving the energy efficiency of flights and reducing or avoiding vapour contrails;

| 20. | Calls on the Commission to ensure that appropriations under the Seventh RTD Framework Programme are set aside, in the context of collaborative research, with a view to improving the environmental and energy efficiency of aircraft and helicopter engines; |
| --- | --- |

20.

Calls on the Commission to ensure that appropriations under the Seventh RTD Framework Programme are set aside, in the context of collaborative research, with a view to improving the environmental and energy efficiency of aircraft and helicopter engines;

On inclusion of aviation into the EU ETS

| 21. | Recognises that emissions trading has the potential to play a role as part of a comprehensive package of measures to address the climate impact of aviation, provided it is appropriately designed; |
| --- | --- |

21.

Recognises that emissions trading has the potential to play a role as part of a comprehensive package of measures to address the climate impact of aviation, provided it is appropriately designed;

| 22. | Stresses that the environmental effectiveness of any emissions trading scheme will depend on it having sufficiently broad geographical scope; a rigorous cap; full auctioning of initial allocation; the technological level and early actions taken into account in the allocation; and addressing full climate impact; |
| --- | --- |

22.

Stresses that the environmental effectiveness of any emissions trading scheme will depend on it having sufficiently broad geographical scope; a rigorous cap; full auctioning of initial allocation; the technological level and early actions taken into account in the allocation; and addressing full climate impact;

| 23. | Asks the Commission to present immediately an impact assessment on the specific parameters of its design proposals, e.g. level of cap for aviation, compliance, choice of participating entity (aircraft operators, airlines or airports), and to present proposals to ensure that the EU ETS will be applicable to airlines from outside the European Union; |
| --- | --- |

23.

Asks the Commission to present immediately an impact assessment on the specific parameters of its design proposals, e.g. level of cap for aviation, compliance, choice of participating entity (aircraft operators, airlines or airports), and to present proposals to ensure that the EU ETS will be applicable to airlines from outside the European Union;

| 24. | Proposes the introduction of a separate dedicated scheme for aviation emissions, recognising that, due to the lack of binding commitments for international aviation emissions under the UNFCCC and the Kyoto Protocol, the aviation sector would be unable to actually sell into the ETS; |
| --- | --- |

24.

Proposes the introduction of a separate dedicated scheme for aviation emissions, recognising that, due to the lack of binding commitments for international aviation emissions under the UNFCCC and the Kyoto Protocol, the aviation sector would be unable to actually sell into the ETS;

| 25. | Notes that accounting would be substantially simplified by a separate, closed system; considers that, if there were to be a gateway to allow airlines to buy from the EU ETS, this should be on a carefully limited basis; |
| --- | --- |

25.

Notes that accounting would be substantially simplified by a separate, closed system; considers that, if there were to be a gateway to allow airlines to buy from the EU ETS, this should be on a carefully limited basis;

| 26. | Stresses that, if aviation is to be eventually incorporated into the wider ETS, there should at least be a pilot phase of a separate scheme covering the period 2008-2012; |
| --- | --- |

26.

Stresses that, if aviation is to be eventually incorporated into the wider ETS, there should at least be a pilot phase of a separate scheme covering the period 2008-2012;

| 27. | Notes that potential entry of outside credits to a separate scheme (e.g. Clean Development Mechanism and Joint Implementation (CDM/JI), or credits from regional cap-and-trade schemes in countries which are not parties to the Kyoto Protocol) must be minimised by capping them at a level which guarantees that the sector contributes to achieving the overall objective of halting climate change, as well as minimising bureaucracy and increasing transparency; |
| --- | --- |

27.

Notes that potential entry of outside credits to a separate scheme (e.g. Clean Development Mechanism and Joint Implementation (CDM/JI), or credits from regional cap-and-trade schemes in countries which are not parties to the Kyoto Protocol) must be minimised by capping them at a level which guarantees that the sector contributes to achieving the overall objective of halting climate change, as well as minimising bureaucracy and increasing transparency;

| 28. | Proposes that, should aviation be eventually incorporated into a wider ETS, special conditions be applied to ensure it does not distort the market to the detriment of less protected sectors: a cap on the number of emission rights it is permitted to buy from the market, and a requirement to make a proportion of the necessary emissions reductions without trading, before being allowed to buy permits; |
| --- | --- |

28.

Proposes that, should aviation be eventually incorporated into a wider ETS, special conditions be applied to ensure it does not distort the market to the detriment of less protected sectors: a cap on the number of emission rights it is permitted to buy from the market, and a requirement to make a proportion of the necessary emissions reductions without trading, before being allowed to buy permits;

| 29. | Calls on the Commission to put forward other policy instruments to address the non-CO2 impacts of aviation in parallel to the ETS; where uncertainties exist over any of these impacts, policy should be based on the precautionary principle; in addition to climate impacts, special attention should be paid to air and noise pollution during the ascent and descent of aircraft; calls on the Commission to encourage research programmes to improve scientific knowledge on the non-CO2 impacts of aviation and to support ICAO action in developing standards on NOx; |
| --- | --- |

29.

Calls on the Commission to put forward other policy instruments to address the non-CO2 impacts of aviation in parallel to the ETS; where uncertainties exist over any of these impacts, policy should be based on the precautionary principle; in addition to climate impacts, special attention should be paid to air and noise pollution during the ascent and descent of aircraft; calls on the Commission to encourage research programmes to improve scientific knowledge on the non-CO2 impacts of aviation and to support ICAO action in developing standards on NOx;

| 30. | Does not rule out accompanying local measures having to be taken in the future; |
| --- | --- |

30.

Does not rule out accompanying local measures having to be taken in the future;

On the scope of the aviation scheme

| 31. | Believes that a scheme for aviation should as a first step cover all flights to and from any EU airport (if possible also intercontinental flights transiting through EU air space), irrespective of the country of origin of the airline concerned, so as to ensure a level playing field to operators with different route profiles, to avoid distortion of the market in favour of flights to destinations outside the EU, to ensure environmental effectiveness, to prevent cross-subsidisation and to influence aircraft design; stresses that a worldwide emission trading scheme needs to be introduced as soon as possible; |
| --- | --- |

31.

Believes that a scheme for aviation should as a first step cover all flights to and from any EU airport (if possible also intercontinental flights transiting through EU air space), irrespective of the country of origin of the airline concerned, so as to ensure a level playing field to operators with different route profiles, to avoid distortion of the market in favour of flights to destinations outside the EU, to ensure environmental effectiveness, to prevent cross-subsidisation and to influence aircraft design; stresses that a worldwide emission trading scheme needs to be introduced as soon as possible;

| 32. | Acknowledges that the Commission, after careful assessment, is of the opinion that such a broad scope is compatible with international agreements, e.g. WTO rules; asks the Commission and the Council to defend this position against possible attacks of third countries in international organisations; |
| --- | --- |

32.

Acknowledges that the Commission, after careful assessment, is of the opinion that such a broad scope is compatible with international agreements, e.g. WTO rules; asks the Commission and the Council to defend this position against possible attacks of third countries in international organisations;

On initial allocation

| 33. | Stresses that the total initial allocation should be defined in line with the Kyoto commitment target and must therefore not allow for growth in emissions above the base year; |
| --- | --- |

33.

Stresses that the total initial allocation should be defined in line with the Kyoto commitment target and must therefore not allow for growth in emissions above the base year;

| 34. | Believes that the initial allocation amount must be set at EU level, as setting it at Member State level would risk overly generous initial allocations which would distort the market and undermine the environmental effectiveness of the scheme; |
| --- | --- |

34.

Believes that the initial allocation amount must be set at EU level, as setting it at Member State level would risk overly generous initial allocations which would distort the market and undermine the environmental effectiveness of the scheme;

| 35. | Stresses that the allocation method should not directly or indirectly punish those companies having already introduced efficient airplanes, so that early action has to be recognised under any circumstances and the main pressure to change put on carriers whose fuel efficiency is poor; |
| --- | --- |

35.

Stresses that the allocation method should not directly or indirectly punish those companies having already introduced efficient airplanes, so that early action has to be recognised under any circumstances and the main pressure to change put on carriers whose fuel efficiency is poor;

On the allocation method

| 36. | Believes that auctioning is the best option for distribution of allowances, since it reflects the dynamic nature of the sector, with no prejudice against new entrants or against those regions which have yet to develop in this sector; |
| --- | --- |

36.

Believes that auctioning is the best option for distribution of allowances, since it reflects the dynamic nature of the sector, with no prejudice against new entrants or against those regions which have yet to develop in this sector;

| 37. | Notes that auctioning also meets the requirements of the ‘polluter pays’ principle, with further environmental benefits if the revenues are appropriately hypothecated; and that it automatically rewards good performance by operators in the past and future; |
| --- | --- |

37.

Notes that auctioning also meets the requirements of the ‘polluter pays’ principle, with further environmental benefits if the revenues are appropriately hypothecated; and that it automatically rewards good performance by operators in the past and future;

| 38. | Stresses that an eventual partial free allocation of permits, whether through grandfathering or benchmarking, should not discriminate against operators who enter the scheme after the initial allocation period; therefore, special provision would have to be made to accommodate new entrants; |
| --- | --- |

38.

Stresses that an eventual partial free allocation of permits, whether through grandfathering or benchmarking, should not discriminate against operators who enter the scheme after the initial allocation period; therefore, special provision would have to be made to accommodate new entrants;

| 39. | Notes the likelihood that free allocation of permits, whether through grandfathering or benchmarking, would lead to windfall profits to the sector at the consumer's expense, due to marginal cost pricing based on market price of allowances despite free allocation; emphasises that this is not the objective of the policy; |
| --- | --- |

39.

Notes the likelihood that free allocation of permits, whether through grandfathering or benchmarking, would lead to windfall profits to the sector at the consumer's expense, due to marginal cost pricing based on market price of allowances despite free allocation; emphasises that this is not the objective of the policy;

| 40. | Considers that free allocation of grandfathered emissions is the worst option as it punishes early action by airlines, and that free allocation by benchmarking, whilst incentivising more appropriately in theory, risks being overly complicated and bureaucratic, with all calculation methods having difficulties in determining true best performance; |
| --- | --- |

40.

Considers that free allocation of grandfathered emissions is the worst option as it punishes early action by airlines, and that free allocation by benchmarking, whilst incentivising more appropriately in theory, risks being overly complicated and bureaucratic, with all calculation methods having difficulties in determining true best performance;

*

- *

| 41. | Instructs its President to forward this resolution to the Council and Commission, and the governments and parliaments of the Member States. |
| --- | --- |

41.

Instructs its President to forward this resolution to the Council and Commission, and the governments and parliaments of the Member States.

---

(1)  Texts Adopted, P6_TA(2005)0433.

---

Wednesday, 5 July 2006

| 13.12.2006 | EN | Official Journal of the European Union | CE 303/124 |
| --- | --- | --- | --- |

13.12.2006

EN

Official Journal of the European Union

CE 303/124

---

MINUTES

(2006/C 303 E/03)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Opening of sitting

The sitting opened at 9.05.

2.   Presentation of the programme of the Finnish Presidency (debate)

(debate)

Council statement: Programme of the Finnish Presidency

Matti Vanhanen (President-in-Office of the Council) made the statement.

José Manuel Barroso (President of the Commission) spoke.

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, Graham Watson, on behalf of the ALDE Group, Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, Esko Seppänen, on behalf of the GUE/NGL Group, Brian Crowley, on behalf of the UEN Group, Nigel Farage, on behalf of the IND/DEM Group, Martin Schulz, on Nigel Farage's remarks, Frank Vanhecke, Non-attached Member, Piia-Noora Kauppi, Reino Paasilinna and Anneli Jäätteenmäki.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

The following spoke: Satu Hassi, Roberto Musacchio, Zbigniew Krzysztof Kuźmiuk, Jens-Peter Bonde, Alessandro Battilocchio, Timothy Kirkhope, Hannes Swoboda, Karin Riis-Jørgensen, Ian Hudghton, Tobias Pflüger, Bastiaan Belder, Ryszard Czarnecki, Françoise Grossetête, Gary Titley, Kyösti Virrankoski, Diamanto Manolakou, Ville Itälä, Poul Nyrup Rasmussen, Alexander Lambsdorff, Othmar Karas, Enrique Barón Crespo, Sarah Ludford, João de Deus Pinheiro, Edite Estrela, József Szájer, Jan Andersson, Antonio Tajani, Dariusz Rosati, Jerzy Buzek, Evelyne Gebhardt, Elmar Brok, Guido Sacconi, Gunnar Hökmark and Lasse Lehtinen.

IN THE CHAIR: Josep BORRELL FONTELLES

President

The following spoke: Francisco José Millán Mon, Alexander Stubb, Matti Vanhanen and José Manuel Barroso.

The debate closed.

IN THE CHAIR: Pierre MOSCOVICI

Vice-President

3.   Situation in Palestine (debate)

(debate)

Council and Commission statements: Situation in Palestine

Paula Lehtomäki (President-in-Office of the Council) and Benita Ferrero-Waldner (Member of the Commission) made the statements.

The following spoke: Elmar Brok, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Annemie Neyts-Uyttebroeck, on behalf of the ALDE Group, Caroline Lucas, on behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Roberta Angelilli, on behalf of the UEN Group, Bastiaan Belder, on behalf of the IND/DEM Group, Marek Aleksander Czarnecki, Non-attached Member, Ioannis Kasoulides, Véronique De Keyser, Chris Davies, Roger Knapman, Mario Borghezio, Charles Tannock, Marek Siwiec, Frédérique Ries, Zbigniew Zaleski, Pierre Schapira, Paula Lehtomäki and Benita Ferrero-Waldner.

The debate closed.

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

The following spoke: Robert Atkins, who asked that the vote should begin at the appointed time.

*

- *

The President and Janusz Lewandowski, Chairman of the BUDG Committee, paid tribute to the work of Terence Wynn, former Chairman of the BUDG Committee, who was retiring that week.

4.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

4.1.   Strengthening cross-border police cooperation * (Rule 131) (vote)

(Rule 131) (vote)

Report on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences [06930/2005 — C6-0117/2005 — 2005/0804(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Frieda Brepoels (A6-0222/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

INITIATIVE, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0297)

(P6_TA(2006)0297)

4.2.   Technical requirements for inland waterway vessels ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC [13274/1/2005 — C6-0091/2006 — 1997/0335(COD)] — Committee on Transport and Tourism

Rapporteur: Renate Sommer (A6-0208/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2006)0298)

(P6_TA(2006)0298)

4.3.   Harmonisation of technical requirements and administrative procedures in air transport ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation [13376/1/2005 — C6-0090/2006 — 2000/0069(COD)] — Committee on Transport and Tourism

Rapporteur: Ulrich Stockmann (A6-0212/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2006)0299)

(P6_TA(2006)0299)

The following spoke on the vote:

The following spoke on the vote:

| — | Ulrich Stockmann (rapporteur), who pointed out that the English version of amendments 20, 22 and 24 was the authentic text; |
| --- | --- |

—

Ulrich Stockmann (rapporteur), who pointed out that the English version of amendments 20, 22 and 24 was the authentic text;

| — | Gilles Savary, who recommended that the House vote against amendments 17 and 18 if the compromise block was adopted. |
| --- | --- |

—

Gilles Savary, who recommended that the House vote against amendments 17 and 18 if the compromise block was adopted.

4.4.   Shipments of radioactive waste and nuclear spent fuel * (vote)

(vote)

Report on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel [COM(2005)0673 — C6-0031/2006 — 2005/0272(CNS)] — Committee on Industry, Research and Energy

Rapporteur: Esko Seppänen (A6-0174/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0300)

(P6_TA(2006)0300)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0300)

(P6_TA(2006)0300)

The following spoke on the vote:

The following spoke on the vote:

| — | Carl Schlyter, on behalf of the Verts/ALE Group, who requested that amendment 23 be subject to a roll-call vote (the President agreed); |
| --- | --- |

—

Carl Schlyter, on behalf of the Verts/ALE Group, who requested that amendment 23 be subject to a roll-call vote (the President agreed);

| — | Bruno Gollnisch, on the voting procedure; |
| --- | --- |

—

Bruno Gollnisch, on the voting procedure;

| — | Rebecca Harms, who expressed her disappointment that the Commission had not given its position on the amendments adopted by Parliament. |
| --- | --- |

—

Rebecca Harms, who expressed her disappointment that the Commission had not given its position on the amendments adopted by Parliament.

4.5.   Investing for growth and employment (vote)

(vote)

Report on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (2006/2005(INI)) — Committee on Industry, Research and Energy

Rapporteur: Pilar del Castillo Vera (A6-0204/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0301)

(P6_TA(2006)0301)

4.6.   Towards a more integrated approach for industrial policy (vote)

(vote)

Report on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy [2006/2003(INI)] — Committee on Industry, Research and Energy

Rapporteur: Joan Calabuig Rull (A6-0206/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0302)

(P6_TA(2006)0302)

5.   Welcome

On behalf of Parliament, the President welcomed Emma Bonino, the Italian minister for European policy and external trade, who had taken her seat in the distinguished visitors' gallery.

6.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Report: Ulrich Stockmann — A6-0212/2006

| — | Oldřich Vlasák |
| --- | --- |

—

Oldřich Vlasák

7.   Corrections to votes and voting intentions

Corrections to votes:

Corrections to votes:

Corrections to votes appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes will be finalised so that it can be translated and published in the Official Journal.

Voting intentions:

Voting intentions:

The Presidency had been notified of the following voting intentions (in respect of votes that had not been cast):

Report: Ulrich Stockmann — A6-0212/2006

| — | amendment 11 |
| --- | --- |

—

amendment 11

| — | against: Manuel Medina Ortega, Hubert Pirker |
| --- | --- |

—

against: Manuel Medina Ortega, Hubert Pirker

against:

Manuel Medina Ortega had informed the Presidency that his voting machine had not worked during the vote on that amendment.

Report: Esko Seppänen — A6-0174/2006

| — | amendment 24 |
| --- | --- |

—

amendment 24

| — | in favour: Jan Andersson |
| --- | --- |

—

in favour: Jan Andersson

in favour:

| — | against: Karin Jöns, Rainer Wieland |
| --- | --- |

—

against: Karin Jöns, Rainer Wieland

against:

(The sitting was suspended at 13.30 and resumed at 15.00.)

(The sitting was suspended at 13.30 and resumed at 15.00.)

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

8.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

9.   Protection preservation of the religious heritage in the northern part of Cyprus (written declaration)

(written declaration)

By 03.07.2006, written declaration No 21/2006, by Iles Braghetto and Panayiotis Demetriou on the protection and preservation of the religious heritage in the northern part of Cyprus, had been signed by the majority of Parliament's component Members and would therefore, under Rule 116(4), be forwarded to the institutions named therein and published, together with the names of the signatories, in the Texts Adopted of the sitting of 05.09.2006.

Texts Adopted

Panayiotis Demetriou spoke.

10.   International adoption in Romania (written declaration)

(written declaration)

By 03.07.2006, written declaration No 23/2006, by Claire Gibault, Jean-Marie Cavada, Antoine Duquesne, Charles Tannock and Enrique Barón Crespo on international adoption in Romania, had been signed by the majority of Parliament's component Members and would therefore, under Rule 116(4), be forwarded to the institutions named therein and published, together with the names of the signatories, in the Texts Adopted of the sitting of 05.09.2006.

Texts Adopted

11.   Extraordinary rendition (debate)

(debate)

Interim report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners [2006/2027(INI)] — Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners

Rapporteur: Giovanni Claudio Fava (A6-0213/2006).

Giovanni Claudio Fava introduced the report.

The following spoke: Paula Lehtomäki (President-in-Office of the Council) and Franco Frattini (Vice-President of the Commission).

The following spoke: Jas Gawronski, on behalf of the PPE-DE Group, Wolfgang Kreissl-Dörfler, on behalf of the PSE Group, Sarah Ludford, on behalf of the ALDE Group, Cem Özdemir, on behalf of the Verts/ALE Group, Giusto Catania, on behalf of the GUE/NGL Group, Konrad Szymański, on behalf of the UEN Group, Mirosław Mariusz Piotrowski, on behalf of the IND/DEM Group, Philip Claeys, Non-attached Member, Carlos Coelho, Józef Pinior, Ignasi Guardans Cambó, Raül Romeva i Rueda, Sylvia-Yvonne Kaufmann, Eoin Ryan, Bogusław Rogalski and Roger Helmer.

IN THE CHAIR: Alejo VIDAL-QUADRAS

Vice-President

The following spoke: Ewa Klamt, Inger Segelström, Sophia in 't Veld, Jean Lambert, Willy Meyer Pleite, Mogens N.J. Camre, Gerard Batten, Ryszard Czarnecki, Bogdan Klich, Proinsias De Rossa, Alexander Alvaro, Dimitrios Papadimoulis, Seán Ó Neachtain, Kathy Sinnott, Paweł Bartłomiej Piskorski, Hubert Pirker, Jan Marinus Wiersma, Sajjad Karim, Luca Romagnoli, Camiel Eurlings, Hannes Swoboda, Anneli Jäätteenmäki, Antonio Tajani, Martine Roure, Barbara Kudrycka, Antonio Masip Hidalgo, Josef Zieleniec, Ana Maria Gomes, Miroslav Mikolášik and Stavros Lambrinidis.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

The following spoke: Panayiotis Demetriou, Claude Moraes, Charles Tannock, Jean Spautz, Simon Coveney and Franco Frattini.

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.14.

Minutes of 06.07.2006, Item 6.14

12.   Interception of bank transfer data from the SWIFT system by the US secret services (debate)

(debate)

Council and Commission statements: Interception of bank transfer data from the SWIFT system by the US secret services

Paula Lehtomäki (President-in-Office of the Council) and Franco Frattini (Vice-President of the Commission) made the statements.

The following spoke: Ewa Klamt, on behalf of the PPE-DE Group, Martine Roure, on behalf of the PSE Group, Jean-Marie Cavada, on behalf of the ALDE Group, Giusto Catania, on behalf of the GUE/NGL Group, Carlos Coelho, Jan Marinus Wiersma, Sophia in 't Veld, Mihael Brejc, Stavros Lambrinidis, Giovanni Claudio Fava, Paula Lehtomäki and Franco Frattini.

Motions for resolutions to wind up the debate tabled pursuant to Rule 103(2):

| — | Mihael Brejc, on behalf of the PPE-DE Group, Brian Crowley, Romano Maria La Russa and Roberta Angelilli, on behalf of the UEN Group, on the alleged interception of bank transfer data from the SWIFT system by the US secret services (B6-0385/2006), |
| --- | --- |

—

Mihael Brejc, on behalf of the PPE-DE Group, Brian Crowley, Romano Maria La Russa and Roberta Angelilli, on behalf of the UEN Group, on the alleged interception of bank transfer data from the SWIFT system by the US secret services (B6-0385/2006),

| — | Martine Roure, on behalf of the PSE Group, on access to transferred bank data by the US secret services (B6-0386/2006), |
| --- | --- |

—

Martine Roure, on behalf of the PSE Group, on access to transferred bank data by the US secret services (B6-0386/2006),

| — | Monica Frassoni and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on the interception of bank transfer data from the SWIFT system by the US secret services (B6-0391/2006), |
| --- | --- |

—

Monica Frassoni and Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, on the interception of bank transfer data from the SWIFT system by the US secret services (B6-0391/2006),

| — | Alexander Alvaro, Sophia in 't Veld and Margarita Starkevičiūtė, on behalf of the ALDE Group, on the interception of bank transfer data from the SWIFT system by the US secret services (B6-0393/2006), |
| --- | --- |

—

Alexander Alvaro, Sophia in 't Veld and Margarita Starkevičiūtė, on behalf of the ALDE Group, on the interception of bank transfer data from the SWIFT system by the US secret services (B6-0393/2006),

| — | Sahra Wagenknecht, Giusto Catania and Umberto Guidoni, on behalf of the GUE/NGL Group, on violation of data protection rules in the European countries by the use of SWIFT data by the US (B6-0395/2006). |
| --- | --- |

—

Sahra Wagenknecht, Giusto Catania and Umberto Guidoni, on behalf of the GUE/NGL Group, on violation of data protection rules in the European countries by the use of SWIFT data by the US (B6-0395/2006).

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.15.

Minutes of 06.07.2006, Item 6.15

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

13.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B6-0312/2006).

Question 1 (Sarah Ludford): ‘Passerelle’ clause.

Paula Lehtomäki (President-in-Office of the Council) answered the question and a supplementary by Sarah Ludford.

Question 2 (Richard Seeber): Framework Convention on Climate Change.

Paula Lehtomäki answered the question and supplementaries by Richard Seeber and Eija-Riitta Korhola.

Question 3 (Bernd Posselt): Negotiations on the status of Kosovo.

Paula Lehtomäki answered the question and supplementaries by Bernd Posselt, Richard Seeber and Hubert Pirker.

Question 4 (Nicholson of Winterbourne): Recognised operational guidelines when dealing with hostage-takers.

Paula Lehtomäki answered the question and supplementaries by Baroness Nicholson of Winterbourne, Agnes Schierhuber and Bernd Posselt.

Question 5 (Manuel Medina Ortega): Need for an integrated immigration policy.

Paula Lehtomäki answered the question and supplementaries by Manuel Medina Ortega, Piia-Noora Kauppi and Hubert Pirker.

Question 6 (Marie Panayotopoulos-Cassiotou): Measures to promote the acceptance and better integration of immigrants.

Paula Lehtomäki answered the question and supplementaries by Marie Panayotopoulos-Cassiotou and Bogusław Sonik.

Question 7 (Eugenijus Gentvilas): Different taxation systems in EU Member States.

Paula Lehtomäki answered the question and supplementaries by Eugenijus Gentvilas, Josu Ortuondo Larrea and Reinhard Rack.

Question 8 (Jacky Henin): Council measures to tackle the weak US dollar.

Paula Lehtomäki answered the question and supplementaries by Jacky Henin and Paul Rübig.

Question 9 (John Bowis): Questions to the Council.

Paula Lehtomäki answered the question and supplementaries by John Bowis, Richard Corbett and Piia-Noora Kauppi.

Questions which had not been answered for lack of time would receive written answers (see annex to the Verbatim Report of Proceedings).

(see annex to the Verbatim Report of Proceedings)

Council Question Time closed.

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

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

IN THE CHAIR: Mario MAURO

Vice-President

14.   Visa policy with regard to western Balkan countries — Visa facilitation for the countries of the Western Balkans (debate)

(debate)

Oral question (O-0063/2006) by Doris Pack, on behalf of the PPE-DE Group, Gisela Kallenbach, on behalf of the Verts/ALE Group, Hannes Swoboda, on behalf of the PSE Group, Erik Meijer, Ignasi Guardans Cambó, Jelko Kacin and Henrik Lax, to the Council: Visa policy towards the countries of the Western Balkans (B6-0315/2006)

Oral question (O-0077/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Council: Visa facilitation for the countries of the Western Balkans (B6-0320/2006)

Oral question (O-0078/2006) by Sarah Ludford, Jelko Kacin, Henrik Lax and Ignasi Guardans Cambó, on behalf of the ALDE Group, to the Commission: Visa facilitation for the countries of the Western Balkans (B6-0321/2006)

Doris Pack, Hannes Swoboda, Jelko Kacin and Gisela Kallenbach (authors) moved the oral questions.

The following spoke: Paula Lehtomäki (President-in-Office of the Council) and Franco Frattini (Vice-President of the Commission).

The following spoke: Panagiotis Beglitis, on behalf of the PSE Group, Henrik Lax, on behalf of the ALDE Group, and Paula Lehtomäki.

The debate closed.

15.   Implementing powers conferred on the Commission (Interinstitutional agreement) — Implementing powers conferred on the Commission (procedures) (debate)

(debate)

Report on the interinstitutional agreement taking the form of a joint statement concerning the draft for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. [10126/1/2006 — C6-0208/2006 — 2006/2152(ACI)] — Committee on Constitutional Affairs

Rapporteur: Richard Corbett (A6-0237/2006).

Report on the amended proposal for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [10126/1/2006 — C6-0190/2006 — 2002/0298(CNS)] — Committee on Constitutional Affairs

Rapporteur: Richard Corbett (A6-0236/2006).

Margot Wallström (Vice-President of the Commission) spoke.

Richard Corbett introduced the reports.

The following spoke: Alexander Radwan, on behalf of the PPE-DE Group, Pervenche Berès, on behalf of the PSE Group, Andrew Duff, on behalf of the ALDE Group, Satu Hassi, on behalf of the Verts/ALE Group, Maria da Assunção Esteves, Friedrich-Wilhelm Graefe zu Baringdorf and Margot Wallström.

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.7 and Minutes of 06.07.2006, Item 6.8.

Minutes of 06.07.2006, Item 6.7 and Minutes of 06.07.2006, Item 6.8

16.   Mutual information procedure * — Integration of immigrants in the European Union — European Union immigration policy

Report on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration [COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Patrick Gaubert (A6-0186/2006).

Report on strategies and means for the integration of immigrants in the European Union [2006/2056(INI)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Stavros Lambrinidis (A6-0190/2006).

Oral question (O-0061/2006) by Martin Schulz and Martine Roure, on behalf of the PSE Group, to the Commission: European Union immigration policy (B6-0311/2006)

Oral question (O-0064/2006) by Ewa Klamt, on behalf of the PPE-DE Group, to the Commission: EU policy on immigration (B6-0313/2006)

Oral question (O-0070/2006) by Jean Lambert, on behalf of the Verts/ALE Group, to the Commission: European Union immigration policy (B6-0318/2006)

Oral question (O-0073/2006) by Jeanine Hennis-Plasschaert, on behalf of the ALDE Group, to the Commission: European Union immigration policy (B6-0319/2006)

Oral question (O-0079/2006) by Roberta Angelilli and Romano Maria La Russa, on behalf of the UEN Group, to the Commission: EU policy on immigration (B6-0322/2006)

Patrick Gaubert introduced the report (A6-0186/2006).

Stavros Lambrinidis introduced the report (A6-0190/2006).

Ewa Klamt moved the oral question (B6-0313/2006).

Manuel Medina Ortega (deputising for the authors) moved the oral question (B6-0311/2006).

Jeanine Hennis-Plasschaert moved the oral question (B6-0319/2006).

Jean Lambert moved the oral question (B6-0318/2006).

Franco Frattini (Vice-President of the Commission) spoke.

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

The following spoke: Dimitrios Papadimoulis (draftsman of the opinion of the EMPL Committee), Barbara Kudrycka, on behalf of the PPE-DE Group, Claude Moraes, on behalf of the PSE Group, Ona Juknevičienė, on behalf of the ALDE Group, Hélène Flautre, on behalf of the Verts/ALE Group, Giusto Catania, on behalf of the GUE/NGL Group, Sebastiano (Nello) Musumeci, on behalf of the UEN Group, Johannes Blokland, on behalf of the IND/DEM Group, Carlos Coelho, Józef Pinior, Tatjana Ždanoka, Kyriacos Triantaphyllides, Derek Roland Clark, Jan Tadeusz Masiel, Agustín Díaz de Mera García Consuegra, Louis Grech, Miguel Portas, Andrzej Tomasz Zapałowski, James Hugh Allister, Simon Busuttil, Stefano Zappalà, David Casa and Franco Frattini.

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.11 and Minutes of 06.07.2006, Item 6.16.

Minutes of 06.07.2006, Item 6.11 and Minutes of 06.07.2006, Item 6.16

17.   AIDS — Time to deliver (debate)

(debate)

Commission statement: AIDS — Time to deliver

Louis Michel (Member of the Commission) made the statement.

The following spoke: John Bowis, on behalf of the PPE-DE Group, Anne Van Lancker, on behalf of the PSE Group, Fiona Hall, on behalf of the ALDE Group, Karin Scheele and Louis Michel.

Motions for resolutions to wind up the debate tabled pursuant to Rule 103(2):

| — | Luisa Morgantini, Feleknas Uca, Vittorio Agnoletto, Eva-Britt Svensson and Adamos Adamou, on behalf of the GUE/NGL Group, on HIV/AIDS: Time to Deliver (B6-0375/2006), |
| --- | --- |

—

Luisa Morgantini, Feleknas Uca, Vittorio Agnoletto, Eva-Britt Svensson and Adamos Adamou, on behalf of the GUE/NGL Group, on HIV/AIDS: Time to Deliver (B6-0375/2006),

| — | Eoin Ryan, on behalf of the UEN Group, on AIDS — Time to Deliver (B6-0376/2006), |
| --- | --- |

—

Eoin Ryan, on behalf of the UEN Group, on AIDS — Time to Deliver (B6-0376/2006),

| — | Miguel Angel Martínez Martínez, Anne Van Lancker and Pierre Schapira, on behalf of the PSE Group, on HIV/AIDS: Time to Deliver (B6-0377/2006), |
| --- | --- |

—

Miguel Angel Martínez Martínez, Anne Van Lancker and Pierre Schapira, on behalf of the PSE Group, on HIV/AIDS: Time to Deliver (B6-0377/2006),

| — | John Bowis and Maria Martens, on behalf of the PPE-DE Group, on AIDS — Time to Deliver (B6-0378/2006), |
| --- | --- |

—

John Bowis and Maria Martens, on behalf of the PPE-DE Group, on AIDS — Time to Deliver (B6-0378/2006),

| — | Fiona Hall, Marios Matsakis and Elizabeth Lynne, on behalf of the ALDE Group, on AIDS — Time to Deliver (B6-0379/2006), |
| --- | --- |

—

Fiona Hall, Marios Matsakis and Elizabeth Lynne, on behalf of the ALDE Group, on AIDS — Time to Deliver (B6-0379/2006),

| — | Margrete Auken, on behalf of the Verts/ALE Group, on HIV/AIDS (B6-0380/2006). |
| --- | --- |

—

Margrete Auken, on behalf of the Verts/ALE Group, on HIV/AIDS (B6-0380/2006).

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.19.

Minutes of 06.07.2006, Item 6.19

18.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 354.650/OJJE).

19.   Closure of sitting

The sitting closed at 0.05.

Julian Priestley

Secretary-General

Gérard Onesta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Agnoletto, Aita, Albertini, Allister, Alvaro, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Ashworth, Assis, Atkins, Attard-Montalto, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia I Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belder, Belet, Belohorská, Bennahmias, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bielan, Birutis, Blokland, Bloom, Bobošíková, Böge, Bösch, Bonde, Bono, Bonsignore, Booth, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, van Buitenen, Bullmann, van den Burg, Bushill-Matthews, Busk, Busquin, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Cappato, Carlotti, Carnero González, Casa, Casaca, Cashman, Casini, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Correia, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, de Brún, Degutis, Dehaene, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, El Khadraoui, Elles, Esteves, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert Evans, Fajmon, Falbr, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Ford, Fourtou, Fraga Estévez, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Gierek, Giertych, Gill, Gklavakis, Glattfelder, Goebbels, Goepel, Golik, Gomes, Gomolka, Gottardi, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Hannan, Harangozó, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Howitt, Hudacký, Hudghton, Hughes, Hutchinson, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Karim, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kilroy-Silk, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Koch-Mehrin, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lax, Lechner, Le Foll, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Jean-Marie Le Pen, Marine Le Pen, Le Rachinel, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liotard, Lipietz, López-Istúriz White, Losco, Louis, Lucas, Ludford, Lulling, Lynne, Maaten, McAvan, McGuinness, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Mantovani, Markov, Marques, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mastenbroek, Mathieu, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Mohácsi, Montoro Romero, Moraes, Moreno Sánchez, Morgan, Morgantini, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, van Nistelrooij, Novak, Obiols i Germà, Achille Occhetto, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papadimoulis, Papastamkos, Parish, Patriciello, Patrie, Peillon, Pęk, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Pirker, Piskorski, Pistelli, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poettering, Poignant, Polfer, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Rasmussen, Remek, Resetarits, Reul, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savary, Savi, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Frithjof Schmidt, Schmitt, Schnellhardt, Schöpflin, Schroedter, Schulz, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Sumberg, Surján, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Takkula, Tannock, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vaugrenard, Ventre, Veraldi, Vergnaud, Vernola, Vidal-Quadras, de Villiers, Vincenzi, Virrankoski, Vlasák, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Manfred Weber, Weiler, Weisgerber, Westlund, Whittaker, Wieland, Wiersma, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Záborská, Zaleski, Zani, Zapałowski, Zappalà, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Abadjiev, Anastase, Arabadjiev, Athanasiu, Bărbuleţiu, Bliznashki, Buruiană Aprodu, Ciornei, Cioroianu, Corlăţean, Coşea, Corina Creţu, Gabriela Creţu, Martin Dimitrov, Dîncu, Duca, Dumitrescu, Ganţ, Hogea, Ilchev, Kazak, Kirilov, Kónya-Hamar, Marinescu, Mihăescu, Morţun, Paparizov, Parvanova, Petre, Podgorean, Popa, Popeangă, Severin, Shouleva, Silaghi, Sofianski, Szabó, Ţicău, Tîrle, Vigenin, Zgonea Valeriu Ştefan

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ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Strengthening cross-border police cooperation *

Report: Frieda BREPOELS (A6-0222/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Technical requirements for inland waterway vessels ***II

Recommendation for second reading: (qualified majority)

Renate SOMMER (A6-0208/2006)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| After recital 10 | 1 | Committee | | + | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

After recital 10

1

Committee

+

3.   Harmonisation of technical requirements and administrative procedures in air transport ***II

Recommendation for second reading: (qualified majority)

Ulrich STOCKMANN (A6-0212/2006)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1




  (compromise) | 19rev
  -
  24rev | Committee | | + | |
| Block 2




  (Committee) | 1-8
  10 | Committee | | ↓ | |
| Article 1, after § 4 | 11 | GUE/NGL | RCV | - | 138, 494, 15 |
| Article 8a, § 2 | 16=
  25rev
  = | SAVARY et al,
  PPE-DE, PSE,
  ALDE,
  Verts/ALE | | + | |
| 9 | Committee | | ↓ | |
| Article 8a, after §2 | 17 | SAVARY et al | | - | |
| Annex 3 | 15 | GUE/NGL | | - | |
| 12 | GUE/NGL | | - | |
| 18 | SAVARY ea | | - | |
| 13 | GUE/NGL | | - | |
| 14 | GUE/NGL | | - | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1

(compromise)

19rev

-

24rev

Committee

+

Block 2

(Committee)

1-8

10

Committee

↓

Article 1, after § 4

11

GUE/NGL

RCV

-

138, 494, 15

Article 8a, § 2

16=

25rev

=

SAVARY et al,

PPE-DE, PSE,

ALDE,

Verts/ALE

+

9

Committee

↓

Article 8a, after §2

17

SAVARY et al

-

Annex 3

15

GUE/NGL

-

12

GUE/NGL

-

18

SAVARY ea

-

13

GUE/NGL

-

14

GUE/NGL

-

The compromise block consisted of amendments 19/rev to 25/rev.

Requests for roll-call votes

GUE/NGL am 11

4.   Shipments of radioactive waste and nuclear spent fuel *

Report: Esko SEPPÄNEN (A6-0174/2006)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1
  3-5
  9-10
  12-14 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 2 | Committee | sep/EV | + | 597, 48, 9 |
| 6 | Committee | sep/EV | + | 387, 257, 8 |
| 7 | Committee | sep | + | |
| 8 | Committee | split | | |
| 1 | + | |
| 2/RCV | + | 558, 79, 17 |
| 15 | Committee | sep | + | |
| 16 | Committee | sep | + | |
| 17 | Committee | sep | + | |
| 18 | Committee | sep | + | |
| 20 | Committee | split | | |
| 1 | + | |
| 2/RCV | + | 626, 23, 10 |
| Article 6, § 2 | 11 | Committee | | + | |
| 22 | Verts/ALE | | - | |
| Article 7 | 23 | Verts/ALE | RCV | - | 137, 511, 12 |
| Article 12 | 24 | Verts/ALE | RCV | - | 160, 469, 20 |
| 19 | Committee | | + | |
| Article 13 | 25 | Verts/ALE | RCV | - | 166, 471, 23 |
| Recital 10 | 21 | Verts/ALE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | EV | + | 523, 86, 37 |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1

3-5

9-10

12-14

Committee

+

Amendments by the committee responsible — separate vote

2

Committee

sep/EV

+

597, 48, 9

6

Committee

sep/EV

+

387, 257, 8

7

Committee

sep

+

8

Committee

split

1

+

2/RCV

+

558, 79, 17

15

Committee

sep

+

16

Committee

sep

+

17

Committee

sep

+

18

Committee

sep

+

20

Committee

split

1

+

2/RCV

+

626, 23, 10

Article 6, § 2

11

Committee

+

22

Verts/ALE

-

Article 7

23

Verts/ALE

RCV

-

137, 511, 12

Article 12

24

Verts/ALE

RCV

-

160, 469, 20

19

Committee

+

Article 13

25

Verts/ALE

RCV

-

166, 471, 23

Recital 10

21

Verts/ALE

-

vote: amended proposal

+

vote: legislative resolution

EV

+

523, 86, 37

Requests for roll-call votes

Verts/ALE: ams 23, 24, 25

Requests for separate votes

PSE: am 6

Verts/ALE: ams 2, 7, 15, 16, 17, 18

Requests for split votes

Verts/ALE

am 8

First part: text as a whole without the words ‘and protected against any misuse’

Second part: those words

IND/DEM

am 20

First part: text as a whole without the words ‘with the exception of reshipments’

Second part: those words

5.   Investing for growth and employment

Report: Pilar DEL CASTILLO VERA (A6-0204/2006)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 8 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 18 | § | original text | split | | |
| 1/EV | + | 524, 92, 10 |
| 2/EV | + | 360, 276, 8 |
| § 36 | § | original text | sep | + | |
| § 48 | § | original text | sep/EV | + | 312, 312, 18 |
| § 54 | § | original text | sep/EV | + | 369, 258, 8 |
| vote: resolution (as a whole) | | + | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 8

§

original text

split

1

+

2

-

§ 18

§

original text

split

1/EV

+

524, 92, 10

2/EV

+

360, 276, 8

§ 36

§

original text

sep

+

§ 48

§

original text

sep/EV

+

312, 312, 18

§ 54

§

original text

sep/EV

+

369, 258, 8

vote: resolution (as a whole)

+

Requests for separate votes

PPE-DE: §§ 36, 48, 54

Requests for split votes

PPE-DE

§ 8

First part: text as a whole without the words ‘proposal to draft a’

Second part: those words

§ 18

First part:‘Takes note ... advanced companies;’

Second part:‘considers that ... like GPL and PDL;’

6.   Towards a more integrated approach for industrial policy

Report: Joan CALABUIG RULL (A6-0206/2006)

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 5 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| After § 6 | 4 | Verts/ALE | | - | |
| § 7 | 5 | Verts/ALE | | - | |
| After § 7 | 6 | Verts/ALE | EV | + | 339, 274, 9 |
| 7 | Verts/ALE | EV | - | 181, 420, 23 |
| § 8 | § | original text | sep | + | |
| § 10 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 12 | 8 | Verts/ALE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| § 16 | § | original text | sep | + | |
| § 22 | § | original text | split | | |
| 1 | + | |
| 2/EV | + | 322, 292, 7 |
| 3 | + | |
| § 23 | § | original text | sep | + | |
| § 25 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 26 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| § 27 | § | original text | split | | |
| 1 | + | |
| 2/EV | + | 304, 295, 26 |
| 3 | + | |
| 4 | + | |
| § 28 | § | original text | sep | - | |
| § 30 | § | original text | sep | + | |
| § 32 | 9 | Verts/ALE | | - | |
| § | original text | sep/EV | + | 469, 131, 13 |
| After § 32 | 10 | Verts/ALE | | - | |
| § 33 | 11 | Verts/ALE | EV | + | 405, 198, 17 |
| § | original text | sep | ↓ | |
| After § 34 | 1 | GUE/NGL | split | | |
| 1/EV | + | 346, 267, 8 |
| 2 | - | |
| § 38 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| Recital B | 2 | Verts/ALE | | + | |
| Recital C | 3 | Verts/ALE | | + | |
| vote: resolution (as a whole) | RCV | + | 484, 58, 54 |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 5

§

original text

split

1

+

2

+

After § 6

4

Verts/ALE

-

§ 7

5

Verts/ALE

-

After § 7

6

Verts/ALE

EV

+

339, 274, 9

7

Verts/ALE

EV

-

181, 420, 23

§ 8

§

original text

sep

+

§ 10

§

original text

split

1

+

2

+

§ 12

8

Verts/ALE

-

§

original text

split

1

+

2

+

3

+

§ 16

§

original text

sep

+

§ 22

§

original text

split

1

+

2/EV

+

322, 292, 7

3

+

§ 23

§

original text

sep

+

§ 25

§

original text

split

1

+

2

+

§ 26

§

original text

split

1

+

2

+

3

+

§ 27

§

original text

split

1

+

2/EV

+

304, 295, 26

3

+

4

+

§ 28

§

original text

sep

-

§ 30

§

original text

sep

+

§ 32

9

Verts/ALE

-

§

original text

sep/EV

+

469, 131, 13

After § 32

10

Verts/ALE

-

§ 33

11

Verts/ALE

EV

+

405, 198, 17

§

original text

sep

↓

After § 34

1

GUE/NGL

split

1/EV

+

346, 267, 8

2

-

§ 38

§

original text

split

1

+

2

+

Recital B

2

Verts/ALE

+

Recital C

3

Verts/ALE

+

vote: resolution (as a whole)

RCV

+

484, 58, 54

Requests for roll-call votes

PPE-DE: final vote

Requests for separate votes

PPE-DE: §§ 16, 28

Verts/ALE: §§ 8, 23, 25, 30, 32

Requests for split votes

ALDE, PSE

am 1

First part:‘Calls for the rights of workers ... representative bodies,’

Second part:‘especially European Works Councils ... honour its commitments;’

PPE-DE

§ 5

First part: text as a whole without the words ‘isolated national policies could hamper ... industrial policy and that’

Second part: those words

§ 10

First part:‘Recognises the need ... sustainable development;’

Second part:‘calls on the Commission ... more and better jobs;’

§ 12

First part:‘Is convinced that ... facilitate structural change;’

Second part:‘regrets the fact ... learning and training;’

Third part:‘urges the Member States ... scientific studies;’

§ 22

First part:‘Welcomes the concept ... of the market;’

Second part:‘believes, however ... action in R&D;’

Third part:‘encourages the Commission ... in practical terms;’

§ 25

First part:‘Considers that it might ... sustainability and competitiveness;’

Second part:‘points out that, ... manufacturing industries;’

§ 26

First part:‘Points out that ... and social players,’

Second part:‘to draw up ... by each region;’

Third part:‘calls on Member States ... Structural Funds in this respect;’

§ 27

First part:‘Points out that ... territorial dimension;’

Second part:‘notes that areas ... specific needs;’

Third part:‘calls on the Commission ... intensified among regions;’

Fourth part:‘facing similar problems ... and economic policies;’

Verts/ALE

§ 38

First part:‘Urges the Commission ... intellectual property rights;’

Second part:‘in this regard, considers ... goods enter the EU;’

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Recommendation: Stockmann A6-0212/2006

Amendment 11

For: 138

ALDE: Harkin

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Zimmer

IND/DEM: Batten, Bonde, Booth, Clark, Coûteaux, Farage, Knapman, Louis, Nattrass, Titford, Tomczak, de Villiers, Whittaker, Wise

NI: Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ebner, Rübig

PSE: Arif, Arnaoutakis, Bono, Bourzai, Castex, Cottigny, De Keyser, Désir, Douay, Ferreira Anne, Fruteau, Hazan, Hutchinson, Laignel, Lambrinidis, Le Foll, Lienemann, Locatelli, Matsouka, Peillon, Reynaud, Rocard, Roure, Savary, Schapira, Sifunakis, Tarabella, Trautmann, Tzampazi, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 494

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

IND/DEM: Belder, Blokland, Sinnott, Železný

NI: Allister, Battilocchio, Belohorská, Czarnecki Ryszard, De Michelis, Helmer, Mote, Piskorski, Rivera, Rutowicz

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, De Rossa, De Vits, Díez González, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Leichtfried, Leinen, Liberadzki, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarand, Thomsen, Titley, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 15

GUE/NGL: Remek

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Zapałowski

NI: Baco, Borghezio, Kilroy-Silk, Kozlík, Salvini, Speroni

PPE-DE: Seeberg

Verts/ALE: van Buitenen

Corrections to votes

For

Benoît Hamon, Katerina Batzeli, Panagiotis Beglitis

Abstention

Paul Rübig

2.   Report: Seppänen A6-0174/2006

Amendment 8/2

For: 558

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Brie, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Maštálka, Meijer, Meyer Pleite, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wagenknecht, Zimmer

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Grabowski, Krupa, Louis, Pęk, Piotrowski, Sinnott, Tomczak, de Villiers, Zapałowski, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Czarnecki Ryszard, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mussolini, Piskorski, Rivera, Romagnoli, Rutowicz, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Sifunakis, Siwiec, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Against: 79

ALDE: Resetarits

GUE/NGL: Adamou, Agnoletto, Aita, Catania, de Brún, Guidoni, Morgantini, Musacchio, Triantaphyllides

IND/DEM: Batten, Booth, Clark, Farage, Knapman, Nattrass, Titford, Whittaker, Wise

NI: Martin Hans-Peter

PSE: Andersson, Bullmann, Christensen, Corbey, Gebhardt, Groote, Gruber, Haug, Hedh, Hedkvist Petersen, Jørgensen, Kreissl-Dörfler, Kristensen, Leinen, Piecyk, Rothe, Segelström, Thomsen, Van Lancker, Weiler, Westlund

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 17

ALDE: Samuelsen

GUE/NGL: Manolakou, Markov, Pafilis, Toussas

IND/DEM: Rogalski

NI: Baco, Borghezio, Kilroy-Silk, Kozlík, Mote, Salvini, Speroni

PPE-DE: Coveney, Seeberg

UEN: Kamiński

Verts/ALE: van Buitenen

Corrections to votes

Against

Lissy Gröner, Poul Nyrup Rasmussen

3.   Report: Seppänen A6-0174/2006

Amendment 20/2

For: 626

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Zimmer

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski

NI: Allister, Battilocchio, Belohorská, Bobošíková, Borghezio, Chruszcz, Czarnecki Ryszard, De Michelis, Giertych, Helmer, Martin Hans-Peter, Mussolini, Piskorski, Rivera, Rutowicz, Salvini, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pinheiro, Pirker, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 23

ALDE: Lambsdorff

IND/DEM: Batten, Bonde, Booth, Clark, Farage, Knapman, Nattrass, Titford, Whittaker, Wise, Železný

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi

Abstention: 10

IND/DEM: Coûteaux, Louis, de Villiers

NI: Baco, Kilroy-Silk, Kozlík, Mote

PPE-DE: Coveney

PSE: Castex

Verts/ALE: van Buitenen

4.   Report: Seppänen A6-0174/2006

Amendment 23

For: 137

ALDE: Attwooll, Bourlanges, Bowles, Davies, Duff, Hall, Harkin, Jäätteenmäki, Jensen, Karim, Ludford, Lynne, Matsakis, Newton Dunn, Onyszkiewicz, Ortuondo Larrea, Resetarits, Samuelsen, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Guerreiro, Guidoni, Markov, Meijer, Morgantini, Musacchio, Papadimoulis, Pflüger, Triantaphyllides, Wagenknecht

IND/DEM: Bonde, Grabowski, Krupa, Piotrowski, Sinnott, Tomczak, Zapałowski

NI: Chruszcz, Czarnecki Ryszard, Giertych, Martin Hans-Peter, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Eurlings, Karas, Pirker, Protasiewicz, Rack, Rübig, Schierhuber, Seeberg

PSE: Andersson, Berès, Berger, Berman, Bösch, Bozkurt, Bullmann, Christensen, Corbey, De Vits, Ettl, Gebhardt, Grech, Gröner, Groote, Gruber, Hedh, Hedkvist Petersen, Jöns, Jørgensen, Kósáné Kovács, Kreissl-Dörfler, Kristensen, Leichtfried, Leinen, Muscat, Myller, Piecyk, Rapkay, Reynaud, Rothe, Scheele, Segelström, Swoboda, Van Lancker, Walter, Weiler, Westlund

UEN: Camre, Kuźmiuk, Maldeikis

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, van Buitenen, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 511

ALDE: Andrejevs, Andria, Beaupuy, Birutis, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hennis-Plasschaert, in 't Veld, Juknevičienė, Kacin, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Maaten, Manders, Mohácsi, Morillon, Mulder, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Pannella, Pistelli, Polfer, Prodi, Ries, Riis-Jørgensen, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski

GUE/NGL: Flasarová, Henin, Kaufmann, Kohlíček, Krarup, Manolakou, Maštálka, Meyer Pleite, Pafilis, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Zimmer

IND/DEM: Batten, Belder, Blokland, Booth, Clark, Coûteaux, Farage, Knapman, Louis, Nattrass, Rogalski, Titford, de Villiers, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Borghezio, Claeys, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Martinez, Masiel, Mölzer, Mote, Mussolini, Piskorski, Rivera, Romagnoli, Salvini, Schenardi, Speroni, Vanhecke

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berlinguer, Bono, Bourzai, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Kindermann, Kinnock, Koterec, Krehl, Kuc, Laignel, Lambrinidis, Le Foll, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Riera Madurell, Rocard, Rosati, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Schulz, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Vaugrenard, Vergnaud, Vincenzi, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Szymański, Tatarella, Wojciechowski Janusz, Zīle

Abstention: 12

ALDE: Alvaro, Savi, Toia

IND/DEM: Pęk

NI: Baco, Belohorská, Kilroy-Silk, Kozlík, Le Rachinel

PSE: Ferreira Anne, Gurmai

UEN: Vaidere

Corrections to votes

For

Saïd El Khadraoui, Eva-Britt Svensson, Jonas Sjöstedt, Poul Nyrup Rasmussen

Against

Jean-Louis Bourlanges

5.   Report: Seppänen A6-0174/2006

Amendment 24

For: 160

ALDE: Attwooll, Bowles, Davies, Duff, Hall, Harkin, Karim, Ludford, Lynne, Manders, Nicholson of Winterbourne, Ortuondo Larrea, Resetarits, Samuelsen, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Krarup, Liotard, Manolakou, Markov, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Booth, Clark, Farage, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Titford, Tomczak, Whittaker, Wise, Zapałowski

NI: Chruszcz, Giertych, Martin Hans-Peter, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Itälä, Karas, Pirker, Rack, Rübig, Schierhuber, Seeberg, Silva Peneda, Šťastný

PSE: Berger, Berman, Bösch, Bozkurt, Bullmann, Christensen, Corbey, De Vits, El Khadraoui, Ettl, Gebhardt, Grech, Gröner, Groote, Gruber, Haug, Hedh, Hedkvist Petersen, Jørgensen, Kreissl-Dörfler, Kristensen, Leichtfried, Leinen, Muscat, Piecyk, Rapkay, Reynaud, Rothe, Scheele, Segelström, Thomsen, Van Lancker, Walter, Weiler, Westlund

UEN: Bielan, Camre, Kamiński, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, van Buitenen, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 469

ALDE: Andrejevs, Andria, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Maaten, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Oviir, Pannella, Pistelli, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski

GUE/NGL: Henin, Kohlíček, Remek

IND/DEM: Coûteaux, Louis, Sinnott, de Villiers, Železný

NI: Allister, Battilocchio, Bobošíková, Claeys, Czarnecki Ryszard, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Mussolini, Piskorski, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Škottová, Sommer, Sonik, Spautz, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, van den Berg, Berlinguer, Bono, Bourzai, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Corbett, Correia, Cottigny, De Keyser, De Rossa, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Gomes, Gottardi, Grabowska, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kuc, Laignel, Lambrinidis, Le Foll, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Riera Madurell, Rocard, Rosati, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Vaugrenard, Vergnaud, Vincenzi, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani

UEN: Angelilli, Aylward, Berlato, Crowley, Didžiokas, Foglietta, Krasts, Kristovskis, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Ryan, Tatarella, Vaidere, Zīle

Abstention: 20

ALDE: Alvaro, Matsakis, Toia

NI: Baco, Belohorská, Borghezio, Kilroy-Silk, Kozlík, Salvini, Speroni

PPE-DE: Coveney, Eurlings

PSE: Ferreira Anne

UEN: Foltyn-Kubicka, Janowski, Kuźmiuk, Libicki, Podkański, Roszkowski, Szymański

Corrections to votes

For

John Attard-Montalto, Richard Seeber, Poul Nyrup Rasmussen

6.   Report: Seppänen A6-0174/2006

Amendment 25

For: 166

ALDE: Attwooll, Bowles, Davies, Duff, Hall, Harkin, Karim, Lambsdorff, Ludford, Lynne, Ortuondo Larrea, Resetarits, Samuelsen, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Triantaphyllides, Uca, Wagenknecht, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Booth, Clark, Farage, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Titford, Tomczak, Whittaker, Wise, Zapałowski

NI: Chruszcz, Czarnecki Ryszard, Giertych, Martin Hans-Peter, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Dehaene, Karas, Pirker, Rack, Rübig, Schierhuber, Seeberg

PSE: Andersson, Berger, Berman, Bösch, Bozkurt, Bullmann, Christensen, Corbey, De Vits, El Khadraoui, Ettl, Gebhardt, Grech, Gröner, Groote, Gruber, Haug, Hedh, Hedkvist Petersen, Jørgensen, Kreissl-Dörfler, Kristensen, Leichtfried, Leinen, Muscat, Piecyk, Rapkay, Rasmussen, Reynaud, Rothe, Scheele, Segelström, Swoboda, Thomsen, Van Lancker, Walter, Weiler, Westlund

UEN: Bielan, Camre, Didžiokas, Kamiński, La Russa, Maldeikis, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 471

ALDE: Andrejevs, Andria, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Losco, Maaten, Manders, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Pannella, Pistelli, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski

GUE/NGL: Henin

IND/DEM: Železný

NI: Allister, Battilocchio, Bobošíková, Claeys, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Jean-Marie, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Mussolini, Piskorski, Rivera, Romagnoli, Schenardi, Speroni, Vanhecke

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Saïfi, Samaras, Sartori, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berlinguer, Bono, Bourzai, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gurmai, Guy-Quint, Hänsch, Hamon, Harangozó, Hasse Ferreira, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kuc, Laignel, Lambrinidis, Le Foll, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Moscovici, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Riera Madurell, Rocard, Rosati, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Crowley, Foglietta, Krasts, Kristovskis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Ryan, Tatarella, Vaidere, Zīle

Abstention: 23

ALDE: Alvaro, Matsakis

GUE/NGL: Remek

IND/DEM: Coûteaux, Louis, de Villiers

NI: Baco, Belohorská, Borghezio, Kilroy-Silk, Kozlík, Salvini

PPE-DE: Coveney, Eurlings

PSE: Schulz

UEN: Foltyn-Kubicka, Janowski, Kuźmiuk, Libicki, Podkański, Roszkowski, Szymański

Verts/ALE: van Buitenen

Corrections to votes

For

John Attard-Montalto,Richard Seeber

7.   Report: Calabuig Rull A6-0206/2006

Resolution

For: 484

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Koch-Mehrin, Kułakowski, Lambsdorff, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Pannella, Pistelli, Polfer, Prodi, Resetarits, Riis-Jørgensen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

IND/DEM: Bonde

NI: Battilocchio, Belohorská, Borghezio, Czarnecki Ryszard, De Michelis, Kozlík, Masiel, Piskorski, Rivera, Rutowicz, Salvini

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso González, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Lewandowski, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Poettering, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Hänsch, Hamon, Harangozó, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Krehl, Kristensen, Kuc, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Miguélez Ramos, Mikko, Moraes, Morgan, Moscovici, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Panzeri, Patrie, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Xenogiannakopoulou, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Podkański, Roszkowski, Ryan, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Against: 58

GUE/NGL: Manolakou, Pafilis, Pflüger, Toussas, Wagenknecht

IND/DEM: Batten, Belder, Blokland, Booth, Clark, Knapman, Nattrass, Sinnott, Titford, Whittaker, Wise

NI: Allister, Chruszcz, Giertych, Kilroy-Silk, Martin Hans-Peter, Mote, Wojciechowski Bernard Piotr

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Flautre, de Groen-Kouwenhoven, Hammerstein Mintz, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 54

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Triantaphyllides, Uca, Zimmer

IND/DEM: Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, de Villiers, Zapałowski, Železný

NI: Baco, Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Rachinel, Romagnoli, Schenardi, Vanhecke

PPE-DE: Koch, Sommer, Strejček

PSE: Kreissl-Dörfler

Verts/ALE: van Buitenen

---

TEXTS ADOPTED

P6_TA(2006)0297

Strengthening cross-border police cooperation *

European Parliament legislative resolution on the initiative by the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (6930/2005 — C6-0117/2005 — 2005/0804(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Kingdom of the Netherlands (6930/2005) (1), |
| --- | --- |

—

having regard to the initiative by the Kingdom of the Netherlands (6930/2005) (1),

| — | having regard to Article 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Article 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0117/2005), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0117/2005),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0222/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0222/2006);

| 1. | Approves the initiative by the Kingdom of the Netherlands as amended; |
| --- | --- |

1.

Approves the initiative by the Kingdom of the Netherlands as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative by the Kingdom of the Netherlands substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative by the Kingdom of the Netherlands substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of the Netherlands. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of the Netherlands.

| (3a) | The basis for this Decision is the Council Conclusions of 13 July 2001 on security at European Council meetings and other comparable events. |
| --- | --- |

(3a)

The basis for this Decision is the Council Conclusions of 13 July 2001 on security at European Council meetings and other comparable events.

| (3b) | This Decision builds on the arrangements provided for in Joint Action 97/339/JHA of 26 May 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union with regard to cooperation on law and order and security (2) and the Council Resolution of 29 April 2004 on security at European Council meetings and other comparable events (3). |
| --- | --- |

(3b)

This Decision builds on the arrangements provided for in Joint Action 97/339/JHA of 26 May 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union with regard to cooperation on law and order and security (2) and the Council Resolution of 29 April 2004 on security at European Council meetings and other comparable events (3).

| (4) | In the light of that trend, and following on from earlier initiatives (4), it is necessary to step up international police cooperation in this area. |
| --- | --- |

(4)

In the light of that trend, and following on from earlier initiatives (4), it is necessary to step up international police cooperation in this area.

| (4) | In the light of that trend, and following on from earlier initiatives, it is necessary to step up international police cooperation in this area
  , in accordance with the principles of proportionality and subsidiarity and in compliance with European rules on the protection of privacy
  . |
| --- | --- |

(4)

In the light of that trend, and following on from earlier initiatives, it is necessary to step up international police cooperation in this area
  , in accordance with the principles of proportionality and subsidiarity and in compliance with European rules on the protection of privacy
  .

| (5) | The possibilities afforded by the Schengen acquis are insufficient to ensure effective cross border assistance, |
| --- | --- |

(5)

The possibilities afforded by the Schengen acquis are insufficient to ensure effective cross border assistance,

deleted

| 1. | In the last quarter of each calendar year the Presidency of the Council shall present an overview of the international assistance expected to be required in the following calendar year. |
| --- | --- |

1.

In the last quarter of each calendar year the Presidency of the Council shall present an overview of the international assistance expected to be required in the following calendar year.

| 1. | In the last quarter of each calendar year the Presidency of the Council shall present an overview of the international assistance expected to be required in the following calendar year.
  If, following the expiry of that period, a Member State requests assistance in connection with an unanticipated event, the Presidency shall immediately add that event to the overview and notify the Council thereof in confidence. |
| --- | --- |

1.

In the last quarter of each calendar year the Presidency of the Council shall present an overview of the international assistance expected to be required in the following calendar year.
  If, following the expiry of that period, a Member State requests assistance in connection with an unanticipated event, the Presidency shall immediately add that event to the overview and notify the Council thereof in confidence.

4a.
     
  This mechanism shall be complementary to the one established in Joint Action 97/339/JHA.

5.
     
  The Presidency shall send the review referred to in paragraph 1 to the Council for confidential perusal.

deleted

1.   The General Secretariat of the Council shall assist the Member States by researching existing agreements on cross-border assistance.

1.   The General Secretariat of the Council shall assist the Member States by researching existing agreements on cross-border assistance.

2.   Member States shall forward the texts of
  such
  agreements to the General Secretariat of the Council
  no later than six months after the entry into force of this Decision
  .

2.   Member States shall forward the texts of
  existing
  agreements
  and of new initiatives or those in the process of being developed
  to the General Secretariat of the Council.

3.   
  Within one year at the latest,
  the Council shall discuss
  , on the basis of the results of the research referred to in the first paragraph, whether
  the
  main
  difficulties observed
  can be resolved by adapting
  the relevant European legislation
  , and in particular the Schengen Convention
  .

3.   
  On the basis of the information obtained,
  the Council shall discuss the
  bottlenecks and
  difficulties observed
  and whether it is necessary to adapt
  the relevant European legislation.

---

(1)  OJ C 101, 27.4.2005, p. 36.

(2)  

  OJ L 147, 5.6.1997, p. 1



  .

(3)  

  OJ C 116, 30.4.2004, p. 18



  .

(4)  
  Council Resolution of 29 April 2004 on security at European Council meetings and other comparable events (



  OJ C 116, 30.4.2004, p. 18



  ).

P6_TA(2006)0298

Technical requirements for inland waterway vessels ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (13274/1/2005 — C6-0091/2006 — 1997/0335(COD))

(Codecision procedure: Second reading)

The European Parliament,

| — | having regard to the Council common position (13274/1/2005 — C6-0091/2006), |
| --- | --- |

—

having regard to the Council common position (13274/1/2005 — C6-0091/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(1997)0644) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(1997)0644) (2),

| — | having regard to the amended Commission proposal (COM(2000)0419) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2000)0419) (3),

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

—

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

| — | having regard to Rule 62 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0208/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0208/2006);

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  OJ C 341, 9.11.1998, p. 34 and OJ C 54, 25.2.2000, p. 79.

(2)  OJ C 105, 6.4.1998, p. 1.

(3)  Not yet published in OJ.

P6_TC2-COD(1997)0335

Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of European Parliament and Council Directive 2006/.../EC laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

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

Following consultation of the Committee of the Regions,

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

Whereas:

| (1) | Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (3) introduced harmonised conditions for issuing technical certificates for inland waterway vessels in all Member States, albeit excluding operations on the Rhine. Nevertheless, at European level, various technical requirements for inland waterway vessels have remained in force. Up to now, the coexistence of various international and national regulations has obstructed efforts to ensure mutual recognition of national navigation certificates without the need for an additional inspection of foreign vessels. Furthermore, the standards contained in Directive 82/714/EEC, in part, no longer reflect current technological developments. |
| --- | --- |

(1)

Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (3) introduced harmonised conditions for issuing technical certificates for inland waterway vessels in all Member States, albeit excluding operations on the Rhine. Nevertheless, at European level, various technical requirements for inland waterway vessels have remained in force. Up to now, the coexistence of various international and national regulations has obstructed efforts to ensure mutual recognition of national navigation certificates without the need for an additional inspection of foreign vessels. Furthermore, the standards contained in Directive 82/714/EEC, in part, no longer reflect current technological developments.

| (2) | Essentially, the technical requirements set out in the annexes to Directive 82/714/EEC incorporate the provisions laid down in the Rhine Vessel Inspection Regulation, in the version approved by the Central Commission for Navigation on the Rhine (CCNR) in 1982. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation have been revised regularly since then and are recognised as reflecting current technological developments. For competition and safety reasons it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt the scope and content of such technical requirements for the whole of the Community's inland waterway network. Account should be taken in this regard of the changes that have occurred in that network. |
| --- | --- |

(2)

Essentially, the technical requirements set out in the annexes to Directive 82/714/EEC incorporate the provisions laid down in the Rhine Vessel Inspection Regulation, in the version approved by the Central Commission for Navigation on the Rhine (CCNR) in 1982. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation have been revised regularly since then and are recognised as reflecting current technological developments. For competition and safety reasons it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt the scope and content of such technical requirements for the whole of the Community's inland waterway network. Account should be taken in this regard of the changes that have occurred in that network.

| (3) | Community inland navigation certificates attesting the full compliance of vessels with the aforementioned revised technical requirements should be valid on all Community inland waterways. |
| --- | --- |

(3)

Community inland navigation certificates attesting the full compliance of vessels with the aforementioned revised technical requirements should be valid on all Community inland waterways.

| (4) | It is desirable to ensure a greater degree of harmonisation between the conditions for the issuing of supplementary Community inland navigation certificates by Member States for operations on Zone 1 and 2 waterways (estuaries), as well as for operations on Zone 4 waterways. |
| --- | --- |

(4)

It is desirable to ensure a greater degree of harmonisation between the conditions for the issuing of supplementary Community inland navigation certificates by Member States for operations on Zone 1 and 2 waterways (estuaries), as well as for operations on Zone 4 waterways.

| (5) | In the interests of passenger transport safety, it is desirable that the scope of Directive 82/714/EEC be extended to include passenger vessels designed to carry more than 12 passengers, along the lines of the Rhine Vessel Inspection Regulation. |
| --- | --- |

(5)

In the interests of passenger transport safety, it is desirable that the scope of Directive 82/714/EEC be extended to include passenger vessels designed to carry more than 12 passengers, along the lines of the Rhine Vessel Inspection Regulation.

| (6) | In the interests of safety, harmonisation of standards should be at a high level and should be achieved in such a way so as not to result in any reduction in safety standards on any Community inland waterway. |
| --- | --- |

(6)

In the interests of safety, harmonisation of standards should be at a high level and should be achieved in such a way so as not to result in any reduction in safety standards on any Community inland waterway.

| (7) | It is appropriate to provide for a transitional regime for vessels in service not yet carrying a Community inland navigation certificate when subjected to a first technical inspection under the revised technical requirements established by this Directive. |
| --- | --- |

(7)

It is appropriate to provide for a transitional regime for vessels in service not yet carrying a Community inland navigation certificate when subjected to a first technical inspection under the revised technical requirements established by this Directive.

| (8) | It is appropriate, within certain limits and according to the category of vessel concerned, to determine the period of validity of Community inland navigation certificates in each specific case. |
| --- | --- |

(8)

It is appropriate, within certain limits and according to the category of vessel concerned, to determine the period of validity of Community inland navigation certificates in each specific case.

| (9) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). |
| --- | --- |

(9)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

| (10) | It is necessary that the measures provided for in Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licenses for inland waterway vessels (5) remain in force for those vessels not covered by this Directive. |
| --- | --- |

(10)

It is necessary that the measures provided for in Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licenses for inland waterway vessels (5) remain in force for those vessels not covered by this Directive.

| (11) | Given that some vessels fall within the scope of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (6) as well as of this directive, the annexes of the two directives should be adjusted by the relevant committee procedures as soon as possible if there are any contradictions or inconsistencies between the provisions of those directives. |
| --- | --- |

(11)

Given that some vessels fall within the scope of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (6) as well as of this directive, the annexes of the two directives should be adjusted by the relevant committee procedures as soon as possible if there are any contradictions or inconsistencies between the provisions of those directives.

| (12) | In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. |
| --- | --- |

(12)

In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

| (13) | Directive 82/714/EEC should be repealed, |
| --- | --- |

(13)

Directive 82/714/EEC should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Classification of waterways

1.   For the purposes of this Directive, Community inland waterways shall be classified as follows:

| (a) | Zones 1, 2, 3 and 4:






  (i) | Zones 1 and 2: the waterways listed in Chapter 1 of Annex I; |
| --- | --- | --- |

(a)

Zones 1, 2, 3 and 4:

(i)

Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;

| (ii) | Zone 3: the waterways listed in Chapter 2 of Annex I; |
| --- | --- |

(ii)

Zone 3: the waterways listed in Chapter 2 of Annex I;

| (iii) | Zone 4: the waterways listed in Chapter 3 of Annex I. |
| --- | --- |

(iii)

Zone 4: the waterways listed in Chapter 3 of Annex I.

| (b) | Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded when this Directive enters into force. |
| --- | --- |

(b)

Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded when this Directive enters into force.

2.   Any Member State may, after consulting the Commission, modify the classification of its waterways into the zones listed in Annex I. The Commission shall be notified of these modifications at least six months before their entry into force and shall inform the other Member States.

Article 2

Scope of application

1.   This Directive shall, in accordance with Article 1.01 of Annex II, apply to the following craft:

| (a) | vessels having a length (L) of 20 metres or more; |
| --- | --- |

(a)

vessels having a length (L) of 20 metres or more;

| (b) | vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 m3 or more. |
| --- | --- |

(b)

vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 m3 or more.

2.   This Directive shall also apply, in accordance with Article 1.01 of Annex II, to all of the following craft:

| (a) | tugs and pushers intended for towing or pushing craft referred to in paragraph 1 or floating equipment or for moving such craft or floating equipment alongside; |
| --- | --- |

(a)

tugs and pushers intended for towing or pushing craft referred to in paragraph 1 or floating equipment or for moving such craft or floating equipment alongside;

| (b) | vessels intended for passenger transport which carry more than 12 passengers in addition to the crew; |
| --- | --- |

(b)

vessels intended for passenger transport which carry more than 12 passengers in addition to the crew;

| (c) | floating equipment. |
| --- | --- |

(c)

floating equipment.

3.   The following craft shall be excluded from this Directive:

| (a) | ferries; |
| --- | --- |

(a)

ferries;

| (b) | naval vessels; |
| --- | --- |

(b)

naval vessels;

| (c) | sea-going vessels, including sea-going tugs and pusher craft, which:






  (i) | operate or are based on tidal waters; |
| --- | --- | --- |

(c)

sea-going vessels, including sea-going tugs and pusher craft, which:

(i)

operate or are based on tidal waters;

| (ii) | operate temporarily on inland waterways, provided that they carry:






  — | a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent, a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL); or |
| --- | --- | --- |

(ii)

operate temporarily on inland waterways, provided that they carry:

—

a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent, a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL); or

| — | in the case of passenger vessels not covered by all of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (8); or |
| --- | --- |

—

in the case of passenger vessels not covered by all of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (8); or

| — | in the case of recreational craft not covered by all of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag. |
| --- | --- |

—

in the case of recreational craft not covered by all of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag.

Article 3

Obligation to carry a certificate

1.   Craft operating on the Community inland waterways referred to in Article 1 shall carry:

| (a) | when operating on a Zone R waterway:






  — | either a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation; |
| --- | --- | --- |

(a)

when operating on a Zone R waterway:

—

either a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation;

| — | or a Community inland navigation certificate issued or renewed after ... (9) and attesting full compliance of the craft, without prejudice to the transitional provisions of Chapter 24 of Annex II, with technical requirements as defined in Annex II for which equivalency with the technical requirements laid down in application of the abovementioned Convention has been established according to the applicable rules and procedures; |
| --- | --- |

—

or a Community inland navigation certificate issued or renewed after ... (9) and attesting full compliance of the craft, without prejudice to the transitional provisions of Chapter 24 of Annex II, with technical requirements as defined in Annex II for which equivalency with the technical requirements laid down in application of the abovementioned Convention has been established according to the applicable rules and procedures;

| (b) | when operating on other waterways, a Community inland navigation certificate, including, where applicable, the specifications referred to in Article 5. |
| --- | --- |

(b)

when operating on other waterways, a Community inland navigation certificate, including, where applicable, the specifications referred to in Article 5.

2.   The Community inland navigation certificate shall be drawn up following the model set out in Part I of Annex V and shall be issued in accordance with this Directive.

Article 4

Supplementary Community inland navigation certificates

1.   All craft carrying a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation may, subject to the provisions of Article 5(5) of this Directive, navigate on Community waterways carrying that certificate only.

2.   However, all craft carrying the certificate referred to in paragraph 1 shall also be provided with a supplementary Community inland navigation certificate:

| (a) | when operating on Zone 3 and 4 waterways, if they wish to take advantage of the reduction in technical requirements on those waterways; |
| --- | --- |

(a)

when operating on Zone 3 and 4 waterways, if they wish to take advantage of the reduction in technical requirements on those waterways;

| (b) | when operating on Zone 1 and 2 waterways, or, in respect of passenger vessels, when operating on Zone 3 waterways that are not linked to the navigable inland waterways of another Member State, if the Member State concerned has adopted additional technical requirements for those waterways, in accordance with Article 5(1), (2) and (3). |
| --- | --- |

(b)

when operating on Zone 1 and 2 waterways, or, in respect of passenger vessels, when operating on Zone 3 waterways that are not linked to the navigable inland waterways of another Member State, if the Member State concerned has adopted additional technical requirements for those waterways, in accordance with Article 5(1), (2) and (3).

3.   The supplementary Community inland navigation certificate shall be drawn up following the model set out in Part II of Annex V and shall be issued by the competent authorities on production of the certificate referred to in paragraph 1 and under the conditions laid down by the authorities competent for the waterways concerned.

Article 5

Additional or reduced technical requirements for certain zones

1.   Each Member State may, after consulting the Commission, and where applicable subject to the requirements of the Revised Convention for Rhine Navigation, adopt technical requirements additional to those in Annex II for craft operating on Zone 1 and 2 waterways within its territory.

2.   In respect of passenger vessels operating on Zone 3 waterways within its territory that are not linked to the navigable inland waterways of another Member State, each Member State may maintain technical requirements additional to those in Annex II. Amendments to such technical requirements shall require the prior approval of the Commission.

3.   The additional requirements shall be restricted to the subjects listed in Annex III. The Commission shall be notified of these additional requirements at least six months before their entry into force and shall inform the other Member States.

4.   Compliance with the additional requirements shall be specified in the Community inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Community inland navigation certificate. Such proof of compliance shall be recognised on Community waterways of the corresponding zone.

| 5. | (a) | Where application of the transitional provisions set out in Chapter 24a of Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of inland waterway passenger vessels operating on its inland waterways that are not linked to the navigable inland waterways of another Member State. In such circumstances, the Member State may require that such vessels operating on its non-linked inland waterways comply fully with the technical requirements set out in Annex II from ... (9). |
| --- | --- | --- |
| (b) | A Member State exercising the provision in point (a) shall inform the Commission of its decision and provide the Commission with details of the relevant national standards applying to passenger vessels operating on its inland waterways. The Commission shall inform the Member States. |
| (c) | Compliance with the requirements of a Member State for operating on its non-linked inland waterways shall be specified in the Community inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Community inland navigation certificate. |

5.

(a)

Where application of the transitional provisions set out in Chapter 24a of Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of inland waterway passenger vessels operating on its inland waterways that are not linked to the navigable inland waterways of another Member State. In such circumstances, the Member State may require that such vessels operating on its non-linked inland waterways comply fully with the technical requirements set out in Annex II from ... (9).

(b)

A Member State exercising the provision in point (a) shall inform the Commission of its decision and provide the Commission with details of the relevant national standards applying to passenger vessels operating on its inland waterways. The Commission shall inform the Member States.

(c)

Compliance with the requirements of a Member State for operating on its non-linked inland waterways shall be specified in the Community inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Community inland navigation certificate.

6.   Craft operating only on Zone 4 waterways shall qualify for the reduced requirements as specified in Chapter 19b of Annex II on all waterways in that zone. Compliance with those reduced requirements shall be specified in the Community inland navigation certificate referred to in Article 3.

7.   Each Member State may, after consulting the Commission, allow a reduction of the technical requirements of Annex II for craft operating exclusively on Zone 3 and 4 waterways within its territory.

Such a reduction shall be restricted to the subjects listed in Annex IV. Where the technical characteristics of a craft correspond to the reduced technical requirements, this shall be specified in the Community inland navigation certificate or, where Article 4(2) applies, in the supplementary Community inland navigation certificate.

The Commission shall be notified of the reductions of the technical requirements of Annex II at least six months before they come into force and shall inform the other Member States.

Article 6

Dangerous goods

Any craft carrying a certificate issued pursuant to the Regulation for the transport of dangerous substances on the Rhine (the ‘ADNR’) may carry dangerous goods throughout the territory of the Community under the conditions stated in that certificate.

Any Member State may require that craft which do not carry such a certificate shall only be authorised to carry dangerous goods within its territory if the craft comply with requirements additional to those set out in this Directive. The Commission shall be notified of such requirements and shall inform the other Member States.

Article 7

Derogations

1.   Member States may authorise derogations from all or part of this Directive for:

| (a) | vessels, tugs, pushers and floating equipment operating on navigable waterways not linked by inland waterway to the waterways of other Member States; |
| --- | --- |

(a)

vessels, tugs, pushers and floating equipment operating on navigable waterways not linked by inland waterway to the waterways of other Member States;

| (b) | craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 m3, which were laid down before 1 January 1950 and operate exclusively on a national waterway. |
| --- | --- |

(b)

craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 m3, which were laid down before 1 January 1950 and operate exclusively on a national waterway.

2.   Member States may authorise in respect of navigation on their national waterways derogations from one or more provisions of this Directive for limited journeys of local interest or in harbour areas. These derogations and the journeys or area for which they are valid shall be specified in the vessel's certificate.

3.   The Commission shall be notified of derogations authorised in accordance with paragraphs 1 and 2 and shall inform the other Member States.

4.   Any Member State which, as a result of derogations authorised in accordance with paragraphs 1 and 2, has no craft subject to the provisions of this Directive operating on its waterways shall not be required to comply with Articles 9, 10 and 12.

Article 8

Issuance of Community inland navigation certificates

1.   The Community inland navigation certificate shall be issued to craft laid down as from ... (9) following a technical inspection carried out prior to the craft being put into service and intended to check whether the craft complies with the technical requirements laid down in Annex II.

2.   The Community inland navigation certificate shall be issued to craft excluded from the scope of Directive 82/714/EEC, but covered by this Directive in accordance with Article 2(1) and (2), following a technical inspection which shall be carried out upon expiry of the craft's current certificate, but in any case no later than ... (10), to check whether the craft complies with the technical requirements laid down in Annex II. In Member States where the validity period of the craft's current national certificate is shorter than five years, such certificate may be issued until five years after ... (10).

Any failure to meet the technical requirements laid down in Annex II shall be specified in the Community inland navigation certificate. Provided that the competent authorities consider that these shortcomings do not constitute a manifest danger, the craft referred to in the first subparagraph may continue to operate until such time as those components or areas of the craft which have been certified as not meeting those requirements are replaced or altered, whereafter those components or areas shall meet the requirements of Annex II.

3.   Manifest danger within the meaning of this Article shall be presumed in particular when requirements concerning the structural soundness of the shipbuilding, the navigation or manoeuvrability or special features of the craft in accordance with Annex II are affected. Derogations as allowed for in Annex II shall not be identified as shortcomings which constitute a manifest danger.

The replacement of existing parts with identical parts or parts of an equivalent technology and design during routine repairs and maintenance shall not be considered as a replacement within the meaning of this Article.

4.   Compliance of a craft with the additional requirements referred to in Article 5(1), (2) and (3) shall, where appropriate, be checked during the technical inspections provided for in paragraphs 1 and 2 of this Article, or during a technical inspection carried out at the request of the vessel's owner.

Article 9

Competent authorities

1.   Community inland navigation certificates may be issued by the competent authorities of any Member State.

2.   Each Member State shall draw up a list indicating which of its authorities are competent for issuing the Community inland navigation certificates and shall notify the Commission thereof. The Commission shall inform the other Member States.

Article 10

Carrying out of technical inspections

1.   The technical inspection referred to in Article 8 shall be carried out by the competent authorities which may refrain from subjecting the craft in whole or in part to technical inspection where it is evident from a valid attestation, issued by a recognised classification society in accordance with Article 1.01 of Annex II, that the craft satisfies in whole or in part the technical requirements of Annex II. Classification societies shall only be recognised if they fulfil the criteria listed in Part I of Annex VII.

2.   Each Member State shall draw up a list indicating which of its authorities are competent for carrying out technical inspections and shall notify the Commission thereof. The Commission shall inform the other Member States.

Article 11

Validity of Community inland navigation certificates

1.   The period of validity of Community inland navigation certificates shall be determined in each specific case by the authority competent for issuing such certificates in accordance with Annex II.

2.   Each Member State may, in the cases specified in Articles 12 and 16 and in Annex II, issue provisional Community inland navigation certificates. Provisional Community inland navigation certificates shall be drawn up following the model set out in Part III of Annex V.

Article 12

Replacement of Community inland navigation certificates

Each Member State shall lay down the conditions under which a valid Community inland navigation certificate which has been lost or damaged may be replaced.

Article 13

Renewal of Community inland navigation certificates

1.   The Community inland navigation certificate shall be renewed on expiry of its period of validity in accordance with the conditions laid down in Article 8.

2.   For the renewal of Community inland navigation certificates issued before ... (9), the transitional provisions of Annex II shall apply.

3.   For the renewal of Community inland navigation certificates issued after ... (9), the transitional provisions of Annex II which have come into force after the issuing of such certificates shall apply.

Article 14

Extension of validity of Community inland navigation certificates

The validity of a Community inland navigation certificate may exceptionally be extended without a technical inspection in accordance with Annex II by the authority which issued or renewed it. Such extension shall be indicated on that certificate.

Article 15

Issuance of new Community inland navigation certificates

In the event of major alterations or repairs which affect the structural soundness of the shipbuilding, the navigation or manoeuvrability or special features of the craft in accordance with Annex II, the latter shall again undergo, prior to any further voyage, the technical inspection provided for in Article 8. Following this inspection, a new Community inland navigation certificate stating the technical characteristics of the craft shall be issued or the existing certificate amended accordingly. If this certificate is issued in a Member State other than that which issued or renewed the initial certificate, the competent authority which issued or renewed the certificate shall be informed accordingly within one month.

Article 16

Refusal to issue or renew, and withdrawal of, Community inland navigation certificates

Any decision to refuse to issue or renew a Community inland navigation certificate shall state the grounds on which it is based. The person concerned shall be notified thereof and of the appeal procedure and its time limits in the Member State concerned.

Any valid Community inland navigation certificate may be withdrawn by the competent authority which issued or renewed it if the craft ceases to comply with the technical requirements specified in its certificate.

Article 17

Additional inspections

The competent authorities of a Member State may, in accordance with Annex VIII, check at any time whether a craft is carrying a certificate valid under the terms of this Directive and satisfies the requirements set out in such certificate or constitutes a manifest danger for the persons on board, the environment or the navigation. The competent authorities shall take the necessary measures in accordance with Annex VIII.

Article 18

Recognition of navigability certificates of craft from third countries

Pending the conclusion of agreements on the mutual recognition of navigability certificates between the Community and third countries, the competent authorities of a Member State may recognise the navigability certificates of craft from third countries for navigation on the waterways of that Member State.

The issuance of Community inland navigation certificates to craft from third countries shall be carried out in accordance with Article 8(1).

Article 19

Committee procedure

1.   The Commission shall be assisted by the Committee established under Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (11) (hereinafter referred to as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 20

Adaptation of the annexes and recommendations on provisional certificates

1.   Any amendments which are necessary to adapt the annexes to this Directive to technical progress or to developments in this area arising from the work of other international organisations, in particular that of the Central Commission for Navigation on the Rhine (CCNR), to ensure that the two certificates referred to in Article 3(1)(a) are issued on the basis of technical requirements which guarantee an equivalent level of safety, or to take account of the cases referred to in Article 5, shall be adopted by the Commission in accordance with the procedure referred to in Article 19(2).

Those amendments shall be made rapidly in order to ensure that the technical requirements necessary for the issuing of the Community inland navigation certificate recognised for navigation on the Rhine give a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation.

2.   The Commission shall decide on recommendations from the Committee on the issuance of provisional Community inland navigation certificates in accordance with Article 2.19 of Annex II.

Article 21

Continued applicability of Directive 76/135/EEC

For those craft outside the scope of Article 2(1) and (2) of this Directive, but falling within the scope of Article 1(a) of Directive 76/135/EEC, the provisions of that Directive shall apply.

Article 22

National additional or reduced requirements

Additional requirements which were in force in a Member State before ... (9) for craft operating within its territory on Zone 1 and 2 waterways or reduced technical requirements for craft operating within its territory on Zone 3 and 4 waterways which were in force in a Member State before that date shall continue to be in force until additional requirements in accordance with Article 5(1) or reductions in accordance with Article 5(7) of the technical prescriptions of Annex II come into force, but only until ... (12).

Article 23

Transposition

1.   Member States which have inland waterways as referred to in Article 1(1) shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from ... (9). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall immediately communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.

Article 24

Penalties

Member States shall lay down a system of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that these penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.

Article 25

Repeal of Directive 82/714/EEC

Directive 82/714/EEC shall be repealed with effect from ... (9).

Article 26

Entry into force

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

Article 27

Addressees

This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1).

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 157, 25.5.1998, p. 17.

1

(2)  Position of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 79), Council Common Position of 23 February 2006 (not yet published in the Official Journal) and Position of the European Parliament of 5 July 2006.

2

Position

23 February 2006

5 July 2006

(3)  OJ L 301, 28.10.1982, p. 1. Directive as last amended by the 2003 Act of Accession.

3

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

4

(5)  OJ L 21, 29.1.1976, p. 10. Directive as last amended by Directive 78/1016/EEC (OJ L 349, 13.12.1978, p. 31).

5

(6)  

  OJ L 164, 30.6.1994, p. 15. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

6

OJ L 164, 30.6.1994, p. 15. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(7)  OJ C 321, 31.12.2003, p. 1.

7

(8)  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).

8

(9)  2 years after the date of entry into force of this Directive.

9

(10)  12 years after the date of entry into force of this Directive.

10

(11)  OJ L 373, 31.12.1991, p. 29. 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).

11

(12)  30 months after the date of entry into force of this Directive.

12

ANNEX I

LIST OF COMMUNITY INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2, 3 AND 4

CHAPTER 1

Zone 1

Federal Republic of Germany

| Ems: | from a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven seawards as far as latitude 53°30′N and longitude 6°45′E, i.e. slightly seawards of the lightering area for dry-cargo carriers in the Alte Ems (1) |
| --- | --- |

Ems:

from a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven seawards as far as latitude 53°30′N and longitude 6°45′E, i.e. slightly seawards of the lightering area for dry-cargo carriers in the Alte Ems (1)

Republic of Poland

The part of Pomorska Bay southward from the line linking NordPerd on Rugen Island and the lighthouse Niechorze.

The part of Gdańska Bay southward from the line linking the lighthouse Hel and the entrance buoy to the port of Baltijsk.

United Kingdom of Great Britain and Northern Ireland

| SCOTLAND |
| --- |
| Blue Mull Sound | Between Gutcher and Belmont. |
| Yell Sound | Between Tofts Voe and Ulsta. |
| Sullom Voe | Within a line from the north-east point of Gluss Island to the northern point of Calback Ness. |
| Dales Voe | In winter: | within a line from the north point of Kebister Ness to the Coast of Breiwick at longitude 1°10,8′W |

SCOTLAND

Blue Mull Sound

Between Gutcher and Belmont.

Yell Sound

Between Tofts Voe and Ulsta.

Sullom Voe

Within a line from the north-east point of Gluss Island to the northern point of Calback Ness.

Dales Voe

In winter:

within a line from the north point of Kebister Ness to the Coast of Breiwick at longitude 1°10,8′W

Dales Voe

In summer:

| | as for Lerwick |
| --- | --- |

as for Lerwick

Lerwick

In winter:

| | within the area bounded to the northward by a line from Scottle Holm to Scarfi Taing on Bressay and to the southward by a line from Twageos Point Lighthouse to Whalpa Taing on Bressay |
| --- | --- |

within the area bounded to the northward by a line from Scottle Holm to Scarfi Taing on Bressay and to the southward by a line from Twageos Point Lighthouse to Whalpa Taing on Bressay

Lerwick

In summer:

| | within the area bounded to the northward by a line from Brim Ness to the north east corner of Inner Score and to the southward by a line from the south end of Ness of Sound to Kirkabisterness |
| --- | --- |

within the area bounded to the northward by a line from Brim Ness to the north east corner of Inner Score and to the southward by a line from the south end of Ness of Sound to Kirkabisterness

Kirkwall

Between Kirkwall and Rousay not east of a line between Point of Graand (Egilsay) and Galt Ness (Shapinsay) or between Head of Work (Mainland) through Helliar Holm light to the shore of Shapinsay; not north west of the south east tip of Eynhallow Island, not to seaward and a line between the shore on Rousay at 59°10,5′N 002°57,1′W and the shore on Egilsay at 59°10,0′N 002°56,4′W.

Stromness

To Scapa but not outside Scapa Flow

Scapa Flow

Within an area bounded by lines drawn from Point of Cletts on the island of Hoy to Thomson's Hill triangulation point on the island of Fara and thence to Gibraltar Pier on the island of Flotta; from St Vincent Pier on the island of Flotta to the westernmost point of Calf of Flotta; from the easternmost point of the Calf of Flotta to Needle Point on the island of South Ronaldsay and from the Ness on Mainland to Point of Oxan lighthouse on the island of Graemsay and thence to Bu Point on the island of Hoy; and seaward of Zone 2 waters.

Balnakiel Bay

Between Eilean Dubh and A'Chleit

Cromarty Firth

Within a line from North Sutor to Nairn Breakwater and seaward of Zone 2 waters

Inverness

Within a line from North Sutor to Nairn Breakwater and seaward of Zone 2 waters.

River Tay — Dundee

Within a line from Broughty Castle to Tayport and seaward of Zone 2 waters.

Firth of Forth and River Forth

Within a line from Kirkcaldy to River Portobello and seaward of Zone 2 waters.

Solway Firth

Within a line from Southerness Point to Silloth

Loch Ryan

Within a line from Finnart's Point to Milleur Point and seaward of Zone 2 waters.

The Clyde

Outer limit:

| | a line from Skipness to a position one mile south of Garroch Head thence to Farland Head |
| --- | --- |

a line from Skipness to a position one mile south of Garroch Head thence to Farland Head

Inner limit in winter:

| | a line from Cloch Lighthouse to Dunoon Pier |
| --- | --- |

a line from Cloch Lighthouse to Dunoon Pier

Inner limit in summer:

| | a line from Bogany Point, Isle of Bute to Skelmorlie Castle and a line from Ardlamont Point to the southern extremity of Ettrick Bay inside the Kyles of Bute |
| --- | --- |

a line from Bogany Point, Isle of Bute to Skelmorlie Castle and a line from Ardlamont Point to the southern extremity of Ettrick Bay inside the Kyles of Bute

Note: The above inner summer limit is extended between 5 June and 5 September (both dates inclusive) by a line from a point two miles off the Ayrshire coast at Skelmorlie Castle to Tomont End, Cumbrae, and a line from Portachur Point, Cumbrae to Inner Brigurd Point, Ayrshire

Oban

Within an area bounded on the north by a line from Dunollie Point Light to Ard na Chruidh and to the south by a line from Rudha Seanach to Ard na Cuile

Kyle of Lochalsh

Through Loch Alsh to the head of Loch Duich

Loch Gairloch

In winter:

| | none |
| --- | --- |

none

In summer:

| | South of a line running east from Rubha na Moine to Eilan Horrisdale and thence to Rubha nan Eanntag |
| --- | --- |

South of a line running east from Rubha na Moine to Eilan Horrisdale and thence to Rubha nan Eanntag

NORTHERN IRELAND

Belfast Lough

In winter:

| | none |
| --- | --- |

none

In summer:

| | within a line from Carrickfergus to Bangor |
| --- | --- |

within a line from Carrickfergus to Bangor

and seaward of Zone 2 waters.

Loch Neagh

At a greater distance than 2 miles from the shore

EAST COAST OF ENGLAND

River Humber

In winter:

| | within a line from New Holland to Paull |
| --- | --- |

within a line from New Holland to Paull

In summer:

| | within a line from Cleethorpes Pier to Patrington Church |
| --- | --- |

within a line from Cleethorpes Pier to Patrington Church

and seaward of Zone 2 waters.

WALES AND WEST COAST OF ENGLAND

River Severn

In winter:

| | within a line from Blacknore Point to Caldicot Pill, Porstkewett |
| --- | --- |

within a line from Blacknore Point to Caldicot Pill, Porstkewett

In summer:

| | within a line from Barry Dock Pier to Steepholm and thence to Brean Down |
| --- | --- |

within a line from Barry Dock Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

River Wye

In winter:

| | within a line from Blacknore Point to Caldicot Pill, Portskewett |
| --- | --- |

within a line from Blacknore Point to Caldicot Pill, Portskewett

In summer:

| | within a line from Barry Dock Pier to Steepholm and thence to Brean Down |
| --- | --- |

within a line from Barry Dock Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

Newport

In winter:

| | none |
| --- | --- |

none

In summer:

| | within a line from Barry Dock Pier to Steepholm and thence to Brean Down |
| --- | --- |

within a line from Barry Dock Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

Cardiff

In winter:

| | none |
| --- | --- |

none

In summer:

| | within a line from Barry Dock Pier to Steepholm and thence to Brean Down |
| --- | --- |

within a line from Barry Dock Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

Barry

In winter:

| | None |
| --- | --- |

None

In summer:

| | within a line from Barry Dock Pier to Steepholm and thence to Brean Down |
| --- | --- |

within a line from Barry Dock Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

Swansea

Within a line joining the seaward ends of the breakwaters

Menai Straits

Within the Menai Straits from a line joining Llanddwyn Island Light to Dinas Dinlleu and lines joining the south end of Puffin Island to Trwyn DuPoint and Llanfairfechan Railway Station, and seaward of Zone 2 waters.

River Dee

In winter:

| | within a line from Hilbre Point to Point of Air |
| --- | --- |

within a line from Hilbre Point to Point of Air

In summer:

| | within a line from Formby Point to Point of Air |
| --- | --- |

within a line from Formby Point to Point of Air

and seaward of Zone 2 waters.

River Mersey

In winter:

| | None |
| --- | --- |

None

In summer:

| | within a line from Formby Point to Point of Air |
| --- | --- |

within a line from Formby Point to Point of Air

and seaward of Zone 2 waters.

Preston and Southport

Within a line from Southport to Blackpool inside the banks

and seaward of Zone 2 waters.

Fleetwood

In winter:

| | None |
| --- | --- |

None

In summer:

| | within a line from Rossal Point to Humphrey Head |
| --- | --- |

within a line from Rossal Point to Humphrey Head

and seaward of Zone 2 waters.

River Lune

In winter:

| | None |
| --- | --- |

None

In summer:

| | within a line from Rossal Point to Humphrey Head |
| --- | --- |

within a line from Rossal Point to Humphrey Head

and seaward of Zone 2 waters.

Heysham

In winter:

| | None |
| --- | --- |

None

In summer:

| | within a line from Rossal Point to Humphrey Head |
| --- | --- |

within a line from Rossal Point to Humphrey Head

Morecambe

In winter:

| | None |
| --- | --- |

None

In the summer:

| | from within a line from Rossal Point to Humphrey Head |
| --- | --- |

from within a line from Rossal Point to Humphrey Head

Workington

Within a line from Southerness Point to Silloth

and seaward of Zone 2 waters.

SOUTH OF ENGLAND

River Colne, Colchester

In winter:

| | within a line from Colne Point to Whitstable |
| --- | --- |

within a line from Colne Point to Whitstable

In summer:

| | within a line from Clacton Pier to Reculvers |
| --- | --- |

within a line from Clacton Pier to Reculvers

River Blackwater

In winter:

| | within a line from Colne Point to Whitstable |
| --- | --- |

within a line from Colne Point to Whitstable

In summer:

| | within a line from Clacton Pier to Reculvers |
| --- | --- |

within a line from Clacton Pier to Reculvers

and seaward of Zone 2 waters.

River Crouch and River Roach

In winter:

| | within a line from Colne Point to Whitstable |
| --- | --- |

within a line from Colne Point to Whitstable

In summer:

| | within a line from Clacton Pier to Reculvers |
| --- | --- |

within a line from Clacton Pier to Reculvers

and seaward of Zone 2 waters.

River Thames and its tributaries

In winter:

| | within a line from Colne Point to Whitstable |
| --- | --- |

within a line from Colne Point to Whitstable

In summer:

| | within a line from Clacton Pier to Reculvers |
| --- | --- |

within a line from Clacton Pier to Reculvers

and seaward of Zone 2 waters.

River Medway and the Swale

In winter:

| | within a line from Colne Point to Whitstable |
| --- | --- |

within a line from Colne Point to Whitstable

In summer:

| | within a line from Clacton Pier to Reculvers |
| --- | --- |

within a line from Clacton Pier to Reculvers

and seaward of Zone 2 waters.

Chichester

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Langstone Harbour

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Portsmouth

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Bembridge, Isle of Wight

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Cowes, Isle of Wight

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Southampton

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Beaulieu River

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Keyhaven Lake

Inside the Isle of Wight within an area bounded by lines drawn between the church spire, West Wittering, to Trinity Church, Bembridge, to the eastward, and the Needles and Hurst Point to the westward

and seaward of Zone 2 waters.

Weymouth

Within Portland Harbour and between the River Wey and Portland Harbour

Plymouth

Within a line from Cawsand to Breakwater to Staddon

and seaward of Zone 2 waters.

Falmouth

In winter:

| | within a line from St. Anthony Head to Rosemullion |
| --- | --- |

within a line from St. Anthony Head to Rosemullion

In summer:

| | within a line from St. Anthony Head to Nare Point |
| --- | --- |

within a line from St. Anthony Head to Nare Point

and seaward of Zone 2 waters.

River Camel

Within a line from Stepper Point to Trebetherick Point

and seaward of Zone 2 waters.

Bridgewater

Within the bar and seaward of Zone 2 waters.

River Avon (Avon)

In winter:

| | within a line from Blacknore Point to Caldicot Pill, Portskewett |
| --- | --- |

within a line from Blacknore Point to Caldicot Pill, Portskewett

In summer:

| | within a line from Barry Pier to Steepholm and thence to Brean Down
  and seaward of Zone 2 waters. |
| --- | --- |

within a line from Barry Pier to Steepholm and thence to Brean Down

and seaward of Zone 2 waters.

Zone 2

Czech Republic

Dam Lake Lipno.

Federal Republic of Germany

| Ems: | from a line across the Ems near the entrance to the port of Papenburg between Diemen pumping station and the opening of the dyke at Halte as far as a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven. |
| --- | --- |
| Jade: | inside a line linking the Schillig cross light and Langwarden church tower |
| Weser: | from the north-western edge of the railway bridge in Bremen as far as a line linking Langwarden and Cappel church towers, including the Westergate, Rekumer Loch, Rechter Nebenarm and Schweiburg side branches |
| Elbe: | from the lower limit of the port of Hamburg as far as a line linking the Döse beacon and the western edge of the Friedrichskoog dyke (Dieksand), including the Nebenelbe and the Este, Lühe, Schwinge, Oste, Pinnau, Krückau and Stör tributaries (in each case from the mouth to the barrage) |
| Meldorfer Bucht: | inside a line linking the western edge of the Friedrichskoog dyke (Dieksand) and the western pier head at Büsum |
| Eider: | From the Gieselau Canal to the Eider barrage |
| Flensburger Förde: | inside a line linking Kegnäs lighthouse and Birknack |
| Schlei: | inside a line between the Schleimünde pier heads |
| Eckernförder Bucht: | inside a line linking Boknis-Eck and the north-eastern point of the mainland near Dänisch Nienhof |
| Kieler Förde: | inside a line linking the Bülk lighthouse and the Laboe naval memorial |
| Nord-Ostsee-Kanal (Kiel Canal): | from a line linking the pier heads at Brunsbüttel as far as a line linking the entry lights at Kiel-Holtenau, including Obereidersee and Enge, Audorfer See, Borgstedter See and Enge, Schirnauer See, Flemhuder See and the Achterwehrer Canal |
| Trave: | from the north-western edge of the railway lift bridge and the northern edge of the Holstenbrücke (Stadttrave) in Lübeck as far as a line linking the southern inner and northern outer pier heads at Travemünde, including the Pötenitzer Wiek, Dassower See and the Altarmen at Teerhof island |
| Leda: | From the entrance of the outer harbour of Leer sea lock to the mouth |
| Hunte: | from the port of Oldenburg and from 140 m downstream of the Amalienbrücke in Oldenburg to the mouth |
| Lesum: | From the Bremen-Burg railway bridge to the mouth |
| Este: | From the tail water of Buxtehude lock to the Este barrage |
| Lühe: | From the tail water of the Au-Mühle in Horneburg to the Lühe barrage |
| Schwinge: | From the Salztor lock in Stade to the Schwinge barrage |
| Oste: | from the north-eastern edge of the Bremervörde mill dam to the Oste barrage |
| Pinnau: | from the south-western edge of the railway bridge in Pinneberg to the Pinnau barrage |
| Krückau: | from the south-western edge of the bridge leading to/from the Wedenkamp in Elmshorn to the Krückau barrage |
| Stör: | From Rensing tide gauge to the Stör barrage |
| Freiburger Hafenpriel: | from the eastern edge of the sluice in Freiburg an der Elbe as far as the mouth |
| Wismarbucht, Kirchsee, Breitling, Salzhaff and Wismar port area: | seawards as far as a line between Hoher Wieschendorf Huk and Timmendorf light and a line linking Gollwitz light on the island of Poel and the southern point of the Wustrow peninsula |
| Warnow, including the Breitling and side branches: | downstream of the Mühlendamm from the northern edge of the Geinitzbrücke in Rostock towards the sea as far as a line linking the northern points of the western and eastern piers in Warnemünde |
| Waters enclosed by the mainland and the Darß and Zingst pensinsulas and the islands of Hiddensee and Rügen (including Stralsund port area): | extending seawards between






  — | the Zingst peninsula and the island of Bock: as far as latitude 54°26′42′′N |

Ems:

from a line across the Ems near the entrance to the port of Papenburg between Diemen pumping station and the opening of the dyke at Halte as far as a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven.

Jade:

inside a line linking the Schillig cross light and Langwarden church tower

Weser:

from the north-western edge of the railway bridge in Bremen as far as a line linking Langwarden and Cappel church towers, including the Westergate, Rekumer Loch, Rechter Nebenarm and Schweiburg side branches

Elbe:

from the lower limit of the port of Hamburg as far as a line linking the Döse beacon and the western edge of the Friedrichskoog dyke (Dieksand), including the Nebenelbe and the Este, Lühe, Schwinge, Oste, Pinnau, Krückau and Stör tributaries (in each case from the mouth to the barrage)

Meldorfer Bucht:

inside a line linking the western edge of the Friedrichskoog dyke (Dieksand) and the western pier head at Büsum

Eider:

From the Gieselau Canal to the Eider barrage

Flensburger Förde:

inside a line linking Kegnäs lighthouse and Birknack

Schlei:

inside a line between the Schleimünde pier heads

Eckernförder Bucht:

inside a line linking Boknis-Eck and the north-eastern point of the mainland near Dänisch Nienhof

Kieler Förde:

inside a line linking the Bülk lighthouse and the Laboe naval memorial

Nord-Ostsee-Kanal (Kiel Canal):

from a line linking the pier heads at Brunsbüttel as far as a line linking the entry lights at Kiel-Holtenau, including Obereidersee and Enge, Audorfer See, Borgstedter See and Enge, Schirnauer See, Flemhuder See and the Achterwehrer Canal

Trave:

from the north-western edge of the railway lift bridge and the northern edge of the Holstenbrücke (Stadttrave) in Lübeck as far as a line linking the southern inner and northern outer pier heads at Travemünde, including the Pötenitzer Wiek, Dassower See and the Altarmen at Teerhof island

Leda:

From the entrance of the outer harbour of Leer sea lock to the mouth

Hunte:

from the port of Oldenburg and from 140 m downstream of the Amalienbrücke in Oldenburg to the mouth

Lesum:

From the Bremen-Burg railway bridge to the mouth

Este:

From the tail water of Buxtehude lock to the Este barrage

Lühe:

From the tail water of the Au-Mühle in Horneburg to the Lühe barrage

Schwinge:

From the Salztor lock in Stade to the Schwinge barrage

Oste:

from the north-eastern edge of the Bremervörde mill dam to the Oste barrage

Pinnau:

from the south-western edge of the railway bridge in Pinneberg to the Pinnau barrage

Krückau:

from the south-western edge of the bridge leading to/from the Wedenkamp in Elmshorn to the Krückau barrage

Stör:

From Rensing tide gauge to the Stör barrage

Freiburger Hafenpriel:

from the eastern edge of the sluice in Freiburg an der Elbe as far as the mouth

Wismarbucht, Kirchsee, Breitling, Salzhaff and Wismar port area:

seawards as far as a line between Hoher Wieschendorf Huk and Timmendorf light and a line linking Gollwitz light on the island of Poel and the southern point of the Wustrow peninsula

Warnow, including the Breitling and side branches:

downstream of the Mühlendamm from the northern edge of the Geinitzbrücke in Rostock towards the sea as far as a line linking the northern points of the western and eastern piers in Warnemünde

Waters enclosed by the mainland and the Darß and Zingst pensinsulas and the islands of Hiddensee and Rügen (including Stralsund port area):

extending seawards between

—

the Zingst peninsula and the island of Bock: as far as latitude 54°26′42′′N

| — | the islands of Bock and Hiddensee: as far as a line linking the northern point of the island of Bock and the southern point of the island of Hiddensee |
| --- | --- |

—

the islands of Bock and Hiddensee: as far as a line linking the northern point of the island of Bock and the southern point of the island of Hiddensee

| — | the island of Hiddensee and the island of Rügen (Bug): as far as a line linking the south-eastern point of Neubessin and Buger Haken |
| --- | --- |

—

the island of Hiddensee and the island of Rügen (Bug): as far as a line linking the south-eastern point of Neubessin and Buger Haken

Greifswalder Bodden and Greifswald port area, including the Ryck:

seawards as far as a line from the eastern point of Thiessower Haken (Südperd) to the eastern point of the island of Ruden and continuing to the northern point of the island of Usedom (54°10′37′′N, 13°47′51′′E)

Waters enclosed by the mainland and the island of Usedom (the Peenestrom, including Wolgast port area and Achterwasser, and the Stettiner Haff):

eastwards as far as the border with the Republic of Poland in the Stettiner Haff

French Republic

Dordogne: downstream from the stone bridge at Libourne

Garonne: downstream from the stone bridge at Bordeaux

Gironde.

Loire: downstream from the Haudaudine bridge on the Madeleine arm and downstream from the Pirmil bridge on the Pirmil arm.

Rhône: downstream of the Trinquetaille bridge in Arles and beyond towards Marseille

Seine: downstream of the Jeanne-d'Arc bridge in Rouen.

Republic of Hungary

Lake Balaton.

Kingdom of the Netherlands

Dollard.

Eems.

Waddenzee: including the links with the North Sea.

IJsselmeer: including the Markermeer and IJmeer but excluding the Gouwzee.

Nieuwe Waterweg and the Scheur.

Calland Kanaal west from the Benelux harbour.

Hollands Diep.

Breeddiep, Beerkanaal and its connected harbours.

Haringvliet and Vuile Gat: including the waterways between Goeree-Overflakkee on the one hand and Voorne-Putten and Hoeksche Waard on the other.

Hellegat.

Volkerak.

Krammer.

Grevelingenmeer and Brouwerschavensche Gat: including all the waterways between Schouwen-Duiveland and Goeree-Overflakkee.

Keten, Mastgat, Zijpe, Krabbenkreek, Eastern Scheldt and Roompot: including the waterways between Walcheren, Noord-Beveland and Zuid-Beveland on the one hand and Schouwen-Duiveland and Tholen on the other hand, excluding the Scheldt-Rhine Canal.

Scheldt and Western Scheldt and its mouth on the sea: including the waterways between Zeeland Flanders, on the one hand, and Walcheren and Zuid-Beveland, on the other, excluding the Scheldt-Rhine Canal.

Republic of Poland

Lagoon of Szczecin.

Lagoon of Kamień.

Lagoon of Wisła.

Bay of Puck.

Włocławski Reservoir.

Lake Śniardwy.

Lake Niegocin.

Lake Mamry.

United Kingdom of Great Britain and Northern Ireland

| SCOTLAND |
| --- |
| Scapa Flow | Within an area bounded by lines drawn from Wharth on the island of Flotta to the Martello Tower on South Walls, and from Point Cletts on the island of Hoy to Thomson's Hill triangulation point on the island of Fara and thence to Gibraltar Pier on the island of Flotta |
| Kyle of Durness | South of Eilean Dubh |
| Cromarty Firth | Within a line between North Sutor and South Sutor |
| Inverness | Within a line from Fort George to Chanonry Point |
| Findhorn Bay | Within the spit |
| Aberdeen | Within a line from South Jetty to Abercromby Jetty |
| Montrose Basin | To the west of a line running north-south across the harbour entrance at Scurdie Ness Lighthouse |
| River Tay — Dundee | Within a line from the tidal basin (fish dock), Dundee to Craig Head, East Newport |
| Firth of Forth and River Forth | Within the Firth of Forth but not east of the Forth railway bridge |
| Dumfries | Within a line from Airds Point to Scar Point |
| Loch Ryan | Within a line from Cairn Point to Kircolm Point |
| Ayr Harbour | Inside the Bar |
| The Clyde | Above Zone 1 waters |
| Kyles of Bute | Between Colintraive and Rhubodach |
| Campbeltown Harbour | Within a line from Macringan's Point to Ottercharach Point |
| Loch Etive | Within Loch Etive above the Falls of Lora |
| Loch Leven | Above the bridge at Ballachulish |
| Loch Linnhe | North of Corran Point light |
| Loch Eil | The whole loch |
| Caledonian Canal | Lochs Lochy, Oich and Ness |
| Kyle of Lochalsh | Within Kyle Akin not westward of Eilean Ban Light or eastward of Eileanan Dubha |
| Loch Carron | Between Stromemore and Strome Ferry |
| Loch Broom, Ullapool | Within a line from Ullapool Point Light to Aultnaharrie |
| Kylesku | Across Loch Cairnbawn in the area between the easternmost point of Garbh Eilean and the westernmost point of Eilean na Rainich |
| Stornoway Harbour | Within a line from Arnish Point to Sandwick Bay Lighthouse, north-west side |
| The Sound of Scalpay | Not east of Berry Cove (Scalpay) and not west of Croc a Loin (Harris) |
| North Harbour, Scalpay and Tarbert Harbour | Within one mile from the shore of the Island of Harris |
| Loch Awe | The whole loch |
| Loch Katrine | The whole loch |
| Loch Lomond | The whole loch |
| Loch Tay | The whole loch |
| Loch Loyal | The whole loch |
| Loch Hope | The whole loch |
| Loch Shin | The whole loch |
| Loch Assynt | The whole loch |
| Loch Glascarnoch | The whole loch |
| Loch Fannich | The whole loch |
| Loch Maree | The whole loch |
| Loch Gairloch | The whole loch |
| Loch Monar | The whole loch |
| Loch Mullardach | The whole loch |
| Loch Cluanie | The whole loch |
| Loch Loyne | The whole loch |
| Loch Garry | The whole loch |
| Loch Quoich | The whole loch |
| Loch Arkaig | The whole loch |
| Loch Morar | The whole loch |
| Loch Shiel | The whole loch |
| Loch Earn | The whole loch |
| Loch Rannoch | The whole loch |
| Loch Tummel | The whole loch |
| Loch Ericht | The whole loch |
| Loch Fionn | The whole loch |
| Loch Glass | The whole loch |
| Loch Rimsdale/nan Clar | The whole loch |
| NORTHERN IRELAND |
| Strangford Lough | Within a line from Cloghy Point to Dogtail Point |
| Belfast Lough | Within a line from Holywood to Macedon Point |
| Larne | Within a line from Larne Pier to the ferry pier on Island Magee |
| River Bann | From the seaward ends of the breakwaters to Toome Bridge |
| Lough Erne | Upper and Lower Lough Erne |
| Lough Neagh | Within two miles of the shore |
| EAST COAST OF ENGLAND |
| Berwick | Within the breakwaters |
| Warkworth | Within the breakwaters |
| Blyth | Within the Outer Pier Heads |
| River Tyne | Dunston Staithes to Tyne Pier Heads |
| River Wear | Fatfield to Sunderland Pier Heads |
| Seaham | Within the breakwaters |
| Hartlepool | Within a line from Middleton Jetty to Old Pier Head
  Within a line joining North Pier Head to South Pier Head |
| River Tees | Within a line extending due west from Government Jetty to Tees Barrage |
| Whitby | Within Whitby Pier Heads |
| River Humber | Within a line from North Ferriby to South Ferriby |
| Grimsby Dock | Within a line from the West Pier of the Tidal Basin to the East Pier of the Fish Docks, North Quay |
| Boston | Inside the New Cut |
| Dutch River | The whole canal |
| River Hull | Beverley Beck to River Humber |
| Kielder Water | The whole lake |
| River Ouse | Below Naburn Lock |
| River Trent | Below Cromwell Lock |
| River Wharfe | From the junction with River Ouse to Tadcaster Bridge |
| Scarborough | Within Scarborough Pier Heads |
| WALES AND WEST COAST OF ENGLAND |
| River Severn | North of a line running due west from Sharpness Point (51°43,4′N) to Llanthony and Maisemore Weirs and seaward of Zone 3 waters. |
| River Wye | At Chepstow, north of latitude (51°38,0′N) to Monmouth |
| Newport | North of the overhead power cables crossing at Fifoots Points |
| Cardiff | Within a line from South Jetty to Penarth Head
  and the enclosed waters to the west of Cardiff Bay Barrage |
| Barry | Within a line joining the seaward ends of the breakwaters |
| Port Talbot | Within a line joining the seaward ends of the breakwaters on the River Afran outside enclosed docks |
| Neath | Within a line running due North from the seaward end of Baglan Bay Tanker Jetty (51°37,2′N, 3°50,5′W) |
| Llanelli and Burry Port | Within an area bounded by a line drawn from Burry Port Western Pier to Whiteford Point |
| Milford Haven | Within a line from South Hook Point to Thorn Point |
| Fishguard | Within a line joining the seaward ends of the north and east breakwaters |
| Cardigan | Within the Narrows at Pen-Yr-Ergyd |
| Aberystwyth | Within the seaward ends of the breakwaters |
| Aberdyfi | Within a line from Aberdyfi Railway Station to Twyni Bach Beacon |
| Barmouth | Within a line from Barmouth Railway Station to Penrhyn Point |
| Portmadoc | Within a line from Harlech Point to Graig Ddu |
| Holyhead | Within an area bounded by the main breakwater and a line drawn from the head of the breakwater to Brynglas Point, Towyn Bay |
| Menai Straits | Within the Menai Straits between a line joining Aber Menai Point to Belan Point and a line joining Beaumaris Pier to Pen-y-Coed Point |
| Conway | Within a line from Mussel Hill to Tremlyd Point |
| Llandudno | Within the breakwater |
| Rhyl | Within the breakwater |
| River Dee | Above Connah's Quay to Barrelwell Hill water extraction point |
| River Mersey | Within a line between the Rock Lighthouse and the North West Seaforth Dock but excluding other docks |
| Preston and Southport | Within a line from Lytham to Southport and within Preston Docks |
| Fleetwood | Within a line from Low Light to Knott |
| River Lune | Within a line from Sunderland Point to Chapel Hill up to and including Glasson Dock |
| Barrow | Within a line joining Haws Point, Isle of Walney to Roa Island Slipway |
| Whitehaven | Within the breakwater |
| Workington | Within the breakwater |
| Maryport | Within the breakwater |
| Carlisle | Within a line joining Point Carlisle to Torduff |
| Coniston Water | The whole lake |
| Derwentwater | The whole lake |
| Ullswater | The whole lake |
| Windermere | The whole lake |
| SOUTH OF ENGLAND |
| Blakeney and Morston Harbour and approaches | To the east of a line running south from Blakeney Point to the entrance of the Stiffkey River |
| River Orwell and River Stour | River Orwell within a line from Blackmanshead breakwater to Landguard Point and seaward of Zone 3 waters. |
| River Blackwater | All waterways within a line from the south-western extremity of Mersea Island to Sales Point |
| River Crouch and River Roach | River Crouch within a line from Holliwell Point to Foulness Point, including the River Roach |
| River Thames and its tributaries | River Thames above a line drawn north/south through the eastern extremity of Denton Wharf Pier, Gravesend to Teddington Lock |
| River Medway and the Swale | River Medway from a line drawn from Garrison Point to the Grain Tower, to Allington Lock; and the Swale from Whitstable to the Medway |
| River Stour (Kent) | River Stour above the mouth to the landing at Flagstaff Reach |
| Dover Harbour | Within lines drawn across the east and west entrances to the Harbour |
| River Rother | River Rother above the Tidal Signal Station at Camber to Scots Float Sluice and to the entrance lock on the River Brede |
| River Adur and Southwick Canal | Within a line drawn across Shoreham Harbour entrance to Southwick Canal Lock and to the west end of Tarmac Wharf |
| River Arun | River Arun above Littlehampton Pier to Littlehampton Marina |
| River Ouse (Sussex) Newhaven | River Ouse from a line drawn across Newhaven Harbour entrance piers to the north end of North Quay |
| Brighton | Brighton Marina outer harbour within a line from the southern end of West Quay to the north end of South Quay |
| Chichester | Within a line drawn between Eastoke point and the church spire, West Wittering and seaward of Zone 3 waters. |
| Langstone Harbour | Within a line drawn between Eastney Point and Gunner Point |
| Portsmouth | Within a line drawn across the harbour entrance from Port Blockhouse to the Round Tower |
| Bembridge, Isle of Wight | Within Brading Harbour |
| Cowes, Isle of Wight | The River Medina within a line from the Breakwater Light on the east bank to the House Light on the west bank |
| Southampton | Within a line from Calshot Castle to Hook Beacon |
| Beaulieu River | Within Beaulieu River not eastward of a north/south line through Inchmery House |
| Keyhaven Lake | Within a line drawn due north from Hurst Point Low Light to Keyhaven Marshes |
| Christchurch | The Run |
| Poole | Within the line of the Chain Ferry between Sandbanks and South Haven Point |
| Exeter | Within an east-west line from Warren Point to the Inshore Lifeboat Station opposite Checkstone Ledge |
| Teignmouth | Within the harbour |
| River Dart | Within a line from Kettle Point to Battery Point |
| River Salcombe | Within a line from Splat Point to Limebury Point |
| Plymouth | Within a line from Mount Batten Pier to Raveness Point through Drake's Islands; the River Yealm within a line from Warren Point to Misery Point |
| Fowey | Inside the Harbour |
| Falmouth | Within a line from St. Anthony Head to Pendennis Point |
| River Camel | Within a line from Gun Point to Brea Hill |
| Rivers Taw and Torridge | Within a line bearing 200° from the lighthouse on Crow Point to the shore at Skern Point |
| Bridgewater | South of a line running due East from Stert Point (51°13,0′N) |
| River Avon (Avon) | Within a line from Avonmouth Pier to Wharf Point, to Netham Dam |

SCOTLAND

Scapa Flow

Within an area bounded by lines drawn from Wharth on the island of Flotta to the Martello Tower on South Walls, and from Point Cletts on the island of Hoy to Thomson's Hill triangulation point on the island of Fara and thence to Gibraltar Pier on the island of Flotta

Kyle of Durness

South of Eilean Dubh

Cromarty Firth

Within a line between North Sutor and South Sutor

Inverness

Within a line from Fort George to Chanonry Point

Findhorn Bay

Within the spit

Aberdeen

Within a line from South Jetty to Abercromby Jetty

Montrose Basin

To the west of a line running north-south across the harbour entrance at Scurdie Ness Lighthouse

River Tay — Dundee

Within a line from the tidal basin (fish dock), Dundee to Craig Head, East Newport

Firth of Forth and River Forth

Within the Firth of Forth but not east of the Forth railway bridge

Dumfries

Within a line from Airds Point to Scar Point

Loch Ryan

Within a line from Cairn Point to Kircolm Point

Ayr Harbour

Inside the Bar

The Clyde

Above Zone 1 waters

Kyles of Bute

Between Colintraive and Rhubodach

Campbeltown Harbour

Within a line from Macringan's Point to Ottercharach Point

Loch Etive

Within Loch Etive above the Falls of Lora

Loch Leven

Above the bridge at Ballachulish

Loch Linnhe

North of Corran Point light

Loch Eil

The whole loch

Caledonian Canal

Lochs Lochy, Oich and Ness

Kyle of Lochalsh

Within Kyle Akin not westward of Eilean Ban Light or eastward of Eileanan Dubha

Loch Carron

Between Stromemore and Strome Ferry

Loch Broom, Ullapool

Within a line from Ullapool Point Light to Aultnaharrie

Kylesku

Across Loch Cairnbawn in the area between the easternmost point of Garbh Eilean and the westernmost point of Eilean na Rainich

Stornoway Harbour

Within a line from Arnish Point to Sandwick Bay Lighthouse, north-west side

The Sound of Scalpay

Not east of Berry Cove (Scalpay) and not west of Croc a Loin (Harris)

North Harbour, Scalpay and Tarbert Harbour

Within one mile from the shore of the Island of Harris

Loch Awe

The whole loch

Loch Katrine

The whole loch

Loch Lomond

The whole loch

Loch Tay

The whole loch

Loch Loyal

The whole loch

Loch Hope

The whole loch

Loch Shin

The whole loch

Loch Assynt

The whole loch

Loch Glascarnoch

The whole loch

Loch Fannich

The whole loch

Loch Maree

The whole loch

Loch Gairloch

The whole loch

Loch Monar

The whole loch

Loch Mullardach

The whole loch

Loch Cluanie

The whole loch

Loch Loyne

The whole loch

Loch Garry

The whole loch

Loch Quoich

The whole loch

Loch Arkaig

The whole loch

Loch Morar

The whole loch

Loch Shiel

The whole loch

Loch Earn

The whole loch

Loch Rannoch

The whole loch

Loch Tummel

The whole loch

Loch Ericht

The whole loch

Loch Fionn

The whole loch

Loch Glass

The whole loch

Loch Rimsdale/nan Clar

The whole loch

NORTHERN IRELAND

Strangford Lough

Within a line from Cloghy Point to Dogtail Point

Belfast Lough

Within a line from Holywood to Macedon Point

Larne

Within a line from Larne Pier to the ferry pier on Island Magee

River Bann

From the seaward ends of the breakwaters to Toome Bridge

Lough Erne

Upper and Lower Lough Erne

Lough Neagh

Within two miles of the shore

EAST COAST OF ENGLAND

Berwick

Within the breakwaters

Warkworth

Within the breakwaters

Blyth

Within the Outer Pier Heads

River Tyne

Dunston Staithes to Tyne Pier Heads

River Wear

Fatfield to Sunderland Pier Heads

Seaham

Within the breakwaters

Hartlepool

Within a line from Middleton Jetty to Old Pier Head

Within a line joining North Pier Head to South Pier Head

River Tees

Within a line extending due west from Government Jetty to Tees Barrage

Whitby

Within Whitby Pier Heads

River Humber

Within a line from North Ferriby to South Ferriby

Grimsby Dock

Within a line from the West Pier of the Tidal Basin to the East Pier of the Fish Docks, North Quay

Boston

Inside the New Cut

Dutch River

The whole canal

River Hull

Beverley Beck to River Humber

Kielder Water

The whole lake

River Ouse

Below Naburn Lock

River Trent

Below Cromwell Lock

River Wharfe

From the junction with River Ouse to Tadcaster Bridge

Scarborough

Within Scarborough Pier Heads

WALES AND WEST COAST OF ENGLAND

River Severn

North of a line running due west from Sharpness Point (51°43,4′N) to Llanthony and Maisemore Weirs and seaward of Zone 3 waters.

River Wye

At Chepstow, north of latitude (51°38,0′N) to Monmouth

Newport

North of the overhead power cables crossing at Fifoots Points

Cardiff

Within a line from South Jetty to Penarth Head

and the enclosed waters to the west of Cardiff Bay Barrage

Barry

Within a line joining the seaward ends of the breakwaters

Port Talbot

Within a line joining the seaward ends of the breakwaters on the River Afran outside enclosed docks

Neath

Within a line running due North from the seaward end of Baglan Bay Tanker Jetty (51°37,2′N, 3°50,5′W)

Llanelli and Burry Port

Within an area bounded by a line drawn from Burry Port Western Pier to Whiteford Point

Milford Haven

Within a line from South Hook Point to Thorn Point

Fishguard

Within a line joining the seaward ends of the north and east breakwaters

Cardigan

Within the Narrows at Pen-Yr-Ergyd

Aberystwyth

Within the seaward ends of the breakwaters

Aberdyfi

Within a line from Aberdyfi Railway Station to Twyni Bach Beacon

Barmouth

Within a line from Barmouth Railway Station to Penrhyn Point

Portmadoc

Within a line from Harlech Point to Graig Ddu

Holyhead

Within an area bounded by the main breakwater and a line drawn from the head of the breakwater to Brynglas Point, Towyn Bay

Menai Straits

Within the Menai Straits between a line joining Aber Menai Point to Belan Point and a line joining Beaumaris Pier to Pen-y-Coed Point

Conway

Within a line from Mussel Hill to Tremlyd Point

Llandudno

Within the breakwater

Rhyl

Within the breakwater

River Dee

Above Connah's Quay to Barrelwell Hill water extraction point

River Mersey

Within a line between the Rock Lighthouse and the North West Seaforth Dock but excluding other docks

Preston and Southport

Within a line from Lytham to Southport and within Preston Docks

Fleetwood

Within a line from Low Light to Knott

River Lune

Within a line from Sunderland Point to Chapel Hill up to and including Glasson Dock

Barrow

Within a line joining Haws Point, Isle of Walney to Roa Island Slipway

Whitehaven

Within the breakwater

Workington

Within the breakwater

Maryport

Within the breakwater

Carlisle

Within a line joining Point Carlisle to Torduff

Coniston Water

The whole lake

Derwentwater

The whole lake

Ullswater

The whole lake

Windermere

The whole lake

SOUTH OF ENGLAND

Blakeney and Morston Harbour and approaches

To the east of a line running south from Blakeney Point to the entrance of the Stiffkey River

River Orwell and River Stour

River Orwell within a line from Blackmanshead breakwater to Landguard Point and seaward of Zone 3 waters.

River Blackwater

All waterways within a line from the south-western extremity of Mersea Island to Sales Point

River Crouch and River Roach

River Crouch within a line from Holliwell Point to Foulness Point, including the River Roach

River Thames and its tributaries

River Thames above a line drawn north/south through the eastern extremity of Denton Wharf Pier, Gravesend to Teddington Lock

River Medway and the Swale

River Medway from a line drawn from Garrison Point to the Grain Tower, to Allington Lock; and the Swale from Whitstable to the Medway

River Stour (Kent)

River Stour above the mouth to the landing at Flagstaff Reach

Dover Harbour

Within lines drawn across the east and west entrances to the Harbour

River Rother

River Rother above the Tidal Signal Station at Camber to Scots Float Sluice and to the entrance lock on the River Brede

River Adur and Southwick Canal

Within a line drawn across Shoreham Harbour entrance to Southwick Canal Lock and to the west end of Tarmac Wharf

River Arun

River Arun above Littlehampton Pier to Littlehampton Marina

River Ouse (Sussex) Newhaven

River Ouse from a line drawn across Newhaven Harbour entrance piers to the north end of North Quay

Brighton

Brighton Marina outer harbour within a line from the southern end of West Quay to the north end of South Quay

Chichester

Within a line drawn between Eastoke point and the church spire, West Wittering and seaward of Zone 3 waters.

Langstone Harbour

Within a line drawn between Eastney Point and Gunner Point

Portsmouth

Within a line drawn across the harbour entrance from Port Blockhouse to the Round Tower

Bembridge, Isle of Wight

Within Brading Harbour

Cowes, Isle of Wight

The River Medina within a line from the Breakwater Light on the east bank to the House Light on the west bank

Southampton

Within a line from Calshot Castle to Hook Beacon

Beaulieu River

Within Beaulieu River not eastward of a north/south line through Inchmery House

Keyhaven Lake

Within a line drawn due north from Hurst Point Low Light to Keyhaven Marshes

Christchurch

The Run

Poole

Within the line of the Chain Ferry between Sandbanks and South Haven Point

Exeter

Within an east-west line from Warren Point to the Inshore Lifeboat Station opposite Checkstone Ledge

Teignmouth

Within the harbour

River Dart

Within a line from Kettle Point to Battery Point

River Salcombe

Within a line from Splat Point to Limebury Point

Plymouth

Within a line from Mount Batten Pier to Raveness Point through Drake's Islands; the River Yealm within a line from Warren Point to Misery Point

Fowey

Inside the Harbour

Falmouth

Within a line from St. Anthony Head to Pendennis Point

River Camel

Within a line from Gun Point to Brea Hill

Rivers Taw and Torridge

Within a line bearing 200° from the lighthouse on Crow Point to the shore at Skern Point

Bridgewater

South of a line running due East from Stert Point (51°13,0′N)

River Avon (Avon)

Within a line from Avonmouth Pier to Wharf Point, to Netham Dam

CHAPTER 2

Zone 3

Kingdom of Belgium

Maritime Scheldt (downstream of Antwerp open anchorage).

Czech Republic

Labe: from the lock Ústí nad Labem-Střekov to the lock Lovosice.

Dam Lakes: Baška, Brněnská (Kníničky), Horka (Stráž pod Ralskem), Hracholusky, Jesenice, Nechranice, Olešná, Orlík, Pastviny, Plumov, Rozkoš, Seč, Skalka, Slapy, Těrlicko, Žermanice.

Lake Máchovo.

Water Area Velké Žernoseky.

Ponds: Oleksovice, Svět, Velké Dářko.

Mining Gravel Lakes: Dolní Benešov, Ostrožná Nová Ves a Tovačov.

Federal Republic of Germany

| Danube: | from Kelheim (km 2 414,72) to the German-Austrian border |
| --- | --- |
| Rhine: | from the German-Swiss border to the German-Netherlands border |
| Elbe: | from the mouth of the Elbe-Seiten canal to the lower limit of the port of Hamburg |
| Müritz | |

Danube:

from Kelheim (km 2 414,72) to the German-Austrian border

Rhine:

from the German-Swiss border to the German-Netherlands border

Elbe:

from the mouth of the Elbe-Seiten canal to the lower limit of the port of Hamburg

Müritz

French Republic

Rhine

Republic of Hungary

Danube: from rkm 1 812 to rkm 1 433

Danube Moson: from rkm 14 to rkm 0.

Danube Szentendre: from rkm 32 to rkm 0.

Danube Ráckeve: from rkm 58 to rkm 0.

River Tisza: from rkm 685 to rkm 160.

River Dráva: from rkm 198 to rkm 70.

River Bodrog: from rkm 51 to rkm 0.

River Kettős-Körös: from rkm 23 to rkm 0.

River Hármas-Körös: from rkm 91 to rkm 0.

Channel Sió: from rkm 23 to rkm 0.

Lake Velence.

Lake Fertő.

Kingdom of the Netherlands

Rhine.

Sneekermeer, Koevordermeer, Heegermeer, Fluessen, Slotermeer, Tjeukemeer, Beulakkerwijde, Belterwijde, Ramsdiep, Ketelmeer, Zwartemeer, Veluwemeer, Eemmeer, Alkmaardermeer, Gouwzee, Buiten IJ afgesloten IJ Noordzeekanaal, port of IJmuiden, Rotterdam port area, Nieuwe Maas, Noord, Oude Maas, Beneden Merwede, Nieuwe Merwede, Dordsche Kil, Boven Merwede, Waal, Bijlandsch Canal, Boven Rijn, Pannersdensch Canal, Geldersche IJssel, Neder Rijn, Lek, Amsterdam-Rhine-Canal, Veerse Meer, Schelde-Rhine-Canal as far as the mouth in the Volkerak, Amer, Bergsche Maas, the Meuse below Venlo, Gooimeer, Europort, Calandkanaal (east from the Benelux harbour), Hartelkanaal.

Republic of Austria

Danube: from the border with Germany to the border with Slovakia.

Inn: from the mouth to the Passau-Ingling Power Station.

Traun: from the mouth to km 1,80.

Enns: from the mouth to km 2,70.

March: to km 6,00.

Republic of Poland

River Biebrza from the estuary of the Augustowski Channel to the estuary of the river Narwia

River Brda from the link with the Bydgoski Channel in Bydgoszcz to the estuary of the river Wisła

River Bug from the estuary of the river Muchawiec to the estuary of the river Narwia

Lake Dąbie to the frontier with internal sea waters

The Augustowski Channel from the link with the river Biebrza to the state border, together with the lakes located along the route of this Channel

The Bartnicki Channel from Lake Ruda Woda to Lake Bartężek, together with Lake Bartężek

The Bydgoski Channel

The Elbląski Channel from Lake Druzno to Lake Jeziorak and Lake Szeląg Wielki, together with these lakes and the lakes on the route of the Channel, and a by-way in the direction of Zalewo from Lake Jeziorak to Lake Ewingi, inclusive

The Gliwicki Channel together with the Channel Kędzierzyński

The Jagielloński Channel from the link with the river Elbląg to the river Nogat

The Łączański Channel

The Ślesiński Channel with the lakes located along the route of this Channel and Lake Gopło

The Żerański Channel

River Martwa Wisła from the river Wisła in Przegalina to the frontier with internal sea waters

River Narew from the estuary of the river Biebrza to the estuary of the river Wisła, together with Lake Zegrzyński

River Nogat from the river Wisła to the estuary of the Lagoon of Wisła

River Noteć (upper) from Lake Gopło to the link with the Górnonotecki Channel and the Górnonotecki Channel and River Noteć (lower) from the link of the Bydgoski Channel to the estuary to River Warta

River Nysa Łużycka from Gubin to the estuary to River Odra

River Odra from the town of Racibórz to the link with River Eastern Odra which turns into River Regalica from the Klucz-Ustowo Piercing, together with that river and its side-branches to Lake Dąbie as well as a by-way of River Odra from the Opatowice lock to the lock in Wrocław city

River Western Odra from a weir in Widuchowa (704,1 km of River Odra) to a border with internal sea waters, together with side-branches as well as the Klucz-Ustowo Piercing linking River Eastern Odra with River Western Odra

River Parnica and the Parnicki Piercing from River Western Odra to a border with internal sea waters

River Pisa from Lake Roś to the estuary of River Narew

River Szkarpawa from River Wisła to the estuary of the Lagoon of Wisła

River Warta from the Ślesińskie Lake to the estuary of River Odra

System of Wielkie Jeziora Mazurskie encompassing the lakes linked by the rivers and channels constituting a main route from Lake Roś (inclusive) in Pisz to the Węgorzewski Channel (including that channel) in Węgorzewo, together with Lakes Seksty, Mikołajskie, Tałty, Tałtowisko, Kotek, Szymon, Szymoneckie, Jagodne, Boczne, Tajty, Kisajno, Dargin, Łabap, Kirsajty and Święcajty, together with the Giżycki Channel and the Niegociński Channel and the Piękna Góra Channel, and a by-way of Lake Ryńskie (inclusive) in Ryn to Lake Nidzkie (up to 3 km, constituting a border with the ‘Lake Nidzkie’ nature reserve), together with lakes Bełdany, Guzianka Mała and Guzianka Wielka.

River Wisła from the estuary of River Przemsza to the link with the Łączański Channel as well as from the estuary of that Channel in Skawina to the estuary of River Wisła to the Bay of Gdańsk, excluding the Włocławski Reservoir.

Slovak Republic

Danube: from Devín (rkm 1 880,26) to the Slovak-Hungarian border.

United Kingdom of Great Britain and Northern Ireland

| SCOTLAND |
| --- |
| Leith (Edinburgh) | Within the breakwaters |
| Glasgow | Strathclyde Loch |
| Crinan Canal | Crinan to Ardrishaig |
| Caledonian Canal | The canal sections |
| NORTHERN IRELAND |
| River Lagan | Lagan Weir to Stranmillis |
| EAST OF ENGLAND |
| River Wear (non-tidal) | Old Railway Bridge, Durham to Prebends Bridge, Durham |
| River Tees | Upriver from Tees Barrage |
| Grimsby Dock | Inside of the locks |
| Immingham Dock | Inside of the locks |
| Hull Docks | Inside of the locks |
| Boston Dock | Inside the lock gates |
| Aire and Calder Navigation | Goole Docks to Leeds; junction with Leeds and Liverpool Canal; Bank Dole Junction to Selby (River Ouse Lock); Castleford Junction to Wakefield (Falling Lock) |
| River Ancholme | Ferriby Sluice to Brigg |
| Calder and Hebble Canal | Wakefield (Falling Lock) to Broadcut Top Lock |
| River Foss | From (Blue Bridge) junction with River Ouse to Monk Bridge |
| Fossdyke Canal | Junction with River Trent to Brayford Pool |
| Goole Dock | Inside the lock gates |
| Hornsea Mere | The whole canal |
| River Hull | From Struncheon Hill Lock to Beverley Beck |
| Market Weighton Canal | River Humber Lock to Sod Houses Lock |
| New Junction Canal | The whole canal |
| River Ouse | From Naburn Lock to Nun Monkton |
| Sheffield and South Yorkshire Canal | Keadby Lock to Tinsley Lock |
| River Trent | Cromwell Lock to Shardlow |
| River Witham | Boston Sluice to Brayford Poole (Lincoln) |
| WALES AND WEST OF ENGLAND |
| River Severn | Above Llanthony and Maisemore Weirs |
| River Wye | Above Monmouth |
| Cardiff | Roath Park Lake |
| Port Talbot | Within the enclosed docks |
| Swansea | Within the enclosed docks |
| River Dee | Above Barrelwell Hill water extraction point |
| River Mersey | The docks (excluding Seaforth Dock) |
| River Lune | Above Glasson Dock |
| River Avon (Midland) | Tewkesbury Lock to Evesham |
| Gloucester | Gloucester City Docks Gloucester/Sharpness Canal |
| Hollingworth Lake | The whole lake |
| Manchester Ship Canal | The whole canal and Salford Docks including River Irwell |
| Pickmere Lake | The whole lake |
| River Tawe | Between Sea Barrage/Marina and the Morfa Athletics Stadium |
| Rudyard Lake | The whole lake |
| River Weaver | Below Northwich |
| SOUTH OF ENGLAND |
| River Nene | Wisbech Cut and River Nene to Dog-in-a-Doublet Lock |
| River Great Ouse | Kings Lynn Cut and River Great Ouse below West Lynn Road Bridge |
| Yarmouth | River Yare Estuary from a line drawn across the ends of the north and south entrance piers, including Breydon Water |
| Lowestoft | Lowestoft Harbour below Mutford Lock to a line drawn across the outer harbour entrance piers |
| Rivers Alde and Ore | Above the entrance to the River Ore to Westrow Point |
| River Deben | Above the entrance of the River Deben to Felixstowe Ferry |
| River Orwell and River Stour | From a line drawn from Fagbury Point to Shotley Point on the River Orwell to Ipswich Dock; and from a line drawn north/south through Erwarton Ness on the River Stour to Manningtree |
| Chelmer & Blackwater Canal | Eastward of Beeleigh Lock |
| River Thames and its tributaries | River Thames above Teddington Lock to Oxford |
| River Adur and Southwick Canal | River Adur above the west end of Tarmac Wharf, and within Southwick Canal |
| River Arun | River Arun above Littlehampton Marina |
| River Ouse (Sussex), Newhaven | River Ouse above the north end of North Quay |
| Bewl Water | The whole lake |
| Grafham Water | The whole lake |
| Rutland Water | The whole lake |
| Thorpe Park Lake | The whole lake |
| Chichester | East of a line joining Cobnor Point and Chalkdock Point |
| Christchurch | Within Christchurch Harbour excluding the Run |
| Exeter Canal | The whole canal |
| River Avon (Avon) | Bristol City Docks
  Netham Dam to Pulteney Weir |

SCOTLAND

Leith (Edinburgh)

Within the breakwaters

Glasgow

Strathclyde Loch

Crinan Canal

Crinan to Ardrishaig

Caledonian Canal

The canal sections

NORTHERN IRELAND

River Lagan

Lagan Weir to Stranmillis

EAST OF ENGLAND

River Wear (non-tidal)

Old Railway Bridge, Durham to Prebends Bridge, Durham

River Tees

Upriver from Tees Barrage

Grimsby Dock

Inside of the locks

Immingham Dock

Inside of the locks

Hull Docks

Inside of the locks

Boston Dock

Inside the lock gates

Aire and Calder Navigation

Goole Docks to Leeds; junction with Leeds and Liverpool Canal; Bank Dole Junction to Selby (River Ouse Lock); Castleford Junction to Wakefield (Falling Lock)

River Ancholme

Ferriby Sluice to Brigg

Calder and Hebble Canal

Wakefield (Falling Lock) to Broadcut Top Lock

River Foss

From (Blue Bridge) junction with River Ouse to Monk Bridge

Fossdyke Canal

Junction with River Trent to Brayford Pool

Goole Dock

Inside the lock gates

Hornsea Mere

The whole canal

River Hull

From Struncheon Hill Lock to Beverley Beck

Market Weighton Canal

River Humber Lock to Sod Houses Lock

New Junction Canal

The whole canal

River Ouse

From Naburn Lock to Nun Monkton

Sheffield and South Yorkshire Canal

Keadby Lock to Tinsley Lock

River Trent

Cromwell Lock to Shardlow

River Witham

Boston Sluice to Brayford Poole (Lincoln)

WALES AND WEST OF ENGLAND

River Severn

Above Llanthony and Maisemore Weirs

River Wye

Above Monmouth

Cardiff

Roath Park Lake

Port Talbot

Within the enclosed docks

Swansea

Within the enclosed docks

River Dee

Above Barrelwell Hill water extraction point

River Mersey

The docks (excluding Seaforth Dock)

River Lune

Above Glasson Dock

River Avon (Midland)

Tewkesbury Lock to Evesham

Gloucester

Gloucester City Docks Gloucester/Sharpness Canal

Hollingworth Lake

The whole lake

Manchester Ship Canal

The whole canal and Salford Docks including River Irwell

Pickmere Lake

The whole lake

River Tawe

Between Sea Barrage/Marina and the Morfa Athletics Stadium

Rudyard Lake

The whole lake

River Weaver

Below Northwich

SOUTH OF ENGLAND

River Nene

Wisbech Cut and River Nene to Dog-in-a-Doublet Lock

River Great Ouse

Kings Lynn Cut and River Great Ouse below West Lynn Road Bridge

Yarmouth

River Yare Estuary from a line drawn across the ends of the north and south entrance piers, including Breydon Water

Lowestoft

Lowestoft Harbour below Mutford Lock to a line drawn across the outer harbour entrance piers

Rivers Alde and Ore

Above the entrance to the River Ore to Westrow Point

River Deben

Above the entrance of the River Deben to Felixstowe Ferry

River Orwell and River Stour

From a line drawn from Fagbury Point to Shotley Point on the River Orwell to Ipswich Dock; and from a line drawn north/south through Erwarton Ness on the River Stour to Manningtree

Chelmer & Blackwater Canal

Eastward of Beeleigh Lock

River Thames and its tributaries

River Thames above Teddington Lock to Oxford

River Adur and Southwick Canal

River Adur above the west end of Tarmac Wharf, and within Southwick Canal

River Arun

River Arun above Littlehampton Marina

River Ouse (Sussex), Newhaven

River Ouse above the north end of North Quay

Bewl Water

The whole lake

Grafham Water

The whole lake

Rutland Water

The whole lake

Thorpe Park Lake

The whole lake

Chichester

East of a line joining Cobnor Point and Chalkdock Point

Christchurch

Within Christchurch Harbour excluding the Run

Exeter Canal

The whole canal

River Avon (Avon)

Bristol City Docks

Netham Dam to Pulteney Weir

CHAPTER 3

Zone 4

Kingdom of Belgium

The entire Belgian network except the waterways in Zone 3.

Czech Republic

All other waterways not listed in Zones 1, 2 and 3.

Federal Republic of Germany

All inland waterways other than those in Zones 1, 2 and 3

French Republic

The entire French network except the waterways in Zones 1, 2 and 3.

Italian Republic

River Po: from Piacenza to the mouth.

Milan-Cremona Canal, River Po: final stretch of 15 km to the Po.

River Mincio: from Mantua, Governolo to the Po.

Ferrara Waterway: from the Po (Pontelagoscuro), Ferrara to Porto Garibaldi.

Brondolo and Valle Canals: from the eastern Po to the Venice lagoon.

Fissero Canal — Tartaro — Canalbianco: from Adria to the eastern Po.

Venetian coastline: from the Venice lagoon to Grado.

Republic of Lithuania

The entire Lithuanian network.

Grand Duchy of Luxembourg

Moselle.

Republic of Hungary

All other waterways not listed in Zones 2 and 3.

Kingdom of the Netherlands

All other rivers, canals and inland seas not listed in Zones 1, 2 and 3.

Republic of Austria

Thaya: up to Bernhardsthal.

March: above km 6,00.

Republic of Poland

All other waterways not listed in Zones 1, 2 and 3.

Slovak Republic

All other waterways not listed in Zone 3.

United Kingdom of Great Britain and Northern Ireland

| SCOTLAND |
| --- |
| Ratho and Linlithgow Union Canal | The whole canal |
| Glasgow | Forth and Clyde Canal
  Monkland Canal, Faskine and Drumpellier sections
  Hogganfield Loch |
| EAST OF ENGLAND |
| River Ancholme | Brigg to Harram Hill Lock |
| Calder and Hebble Canal | Broadcut Top Lock to Sowerby Bridge |
| Chesterfield Canal | West Stockwith to Worksop |
| Cromford Canal | The whole canal |
| River Derwent | From junction with River Ouse to Stamford Bridge |
| Driffield Navigation | From Struncheon Hill Lock to Great Driffield |
| Erewash Canal | Trent Lock to Langley Mill Lock |
| Huddersfield Canal | Junction with Calder and Hebble at Coopers Bridge to Huddersfield Narrow Canal at Huddersfield
  Between Ashton-Under-Lyne and Huddersfield |
| Leeds and Liverpool Canal | From Leeds River Lock to Skipton Wharf |
| Light Water Valley Lake | The whole lake |
| The Mere, Scarborough | The whole lake |
| River Ouse | Above Nun Monkton Pool |
| Pocklington Canal | From the junction with River Derwent to Melbourne Basin |
| Sheffield and South Yorkshire Canal | Tinsley Lock to Sheffield |
| River Soar | Trent Junction to Loughborough |
| Trent and Mersey Canal | Shardlow to Dellow Lane Lock |
| River Ure and Ripon Canal | From Junction with River Ouse to Ripon Canal (Ripon Basin) |
| Ashton Canal | The whole canal |
| WALES AND WEST OF ENGLAND |
| River Avon (Midland) | Above Evesham |
| Birmingham Canal Navigation | The whole canal |
| Birmingham and Fazeley Canal | The whole canal |
| Coventry Canal | The whole canal |
| Grand Union Canal (from Napton Junction to Birmingham and Fazeley) | The whole section of the canal |
| Kennet and Avon Canal (Bath to Newbury) | The whole section of the canal |
| Lancaster Canal | The whole canal |
| Leeds and Liverpool Canal | The whole canal |
| Llangollen Canal | The whole canal |
| Caldon Canal | The whole canal |
| Peak Forest Canal | The whole canal |
| Macclesfield Canal | The whole canal |
| Monmouthshire and Brecon Canal | The whole canal |
| Montgomery Canal | The whole canal |
| Rochdale Canal | The whole canal |
| Swansea Canal | The whole canal |
| Neath & Tennant Canal | The whole canal |
| Shropshire Union Canal | The whole canal |
| Staffordshire and Worcester Canal | The whole canal |
| Stratford-upon-Avon Canal | The whole canal |
| River Trent | The whole river |
| Trent and Mersey Canal | The whole canal |
| River Weaver | Above Northwich |
| Worcester and Birmingham Canal | The whole canal |
| SOUTH OF ENGLAND |
| River Nene | Above Dog-in-a-Doublet Lock |
| River Great Ouse | Kings Lynn above West Lynn Road Bridge; River Great Ouse and all connected Fenland Waterways including the River Cam and Middle Level Navigation |
| The Norfolk and Suffolk Broads | All navigable tidal and non-tidal rivers, broads, canals and waterways within the Norfolk and Suffolk Broads including Oulton Broad, and Rivers Waveney, Yare, Bure, Ant and Thurne except as specified for Yarmouth and Lowestoft |
| River Blyth | River Blyth, entrance to Blythburgh |
| Rivers Alde and Ore | On the River Alde above Westrow Point |
| River Deben | River Deben above Felixstowe Ferry |
| River Orwell and River Stour | All waterways on the River Stour above Manningtree |
| Chelmer & Blackwater Canal | Westward of Beeleigh Lock |
| River Thames and its tributaries | River Stort and River Lee above Bow Creek; Grand Union Canal above Brentford Lock and Regents Canal above Limehouse Basin and all canals connected therewith; River Wey above Thames Lock; Kennet and Avon Canal; River Thames above Oxford; Oxford Canal |
| River Medway and the Swale | River Medway above Allington Lock |
| River Stour (Kent) | River Stour above the landing at Flagstaff Reach |
| Dover Harbour | The whole harbour |
| River Rother | River Rother and the Royal Military Canal above Scots Float Sluice and River Brede above the entrance lock |
| Brighton | Brighton Marina inner harbour above the lock |
| Wickstead Park Lake | The whole lake |
| Kennet and Avon Canal | The whole canal |
| Grand Union Canal | The whole canal |
| River Avon (Avon) | Above Pulteney Weir |
| Bridgewater Canal | The whole canal |

SCOTLAND

Ratho and Linlithgow Union Canal

The whole canal

Glasgow

Forth and Clyde Canal

Monkland Canal, Faskine and Drumpellier sections

Hogganfield Loch

EAST OF ENGLAND

River Ancholme

Brigg to Harram Hill Lock

Calder and Hebble Canal

Broadcut Top Lock to Sowerby Bridge

Chesterfield Canal

West Stockwith to Worksop

Cromford Canal

The whole canal

River Derwent

From junction with River Ouse to Stamford Bridge

Driffield Navigation

From Struncheon Hill Lock to Great Driffield

Erewash Canal

Trent Lock to Langley Mill Lock

Huddersfield Canal

Junction with Calder and Hebble at Coopers Bridge to Huddersfield Narrow Canal at Huddersfield

Between Ashton-Under-Lyne and Huddersfield

Leeds and Liverpool Canal

From Leeds River Lock to Skipton Wharf

Light Water Valley Lake

The whole lake

The Mere, Scarborough

The whole lake

River Ouse

Above Nun Monkton Pool

Pocklington Canal

From the junction with River Derwent to Melbourne Basin

Sheffield and South Yorkshire Canal

Tinsley Lock to Sheffield

River Soar

Trent Junction to Loughborough

Trent and Mersey Canal

Shardlow to Dellow Lane Lock

River Ure and Ripon Canal

From Junction with River Ouse to Ripon Canal (Ripon Basin)

Ashton Canal

The whole canal

WALES AND WEST OF ENGLAND

River Avon (Midland)

Above Evesham

Birmingham Canal Navigation

The whole canal

Birmingham and Fazeley Canal

The whole canal

Coventry Canal

The whole canal

Grand Union Canal (from Napton Junction to Birmingham and Fazeley)

The whole section of the canal

Kennet and Avon Canal (Bath to Newbury)

The whole section of the canal

Lancaster Canal

The whole canal

Leeds and Liverpool Canal

The whole canal

Llangollen Canal

The whole canal

Caldon Canal

The whole canal

Peak Forest Canal

The whole canal

Macclesfield Canal

The whole canal

Monmouthshire and Brecon Canal

The whole canal

Montgomery Canal

The whole canal

Rochdale Canal

The whole canal

Swansea Canal

The whole canal

Neath & Tennant Canal

The whole canal

Shropshire Union Canal

The whole canal

Staffordshire and Worcester Canal

The whole canal

Stratford-upon-Avon Canal

The whole canal

River Trent

The whole river

Trent and Mersey Canal

The whole canal

River Weaver

Above Northwich

Worcester and Birmingham Canal

The whole canal

SOUTH OF ENGLAND

River Nene

Above Dog-in-a-Doublet Lock

River Great Ouse

Kings Lynn above West Lynn Road Bridge; River Great Ouse and all connected Fenland Waterways including the River Cam and Middle Level Navigation

The Norfolk and Suffolk Broads

All navigable tidal and non-tidal rivers, broads, canals and waterways within the Norfolk and Suffolk Broads including Oulton Broad, and Rivers Waveney, Yare, Bure, Ant and Thurne except as specified for Yarmouth and Lowestoft

River Blyth

River Blyth, entrance to Blythburgh

Rivers Alde and Ore

On the River Alde above Westrow Point

River Deben

River Deben above Felixstowe Ferry

River Orwell and River Stour

All waterways on the River Stour above Manningtree

Chelmer & Blackwater Canal

Westward of Beeleigh Lock

River Thames and its tributaries

River Stort and River Lee above Bow Creek; Grand Union Canal above Brentford Lock and Regents Canal above Limehouse Basin and all canals connected therewith; River Wey above Thames Lock; Kennet and Avon Canal; River Thames above Oxford; Oxford Canal

River Medway and the Swale

River Medway above Allington Lock

River Stour (Kent)

River Stour above the landing at Flagstaff Reach

Dover Harbour

The whole harbour

River Rother

River Rother and the Royal Military Canal above Scots Float Sluice and River Brede above the entrance lock

Brighton

Brighton Marina inner harbour above the lock

Wickstead Park Lake

The whole lake

Kennet and Avon Canal

The whole canal

Grand Union Canal

The whole canal

River Avon (Avon)

Above Pulteney Weir

Bridgewater Canal

The whole canal

---

(1)  In the case of vessels whose home port is elsewhere, account is to be taken of Article 32 of the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II p. 602).

(2)  In the case of vessels whose home port is in another State, account is to be taken of Article 32 of the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602).

ANNEX II

MINIMUM TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1, 2, 3 AND 4

CONTENTS

PART I

CHAPTER 1

GENERAL

| Article 1.01 | Definitions |
| --- | --- |

Article 1.01

| Article 1.02 | (Left void) |
| --- | --- |

Article 1.02

| Article 1.03 | (Left void) |
| --- | --- |

Article 1.03

| Article 1.04 | (Left void) |
| --- | --- |

Article 1.04

| Article 1.05 | (Left void) |
| --- | --- |

Article 1.05

| Article 1.06 | Temporary requirements |
| --- | --- |

Article 1.06

| Article 1.07 | Administrative instructions |
| --- | --- |

Article 1.07

CHAPTER 2

PROCEDURE

| Article 2.01 | Inspection bodies |
| --- | --- |

Article 2.01

| Article 2.02 | Request for an inspection |
| --- | --- |

Article 2.02

| Article 2.03 | Presentation of the craft for inspection |
| --- | --- |

Article 2.03

| Article 2.04 | (Left void) |
| --- | --- |

Article 2.04

| Article 2.05 | Provisional Community certificate |
| --- | --- |

Article 2.05

| Article 2.06 | Validity of the Community certificate |
| --- | --- |

Article 2.06

| Article 2.07 | Particulars in and amendments to the Community certificate |
| --- | --- |

Article 2.07

| Article 2.08 | (Left void) |
| --- | --- |

Article 2.08

| Article 2.09 | Periodical inspection |
| --- | --- |

Article 2.09

| Article 2.10 | Voluntary inspection |
| --- | --- |

Article 2.10

| Article 2.11 | (Left void) |
| --- | --- |

Article 2.11

| Article 2.12 | (Left void) |
| --- | --- |

Article 2.12

| Article 2.13 | (Left void) |
| --- | --- |

Article 2.13

| Article 2.14 | (Left void) |
| --- | --- |

Article 2.14

| Article 2.15 | Expenses |
| --- | --- |

Article 2.15

| Article 2.16 | Information |
| --- | --- |

Article 2.16

| Article 2.17 | Register of Community certificates |
| --- | --- |

Article 2.17

| Article 2.18 | Official number |
| --- | --- |

Article 2.18

| Article 2.19 | Equivalences and derogations |
| --- | --- |

Article 2.19

PART II

CHAPTER 3

SHIPBUILDING REQUIREMENTS

| Article 3.01 | Basic requirement |
| --- | --- |

Article 3.01

| Article 3.02 | Strength and stability |
| --- | --- |

Article 3.02

| Article 3.03 | Hull |
| --- | --- |

Article 3.03

| Article 3.04 | Engine and boiler rooms, bunkers |
| --- | --- |

Article 3.04

CHAPTER 4

SAFETY CLEARANCE, FREEBOARD AND DRAUGHT MARKS

| Article 4.01 | Safety clearance |
| --- | --- |

Article 4.01

| Article 4.02 | Freeboard |
| --- | --- |

Article 4.02

| Article 4.03 | Minimum freeboard |
| --- | --- |

Article 4.03

| Article 4.04 | Draught marks |
| --- | --- |

Article 4.04

| Article 4.05 | Maximum loaded draught of vessels whose holds are not always closed so as to be spray-proof and weathertight |
| --- | --- |

Article 4.05

| Article 4.06 | Draught scales |
| --- | --- |

Article 4.06

CHAPTER 5

MANOEUVRABILITY

| Article 5.01 | General |
| --- | --- |

Article 5.01

| Article 5.02 | Navigation tests |
| --- | --- |

Article 5.02

| Article 5.03 | Test area |
| --- | --- |

Article 5.03

| Article 5.04 | Degree of loading of vessels and convoys during navigation tests |
| --- | --- |

Article 5.04

| Article 5.05 | Use of on-board facilities for navigation test |
| --- | --- |

Article 5.05

| Article 5.06 | Prescribed (forward) speed |
| --- | --- |

Article 5.06

| Article 5.07 | Stopping capacity |
| --- | --- |

Article 5.07

| Article 5.08 | Capacity for going astern |
| --- | --- |

Article 5.08

| Article 5.09 | Capacity for taking evasive action |
| --- | --- |

Article 5.09

| Article 5.10 | Turning capacity |
| --- | --- |

Article 5.10

CHAPTER 6

STEERING SYSTEM

| Article 6.01 | General requirements |
| --- | --- |

Article 6.01

| Article 6.02 | Steering apparatus drive unit |
| --- | --- |

Article 6.02

| Article 6.03 | Hydraulic steering apparatus drive unit |
| --- | --- |

Article 6.03

| Article 6.04 | Power source |
| --- | --- |

Article 6.04

| Article 6.05 | Manual drive |
| --- | --- |

Article 6.05

| Article 6.06 | Rudder-propeller, water-jet, cycloidal-propeller and bow-thruster systems |
| --- | --- |

Article 6.06

| Article 6.07 | Indicators and monitoring devices |
| --- | --- |

Article 6.07

| Article 6.08 | Rate-of-turn regulators |
| --- | --- |

Article 6.08

| Article 6.09 | Acceptance procedure |
| --- | --- |

Article 6.09

CHAPTER 7

WHEELHOUSE

| Article 7.01 | General |
| --- | --- |

Article 7.01

| Article 7.02 | Unobstructed view |
| --- | --- |

Article 7.02

| Article 7.03 | General requirements concerning control, indicating and monitoring equipment |
| --- | --- |

Article 7.03

| Article 7.04 | Specific requirements concerning control, indicating and monitoring equipment of main engines and steering system |
| --- | --- |

Article 7.04

| Article 7.05 | Navigation lights, light signals and sound signals |
| --- | --- |

Article 7.05

| Article 7.06 | Radar installations and rate-of-turn indicators |
| --- | --- |

Article 7.06

| Article 7.07 | Radio telephony systems for vessels with wheelhouses designed for radar navigation by one person |
| --- | --- |

Article 7.07

| Article 7.08 | Internal communication facilities on board |
| --- | --- |

Article 7.08

| Article 7.09 | Alarm system |
| --- | --- |

Article 7.09

| Article 7.10 | Heating and ventilation |
| --- | --- |

Article 7.10

| Article 7.11 | Stern-anchor operating equipment |
| --- | --- |

Article 7.11

| Article 7.12 | Retractable wheelhouses |
| --- | --- |

Article 7.12

| Article 7.13 | Entry in the Community certificate for vessels with wheelhouses designed for radar navigation by one person |
| --- | --- |

Article 7.13

CHAPTER 8

ENGINE DESIGN

| Article 8.01 | General |
| --- | --- |

Article 8.01

| Article 8.02 | Safety equipment |
| --- | --- |

Article 8.02

| Article 8.03 | Power plant |
| --- | --- |

Article 8.03

| Article 8.04 | Engine exhaust system |
| --- | --- |

Article 8.04

| Article 8.05 | Fuel tanks, pipes and accessories |
| --- | --- |

Article 8.05

| Article 8.06 | Storage of lubricating oil, pipes and accessories |
| --- | --- |

Article 8.06

| Article 8.07 | Storage of oils used in power transmission systems, control and activating systems and heating systems, pipes and accessories |
| --- | --- |

Article 8.07

| Article 8.08 | Bilge pumping and drainage systems |
| --- | --- |

Article 8.08

| Article 8.09 | Oily water and used oil stores |
| --- | --- |

Article 8.09

| Article 8.10 | Noise emitted by vessels |
| --- | --- |

Article 8.10

| CHAPTER 8a | (Left void) |
| --- | --- |

CHAPTER 8a

CHAPTER 9

ELECTRICAL EQUIPMENT

| Article 9.01 | General |
| --- | --- |

Article 9.01

| Article 9.02 | Electricity supply systems |
| --- | --- |

Article 9.02

| Article 9.03 | Protection against physical contact, intrusion of solid objects and the ingress of water |
| --- | --- |

Article 9.03

| Article 9.04 | Protection from explosion |
| --- | --- |

Article 9.04

| Article 9.05 | Earthing |
| --- | --- |

Article 9.05

| Article 9.06 | Maximum permissible voltages |
| --- | --- |

Article 9.06

| Article 9.07 | Distribution systems |
| --- | --- |

Article 9.07

| Article 9.08 | Connection to shore or other external networks |
| --- | --- |

Article 9.08

| Article 9.09 | Power supply to other craft |
| --- | --- |

Article 9.09

| Article 9.10 | Generators and motors |
| --- | --- |

Article 9.10

| Article 9.11 | Accumulators |
| --- | --- |

Article 9.11

| Article 9.12 | Switchgear installations |
| --- | --- |

Article 9.12

| Article 9.13 | Emergency circuit breakers |
| --- | --- |

Article 9.13

| Article 9.14 | Installation fittings |
| --- | --- |

Article 9.14

| Article 9.15 | Cables |
| --- | --- |

Article 9.15

| Article 9.16 | Lighting installations |
| --- | --- |

Article 9.16

| Article 9.17 | Navigation lights |
| --- | --- |

Article 9.17

| Article 9.18 | (Left void) |
| --- | --- |

Article 9.18

| Article 9.19 | Alarm and safety systems for mechanical equipment |
| --- | --- |

Article 9.19

| Article 9.20 | Electronic equipment |
| --- | --- |

Article 9.20

| Article 9.21 | Electromagnetic compatibility |
| --- | --- |

Article 9.21

CHAPTER 10

EQUIPMENT

| Article 10.01 | Anchor equipment |
| --- | --- |

Article 10.01

| Article 10.02 | Other equipment |
| --- | --- |

Article 10.02

| Article10.03 | Portable fire extinguishers |
| --- | --- |

Article10.03

| Article 10.03a | Permanently installed fire-fighting systems in accommodation spaces, wheelhouses and passenger spaces |
| --- | --- |

Article 10.03a

| Article 10.03b | Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms |
| --- | --- |

Article 10.03b

| Article 10.04 | Ship's boats |
| --- | --- |

Article 10.04

| Article 10.05 | Lifebuoys and lifejackets |
| --- | --- |

Article 10.05

CHAPTER 11

SAFETY AT WORK STATIONS

| Article 11.01 | General |
| --- | --- |

Article 11.01

| Article 11.02 | Protection against falling |
| --- | --- |

Article 11.02

| Article 11.03 | Dimensions of working spaces |
| --- | --- |

Article 11.03

| Article 11.04 | Side decks |
| --- | --- |

Article 11.04

| Article 11.05 | Access to working spaces |
| --- | --- |

Article 11.05

| Article 11.06 | Exits and emergency exits |
| --- | --- |

Article 11.06

| Article 11.07 | Ladders, steps and similar devices |
| --- | --- |

Article 11.07

| Article 11.08 | Interior spaces |
| --- | --- |

Article 11.08

| Article 11.09 | Protection against noise and vibration |
| --- | --- |

Article 11.09

| Article 11.10 | Hatch covers |
| --- | --- |

Article 11.10

| Article 11.11 | Winches |
| --- | --- |

Article 11.11

| Article 11.12 | Cranes |
| --- | --- |

Article 11.12

| Article 11.13 | Storing flammable liquids |
| --- | --- |

Article 11.13

CHAPTER 12

ACCOMMODATION

| Article 12.01 | General |
| --- | --- |

Article 12.01

| Article 12.02 | Special design requirements for accommodation |
| --- | --- |

Article 12.02

| Article 12.03 | Sanitary installations |
| --- | --- |

Article 12.03

| Article 12.04 | Galleys |
| --- | --- |

Article 12.04

| Article 12.05 | Potable water |
| --- | --- |

Article 12.05

| Article 12.06 | Heating and ventilation |
| --- | --- |

Article 12.06

| Article 12.07 | Other accommodation installations |
| --- | --- |

Article 12.07

CHAPTER 13

FUEL-FIRED HEATING, COOKING AND REFRIGERATING EQUIPMENT

| Article 13.01 | General |
| --- | --- |

Article 13.01

| Article 13.02 | Use of liquid fuels, oil-fired equipment |
| --- | --- |

Article 13.02

| Article 13.03 | Vaporising oil burner stoves and atomising oil burner heating appliances |
| --- | --- |

Article 13.03

| Article 13.04 | Vaporising oil burner stoves |
| --- | --- |

Article 13.04

| Article 13.05 | Atomising oil burner heating appliances |
| --- | --- |

Article 13.05

| Article 13.06 | Forced-air heating appliances |
| --- | --- |

Article 13.06

| Article 13.07 | Solid fuel heating |
| --- | --- |

Article 13.07

CHAPTER 14

LIQUEFIED GAS INSTALLATIONS FOR DOMESTIC PURPOSES

| Article 14.01 | General |
| --- | --- |

Article 14.01

| Article 14.02 | Installations |
| --- | --- |

Article 14.02

| Article 14.03 | Receptacles |
| --- | --- |

Article 14.03

| Article 14.04 | Location and arrangement of supply units |
| --- | --- |

Article 14.04

| Article 14.05 | Spare and empty receptacles |
| --- | --- |

Article 14.05

| Article 14.06 | Pressure regulators |
| --- | --- |

Article 14.06

| Article 14.07 | Pressure |
| --- | --- |

Article 14.07

| Article 14.08 | Piping and flexible tubes |
| --- | --- |

Article 14.08

| Article 14.09 | Distribution system |
| --- | --- |

Article 14.09

| Article 14.10 | Gas-consuming appliances and their installation |
| --- | --- |

Article 14.10

| Article 14.11 | Ventilation and evacuation of combustion gases |
| --- | --- |

Article 14.11

| Article 14.12 | Operating and safety requirements |
| --- | --- |

Article 14.12

| Article 14.13 | Acceptance test |
| --- | --- |

Article 14.13

| Article 14.14 | Tests |
| --- | --- |

Article 14.14

| Article 14.15 | Attestation |
| --- | --- |

Article 14.15

CHAPTER 15

SPECIFIC REQUIREMENTS APPLICABLE TO PASSENGER VESSELS

| Article 15.01 | General provisions |
| --- | --- |

Article 15.01

| Article 15.02 | Vessels' hulls |
| --- | --- |

Article 15.02

| Article 15.03 | Stability |
| --- | --- |

Article 15.03

| Article 15.04 | Safety clearance and freeboard |
| --- | --- |

Article 15.04

| Article 15.05 | Maximum permitted number of passengers |
| --- | --- |

Article 15.05

| Article 15.06 | Passenger rooms and areas |
| --- | --- |

Article 15.06

| Article 15.07 | Propulsion system |
| --- | --- |

Article 15.07

| Article 15.08 | Safety devices and equipment |
| --- | --- |

Article 15.08

| Article 15.09 | Life-saving equipment |
| --- | --- |

Article 15.09

| Article 15.10 | Electrical Equipment |
| --- | --- |

Article 15.10

| Article 15.11 | Fire protection |
| --- | --- |

Article 15.11

| Article 15.12 | Fire-fighting |
| --- | --- |

Article 15.12

| Article 15.13 | Safety organisation |
| --- | --- |

Article 15.13

| Article 15.14 | Waste water collection and disposal facilities |
| --- | --- |

Article 15.14

| Article 15.15 | Derogations for certain passenger vessels |
| --- | --- |

Article 15.15

CHAPTER 15a

SPECIFIC REQUIREMENTS FOR PASSENGER SAILING VESSELS

| Article 15a.01 | Application of Part II |
| --- | --- |

Article 15a.01

| Article 15a.02 | Exceptions for certain passenger sailing vessels |
| --- | --- |

Article 15a.02

| Article 15a.03 | Stability requirements for vessels under sail |
| --- | --- |

Article 15a.03

| Article 15a.04 | Shipbuilding and mechanical requirements |
| --- | --- |

Article 15a.04

| Article 15a.05 | Rigging in general |
| --- | --- |

Article 15a.05

| Article 15a.06 | Masts and spars in general |
| --- | --- |

Article 15a.06

| Article 15a.07 | Special provisions for masts |
| --- | --- |

Article 15a.07

| Article 15a.08 | Special provisions for topmasts |
| --- | --- |

Article 15a.08

| Article 15a.09 | Special provisions for bowsprits |
| --- | --- |

Article 15a.09

| Article 15a.10 | Special provisions for jib-booms |
| --- | --- |

Article 15a.10

| Article 15a.11 | Special provisions for main booms |
| --- | --- |

Article 15a.11

| Article 15a.12 | Special provisions for gaffs |
| --- | --- |

Article 15a.12

| Article 15a.13 | General provisions for standing and running rigging |
| --- | --- |

Article 15a.13

| Article 15a.14 | Special provisions for standing rigging |
| --- | --- |

Article 15a.14

| Article 15a.15 | Special provisions for running rigging |
| --- | --- |

Article 15a.15

| Article 15a.16 | Fittings and parts of the rigging |
| --- | --- |

Article 15a.16

| Article 15a.17 | Sails |
| --- | --- |

Article 15a.17

| Article 15a.18 | Equipment |
| --- | --- |

Article 15a.18

| Article 15a.19 | Testing |
| --- | --- |

Article 15a.19

CHAPTER 16

SPECIFIC REQUIREMENTS APPLICABLE TO CRAFT INTENDED TO FORM PART OF A PUSHED OR TOWED CONVOY OR OF A SIDE-BY-SIDE FORMATION

| Article 16.01 | Craft suitable for pushing |
| --- | --- |

Article 16.01

| Article 16.02 | Craft suitable for being pushed |
| --- | --- |

Article 16.02

| Article 16.03 | Craft suitable for propelling side-by-side formations |
| --- | --- |

Article 16.03

| Article 16.04 | Craft suitable for being propelled in convoys |
| --- | --- |

Article 16.04

| Article 16.05 | Craft suitable for towing |
| --- | --- |

Article 16.05

| Article 16.06 | Navigation tests on convoys |
| --- | --- |

Article 16.06

| Article 16.07 | Entries on the Community certificate |
| --- | --- |

Article 16.07

CHAPTER 17

SPECIFIC REQUIREMENTS APPLICABLE TO FLOATING EQUIPMENT

| Article 17.01 | General |
| --- | --- |

Article 17.01

| Article 17.02 | Derogations |
| --- | --- |

Article 17.02

| Article 17.03 | Additional requirements |
| --- | --- |

Article 17.03

| Article 17.04 | Residual safety clearance |
| --- | --- |

Article 17.04

| Article 17.05 | Residual freeboard |
| --- | --- |

Article 17.05

| Article 17.06 | Heeling test |
| --- | --- |

Article 17.06

| Article 17.07 | Confirmation of stability |
| --- | --- |

Article 17.07

| Article 17.08 | Confirmation of stability in the case of reduced residual freeboard |
| --- | --- |

Article 17.08

| Article 17.09 | Draught marks and draught scales |
| --- | --- |

Article 17.09

| Article 17.10 | Floating equipment without confirmation of stability |
| --- | --- |

Article 17.10

CHAPTER 18

SPECIFIC REQUIREMENTS APPLICABLE TO WORKSITE CRAFT

| Article 18.01 | Operating conditions |
| --- | --- |

Article 18.01

| Article 18.02 | Application of Part II |
| --- | --- |

Article 18.02

| Article 18.03 | Derogations |
| --- | --- |

Article 18.03

| Article 18.04 | Safety clearance and freeboard |
| --- | --- |

Article 18.04

| Article 18.05 | Ship's boats |
| --- | --- |

Article 18.05

CHAPTER 19

SPECIFIC REQUIREMENTS APPLICABLE TO HISTORIC VESSELS (Left void)

CHAPTER 19a

SPECIFIC REQUIREMENTS APPLICABLE TO CANAL BARGES (Left void)

CHAPTER 19b

SPECIFIC REQUIREMENTS APPLICABLE TO VESSELS NAVIGATING ON ZONE 4 WATERWAYS

| Article 19b.01 | Application of Chapter 4 |
| --- | --- |

Article 19b.01

CHAPTER 20

SPECIFIC REQUIREMENTS APPLICABLE TO SEA-GOING VESSELS (Left void)

CHAPTER 21

SPECIFIC REQUIREMENTS APPLICABLE TO RECREATIONAL CRAFT

| Article 21.01 | General |
| --- | --- |

Article 21.01

| Article 21.02 | Application of Part II |
| --- | --- |

Article 21.02

| Article 21.03 | (Left void) |
| --- | --- |

Article 21.03

CHAPTER 22

STABILITY OF VESSELS CARRYING CONTAINERS

| Article 22.01 | General |
| --- | --- |

Article 22.01

| Article 22.02 | Limit conditions and method of calculation for confirmation of stability for the transport of non-secured containers |
| --- | --- |

Article 22.02

| Article 22.03 | Limit conditions and method of calculation for confirmation of stability for the transport of secured containers |
| --- | --- |

Article 22.03

| Article 22.04 | Procedure for assessing stability on board |
| --- | --- |

Article 22.04

CHAPTER 22a

SPECIFIC REQUIREMENTS APPLICABLE TO CRAFT LONGER THAN 110 M

| Article 22a.01 | Application of Part I |
| --- | --- |

Article 22a.01

| Article 22a.02 | Application of Part II |
| --- | --- |

Article 22a.02

| Article 22a.03 | Strength |
| --- | --- |

Article 22a.03

| Article 22a.04 | Buoyancy and stability |
| --- | --- |

Article 22a.04

| Article 22a.05 | Additional requirements |
| --- | --- |

Article 22a.05

| Article 22a.06 | Application of Part IV in the event of conversion |
| --- | --- |

Article 22a.06

CHAPTER 22b

SPECIFIC REQUIREMENTS APPLICABLE TO HIGH-SPEED VESSELS

| Article 22b.01 | General |
| --- | --- |

Article 22b.01

| Article 22b.02 | Application of Part I |
| --- | --- |

Article 22b.02

| Article 22b.03 | Application of Part II |
| --- | --- |

Article 22b.03

| Article 22b.04 | Seats and safety belts |
| --- | --- |

Article 22b.04

| Article 22b.05 | Freeboard |
| --- | --- |

Article 22b.05

| Article 22b.06 | Buoyancy, stability and subdivision |
| --- | --- |

Article 22b.06

| Article 22b.07 | Wheelhouse |
| --- | --- |

Article 22b.07

| Article 22b.08 | Additional equipment |
| --- | --- |

Article 22b.08

| Article 22b.09 | Closed areas |
| --- | --- |

Article 22b.09

| Article 22b.10 | Exits and escape routes |
| --- | --- |

Article 22b.10

| Article 22b.11 | Fire protection and fire-fighting |
| --- | --- |

Article 22b.11

| Article 22b.12 | Transitional provisions |
| --- | --- |

Article 22b.12

PART III

CHAPTER 23

EQUIPMENT OF VESSELS WITH REGARD TO MANNING

| Article 23.01 | (Left void) |
| --- | --- |

Article 23.01

| Article 23.02 | (Left void) |
| --- | --- |

Article 23.02

| Article 23.03 | (Left void) |
| --- | --- |

Article 23.03

| Article 23.04 | (Left void) |
| --- | --- |

Article 23.04

| Article 23.05 | (Left void) |
| --- | --- |

Article 23.05

| Article 23.06 | (Left void) |
| --- | --- |

Article 23.06

| Article 23.07 | (Left void) |
| --- | --- |

Article 23.07

| Article 23.08 | (Left void) |
| --- | --- |

Article 23.08

| Article 23.09 | Vessels' equipment |
| --- | --- |

Article 23.09

| Article 23.10 | (Left void) |
| --- | --- |

Article 23.10

| Article 23.11 | (Left void) |
| --- | --- |

Article 23.11

| Article 23.12 | (Left void) |
| --- | --- |

Article 23.12

| Article 23.13 | (Left void) |
| --- | --- |

Article 23.13

| Article 23.14 | (Left void) |
| --- | --- |

Article 23.14

| Article 23.15 | (Left void) |
| --- | --- |

Article 23.15

PART IV

CHAPTER 24

TRANSITIONAL AND FINAL PROVISIONS

| Article 24.01 | Applicability of transitional provisions to craft which are already in service |
| --- | --- |

Article 24.01

| Article 24.02 | Derogations for craft which are already in service |
| --- | --- |

Article 24.02

| Article 24.03 | Derogations for craft which were laid down on or before 1 April 1976 |
| --- | --- |

Article 24.03

| Article 24.04 | Other derogations |
| --- | --- |

Article 24.04

| Article 24.05 | (Left void) |
| --- | --- |

Article 24.05

| Article 24.06 | Derogations for craft not covered by Article 24.01 |
| --- | --- |

Article 24.06

| Article 24.07 | (Left void) |
| --- | --- |

Article 24.07

CHAPTER 24a

TRANSITIONAL PROVISIONS FOR CRAFT NOT NAVIGATING ON ZONE R WATERWAYS

| Article 24a.01 | Application of transitional provisions to craft already in service and validity of previous Community certificates |
| --- | --- |

Article 24a.01

| Article 24a.02 | Derogations for craft already in service |
| --- | --- |

Article 24a.02

| Article 24a.03 | Derogations for craft the keels of which were laid before 1 January 1985 |
| --- | --- |

Article 24a.03

| Article 24a.04 | Other derogations |
| --- | --- |

Article 24a.04

| Appendix I | SAFETY SIGNS |
| --- | --- |

Appendix I

| Appendix II | ADMINISTRATIVE INSTRUCTIONS |
| --- | --- |

Appendix II

PART I

CHAPTER 1

GENERAL

Article 1.01

Definitions

The following definitions shall apply in this Directive:

| | Types of craft








  1. | ‘craft’: a vessel or item of floating equipment; |
| --- | --- | --- |

Types of craft

1.

‘craft’: a vessel or item of floating equipment;

| 2. | ‘vessel’: an inland waterway vessel or sea-going ship; |
| --- | --- |

2.

‘vessel’: an inland waterway vessel or sea-going ship;

| 3. | ‘inland waterway vessel’: a vessel intended solely or mainly for navigation on inland waterways; |
| --- | --- |

3.

‘inland waterway vessel’: a vessel intended solely or mainly for navigation on inland waterways;

| 4. | ‘sea-going ship’: a vessel certificated for sea-going service; |
| --- | --- |

4.

‘sea-going ship’: a vessel certificated for sea-going service;

| 5. | ‘motor vessel’: a motor cargo vessel or a motor tanker; |
| --- | --- |

5.

‘motor vessel’: a motor cargo vessel or a motor tanker;

| 6. | ‘motor tanker’: a vessel intended for the carriage of goods in fixed tanks and built to navigate independently under its own motive power; |
| --- | --- |

6.

‘motor tanker’: a vessel intended for the carriage of goods in fixed tanks and built to navigate independently under its own motive power;

| 7. | ‘motor cargo vessel’: a vessel, other than a motor tanker, intended for the carriage of goods and built to navigate independently under its own motive power; |
| --- | --- |

7.

‘motor cargo vessel’: a vessel, other than a motor tanker, intended for the carriage of goods and built to navigate independently under its own motive power;

| 8. | ‘canal barge’: an inland waterway vessel not exceeding 38,5 m in length and 5,05 m in breadth and usually operating on the Rhine-Rhône-Canal; |
| --- | --- |

8.

‘canal barge’: an inland waterway vessel not exceeding 38,5 m in length and 5,05 m in breadth and usually operating on the Rhine-Rhône-Canal;

| 9. | ‘tug’: a vessel specially built to perform towing operations; |
| --- | --- |

9.

‘tug’: a vessel specially built to perform towing operations;

| 10. | ‘pusher’: a vessel specially built to propel a pushed convoy; |
| --- | --- |

10.

‘pusher’: a vessel specially built to propel a pushed convoy;

| 11. | ‘barge’: a dumb barge or tank barge; |
| --- | --- |

11.

‘barge’: a dumb barge or tank barge;

| 12. | ‘tank barge’: a vessel intended for the carriage of goods in fixed tanks and built to be towed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres; |
| --- | --- |

12.

‘tank barge’: a vessel intended for the carriage of goods in fixed tanks and built to be towed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres;

| 13. | ‘dumb barge’: a vessel, other than a tank barge, intended for the carriage of goods and built to be towed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres; |
| --- | --- |

13.

‘dumb barge’: a vessel, other than a tank barge, intended for the carriage of goods and built to be towed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres;

| 14. | ‘lighter’: a tank lighter, cargo lighter or ship-borne lighter; |
| --- | --- |

14.

‘lighter’: a tank lighter, cargo lighter or ship-borne lighter;

| 15. | ‘tank lighter’: a vessel intended for the carriage of goods in fixed tanks, built or specially modified to be pushed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres when not part of a pushed convoy; |
| --- | --- |

15.

‘tank lighter’: a vessel intended for the carriage of goods in fixed tanks, built or specially modified to be pushed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres when not part of a pushed convoy;

| 16. | ‘cargo lighter’: a vessel, other than a tank lighter, intended for the carriage of goods and built or specially modified to be pushed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres when not part of a pushed convoy; |
| --- | --- |

16.

‘cargo lighter’: a vessel, other than a tank lighter, intended for the carriage of goods and built or specially modified to be pushed, either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres when not part of a pushed convoy;

| 17. | ‘ship-borne lighter’: a lighter built to be carried aboard sea-going ships and to navigate on inland waterways; |
| --- | --- |

17.

‘ship-borne lighter’: a lighter built to be carried aboard sea-going ships and to navigate on inland waterways;

| 18. | ‘passenger vessel’: a day trip or cabin vessel constructed and equipped to carry more than 12 passengers; |
| --- | --- |

18.

‘passenger vessel’: a day trip or cabin vessel constructed and equipped to carry more than 12 passengers;

| 19. | ‘passenger sailing vessel’: a passenger vessel built and fitted out also with a view to propulsion under sail; |
| --- | --- |

19.

‘passenger sailing vessel’: a passenger vessel built and fitted out also with a view to propulsion under sail;

| 20. | ‘day-trip vessel’: a passenger vessel without overnight passenger cabins; |
| --- | --- |

20.

‘day-trip vessel’: a passenger vessel without overnight passenger cabins;

| 21. | ‘cabin vessel’: a passenger vessel with overnight passenger cabins; |
| --- | --- |

21.

‘cabin vessel’: a passenger vessel with overnight passenger cabins;

| 22. | ‘high-speed vessel’: a motorised craft capable of reaching speeds over 40 km/h in relation to water; |
| --- | --- |

22.

‘high-speed vessel’: a motorised craft capable of reaching speeds over 40 km/h in relation to water;

| 23. | ‘floating equipment’: a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators; |
| --- | --- |

23.

‘floating equipment’: a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;

| 24. | ‘worksite craft’: a vessel, appropriately built and equipped for use at worksites, such as a reclamation barge, hopper or pontoon barge, pontoon or stone-dumping vessel; |
| --- | --- |

24.

‘worksite craft’: a vessel, appropriately built and equipped for use at worksites, such as a reclamation barge, hopper or pontoon barge, pontoon or stone-dumping vessel;

| 25. | ‘recreational craft’: a vessel other than a passenger vessel, intended for sport or pleasure; |
| --- | --- |

25.

‘recreational craft’: a vessel other than a passenger vessel, intended for sport or pleasure;

| 26. | ‘ship's boat’: a boat for use in transport, rescue, salvage and work duties; |
| --- | --- |

26.

‘ship's boat’: a boat for use in transport, rescue, salvage and work duties;

| 27. | ‘floating establishment’: any floating installation not normally intended to be moved, such as a swimming bath, dock, jetty or boathouse; |
| --- | --- |

27.

‘floating establishment’: any floating installation not normally intended to be moved, such as a swimming bath, dock, jetty or boathouse;

| 28. | ‘floating object’: a raft or other structure, object or assembly capable of navigation, not being a vessel or floating equipment or establishment. |
| --- | --- |

28.

‘floating object’: a raft or other structure, object or assembly capable of navigation, not being a vessel or floating equipment or establishment.

| | Assemblies of craft








  29. | ‘convoy’: a rigid or towed convoy of craft; |
| --- | --- | --- |

Assemblies of craft

29.

‘convoy’: a rigid or towed convoy of craft;

| 30. | ‘formation’: the manner in which a convoy is assembled; |
| --- | --- |

30.

‘formation’: the manner in which a convoy is assembled;

| 31. | ‘rigid convoy’: a pushed convoy or side-by-side formation; |
| --- | --- |

31.

‘rigid convoy’: a pushed convoy or side-by-side formation;

| 32. | ‘pushed convoy’: a rigid assembly of craft of which at least one is positioned in front of the craft providing the power for propelling the convoy, known as the ‘pusher(s)’; a convoy composed of a pusher and a pushed craft coupled so as to permit guided articulation is also considered as rigid; |
| --- | --- |

32.

‘pushed convoy’: a rigid assembly of craft of which at least one is positioned in front of the craft providing the power for propelling the convoy, known as the ‘pusher(s)’; a convoy composed of a pusher and a pushed craft coupled so as to permit guided articulation is also considered as rigid;

| 33. | ‘side-by-side formation’: an assembly of craft coupled rigidly side by side, none of which is positioned in front of the craft propelling the assembly; |
| --- | --- |

33.

‘side-by-side formation’: an assembly of craft coupled rigidly side by side, none of which is positioned in front of the craft propelling the assembly;

| 34. | ‘towed convoy’: an assembly of one or more craft, floating establishments or floating objects towed by one or more self-propelled craft forming part of the convoy. |
| --- | --- |

34.

‘towed convoy’: an assembly of one or more craft, floating establishments or floating objects towed by one or more self-propelled craft forming part of the convoy.

| | Particular areas on board








  35. | ‘main engine room’: space where the propulsion engines are installed; |
| --- | --- | --- |

Particular areas on board

35.

‘main engine room’: space where the propulsion engines are installed;

| 36. | ‘engine room’: space where combustion engines are installed; |
| --- | --- |

36.

‘engine room’: space where combustion engines are installed;

| 37. | ‘boiler room’: a space housing a fuel-operated installation designed to produce steam or heat a thermal fluid; |
| --- | --- |

37.

‘boiler room’: a space housing a fuel-operated installation designed to produce steam or heat a thermal fluid;

| 38. | ‘enclosed superstructure’: a watertight, rigid, continuous structure with rigid walls joined to the deck in a permanent and watertight manner; |
| --- | --- |

38.

‘enclosed superstructure’: a watertight, rigid, continuous structure with rigid walls joined to the deck in a permanent and watertight manner;

| 39. | ‘wheelhouse’: the area which houses all the control and monitoring instruments necessary for manoeuvring the vessel; |
| --- | --- |

39.

‘wheelhouse’: the area which houses all the control and monitoring instruments necessary for manoeuvring the vessel;

| 40. | ‘accommodation’: a space intended for the use of persons normally living on board, including galleys, storage space for provisions, toilets and washing facilities, laundry facilities, ante-rooms and passageways, but not the wheelhouse; |
| --- | --- |

40.

‘accommodation’: a space intended for the use of persons normally living on board, including galleys, storage space for provisions, toilets and washing facilities, laundry facilities, ante-rooms and passageways, but not the wheelhouse;

| 41. | ‘passenger area’: areas on board intended for passengers and enclosed areas such as lounges, offices, shops, hairdressing salons, drying rooms, laundries, saunas, toilets, washrooms, passageways, connecting passages and stairs not encapsulated by walls; |
| --- | --- |

41.

‘passenger area’: areas on board intended for passengers and enclosed areas such as lounges, offices, shops, hairdressing salons, drying rooms, laundries, saunas, toilets, washrooms, passageways, connecting passages and stairs not encapsulated by walls;

| 42. | ‘control centre’: a wheelhouse, an area which contains an emergency electrical power plant or parts thereof or an area with a centre permanently occupied by on-board personnel or crew members, such as for fire alarm equipment, remote controls of doors or fire dampers; |
| --- | --- |

42.

‘control centre’: a wheelhouse, an area which contains an emergency electrical power plant or parts thereof or an area with a centre permanently occupied by on-board personnel or crew members, such as for fire alarm equipment, remote controls of doors or fire dampers;

| 43. | ‘stairwell’: the well of an internal staircase or of a lift; |
| --- | --- |

43.

‘stairwell’: the well of an internal staircase or of a lift;

| 44. | ‘lounge’: a room of an accommodation or a passenger area. On board passenger vessels, galleys are not regarded as lounges; |
| --- | --- |

44.

‘lounge’: a room of an accommodation or a passenger area. On board passenger vessels, galleys are not regarded as lounges;

| 45. | ‘galley’: a room with a stove or a similar cooking appliance; |
| --- | --- |

45.

‘galley’: a room with a stove or a similar cooking appliance;

| 46. | ‘store room’: a room for the storage of flammable liquids or a room with an area of over 4 m2 for storing supplies; |
| --- | --- |

46.

‘store room’: a room for the storage of flammable liquids or a room with an area of over 4 m2 for storing supplies;

| 47. | ‘hold’: part of the vessel, bounded fore and aft by bulkheads, opened or closed by means of hatch covers, intended for the carriage of goods, whether packaged or in bulk, or for housing tanks not forming part of the hull; |
| --- | --- |

47.

‘hold’: part of the vessel, bounded fore and aft by bulkheads, opened or closed by means of hatch covers, intended for the carriage of goods, whether packaged or in bulk, or for housing tanks not forming part of the hull;

| 48. | ‘fixed tank’: a tank joined to the vessel, the walls of the tank consisting either of the hull itself or of a casing separate from the hull; |
| --- | --- |

48.

‘fixed tank’: a tank joined to the vessel, the walls of the tank consisting either of the hull itself or of a casing separate from the hull;

| 49. | ‘working station’: an area where members of the crew carry out their duties, including gangway, derrick and ship's boat; |
| --- | --- |

49.

‘working station’: an area where members of the crew carry out their duties, including gangway, derrick and ship's boat;

| 50. | ‘passageway’: an area intended for the normal movement of persons and goods; |
| --- | --- |

50.

‘passageway’: an area intended for the normal movement of persons and goods;

| 51. | ‘safe area’: the area which is externally bounded by a vertical surface running at a distance of 1/5 BWL parallel to the course of the hull in the line of maximum draught; |
| --- | --- |

51.

‘safe area’: the area which is externally bounded by a vertical surface running at a distance of 1/5 BWL parallel to the course of the hull in the line of maximum draught;

| 52. | ‘muster areas’: areas of the vessel which are specially protected and in which passengers muster in the event of danger; |
| --- | --- |

52.

‘muster areas’: areas of the vessel which are specially protected and in which passengers muster in the event of danger;

| 53. | ‘evacuation areas’: part of muster areas of the vessel from which evacuation of persons can be carried out. |
| --- | --- |

53.

‘evacuation areas’: part of muster areas of the vessel from which evacuation of persons can be carried out.

| | Marine engineering terms








  54. | ‘plane of maximum draught’: the water plane corresponding to the maximum draught at which the craft is authorised to navigate; |
| --- | --- | --- |

Marine engineering terms

54.

‘plane of maximum draught’: the water plane corresponding to the maximum draught at which the craft is authorised to navigate;

| 55. | ‘safety clearance’: the distance between the plane of maximum draught and the parallel plane passing through the lowest point above which the craft is no longer deemed to be watertight; |
| --- | --- |

55.

‘safety clearance’: the distance between the plane of maximum draught and the parallel plane passing through the lowest point above which the craft is no longer deemed to be watertight;

| 56. | ‘residual safety clearance’: the vertical clearance available, in the event of the vessel heeling over, between the water level and the lowest point of the immersed side, beyond which the vessel is no longer regarded as watertight; |
| --- | --- |

56.

‘residual safety clearance’: the vertical clearance available, in the event of the vessel heeling over, between the water level and the lowest point of the immersed side, beyond which the vessel is no longer regarded as watertight;

| 57. | ‘freeboard (f)’: the distance between the plane of maximum draught and a parallel plane passing through the lowest point of the gunwale or, in the absence of a gunwale, the lowest point of the upper edge of the ship's side; |
| --- | --- |

57.

‘freeboard (f)’: the distance between the plane of maximum draught and a parallel plane passing through the lowest point of the gunwale or, in the absence of a gunwale, the lowest point of the upper edge of the ship's side;

| 58. | ‘residual freeboard’: the vertical clearance available, in the event of the vessel heeling over, between the water level and the upper surface of the deck at the lowest point of the immersed side or, if there is no deck, the lowest point of the upper surface of the fixed ship's side; |
| --- | --- |

58.

‘residual freeboard’: the vertical clearance available, in the event of the vessel heeling over, between the water level and the upper surface of the deck at the lowest point of the immersed side or, if there is no deck, the lowest point of the upper surface of the fixed ship's side;

| 59. | ‘margin line’: an imaginary line drawn on the side plating not less than 10 cm below the bulkhead deck and not less than 10 cm below the lowest non-watertight point of the side plating. If there is no bulkhead deck, a line drawn not less than 10 cm below the lowest line up to which the outer plating is watertight shall be used; |
| --- | --- |

59.

‘margin line’: an imaginary line drawn on the side plating not less than 10 cm below the bulkhead deck and not less than 10 cm below the lowest non-watertight point of the side plating. If there is no bulkhead deck, a line drawn not less than 10 cm below the lowest line up to which the outer plating is watertight shall be used;

| 60. | ‘water displacement (

  )’: the immersed volume of the vessel, in m3; |
| --- | --- |

60.

Image

| 61. | ‘displacement (Δ)’: the total weight of the vessel, inclusive of cargo, in t; |
| --- | --- |

61.

‘displacement (Δ)’: the total weight of the vessel, inclusive of cargo, in t;

| 62. | ‘block coefficient (CB)’: the ratio between the water displacement and the product of length LWL, breadth BWL and draught T; |
| --- | --- |

62.

‘block coefficient (CB)’: the ratio between the water displacement and the product of length LWL, breadth BWL and draught T;

| 63. | ‘lateral plane above water (AV)’: lateral plane of the vessel above the waterline in m2; |
| --- | --- |

63.

‘lateral plane above water (AV)’: lateral plane of the vessel above the waterline in m2;

| 64. | ‘bulkhead deck’: the deck to which the required watertight bulkheads are taken and from which the freeboard is measured; |
| --- | --- |

64.

‘bulkhead deck’: the deck to which the required watertight bulkheads are taken and from which the freeboard is measured;

| 65. | ‘bulkhead’: a wall of a given height, usually vertical, partitioning the vessel and bounded by the bottom of the vessel, the plating or other bulkheads; |
| --- | --- |

65.

‘bulkhead’: a wall of a given height, usually vertical, partitioning the vessel and bounded by the bottom of the vessel, the plating or other bulkheads;

| 66. | ‘transverse bulkhead’: a bulkhead extending from one side of the vessel to the other; |
| --- | --- |

66.

‘transverse bulkhead’: a bulkhead extending from one side of the vessel to the other;

| 67. | ‘wall’: a dividing surface, usually vertical; |
| --- | --- |

67.

‘wall’: a dividing surface, usually vertical;

| 68. | ‘partition wall’: a non-watertight wall; |
| --- | --- |

68.

‘partition wall’: a non-watertight wall;

| 69. | ‘length (L)’: the maximum length of the hull in m, excluding rudder and bowsprit; |
| --- | --- |

69.

‘length (L)’: the maximum length of the hull in m, excluding rudder and bowsprit;

| 70. | ‘length overall (LOA)’: the maximum length of the craft in m, including all fixed installations such as parts of the steering system or power plant, mechanical or similar devices; |
| --- | --- |

70.

‘length overall (LOA)’: the maximum length of the craft in m, including all fixed installations such as parts of the steering system or power plant, mechanical or similar devices;

| 71. | ‘length of waterline (LWL)’: the length of the hull in m, measured at the maximum draught; |
| --- | --- |

71.

‘length of waterline (LWL)’: the length of the hull in m, measured at the maximum draught;

| 72. | ‘breadth (B)’: the maximum breadth of the hull in m, measured to the outer edge of the shell plating (excluding paddle wheels, rub rails, and similar); |
| --- | --- |

72.

‘breadth (B)’: the maximum breadth of the hull in m, measured to the outer edge of the shell plating (excluding paddle wheels, rub rails, and similar);

| 73. | ‘breadth overall (BOA)’: the maximum breadth of the craft in m, including all fixed equipment such as paddle wheels, rub rails, mechanical devices and the like; |
| --- | --- |

73.

‘breadth overall (BOA)’: the maximum breadth of the craft in m, including all fixed equipment such as paddle wheels, rub rails, mechanical devices and the like;

| 74. | ‘breadth of waterline (BWL)’: breadth of the hull in m, measured from the outside of the side plating at the maximum draught line; |
| --- | --- |

74.

‘breadth of waterline (BWL)’: breadth of the hull in m, measured from the outside of the side plating at the maximum draught line;

| 75. | ‘height (H)’: the shortest vertical distance in m between the lowest point of the hull or the keel and the lowest point of the deck on the side of the vessel; |
| --- | --- |

75.

‘height (H)’: the shortest vertical distance in m between the lowest point of the hull or the keel and the lowest point of the deck on the side of the vessel;

| 76. | ‘draught (T)’: the vertical distance in m between the lowest point of the hull or the keel and the maximum draught line; |
| --- | --- |

76.

‘draught (T)’: the vertical distance in m between the lowest point of the hull or the keel and the maximum draught line;

| 77. | ‘forward perpendicular’: the vertical line at the forward point of the intersection of the hull with the maximum draught line; |
| --- | --- |

77.

‘forward perpendicular’: the vertical line at the forward point of the intersection of the hull with the maximum draught line;

| 78. | ‘clear width of side deck’: the distance between the vertical line passing through the most prominent part of the hatch coaming on the side deck side and the vertical line passing through the inside edge of the slip guard (guard-rail, foot rail) on the outer side of the side deck. |
| --- | --- |

78.

‘clear width of side deck’: the distance between the vertical line passing through the most prominent part of the hatch coaming on the side deck side and the vertical line passing through the inside edge of the slip guard (guard-rail, foot rail) on the outer side of the side deck.

| | Steering system








  79. | ‘steering system’: all the equipment necessary for steering the vessel, such as to ensure the manoeuvrability laid down in Chapter 5; |
| --- | --- | --- |

Steering system

79.

‘steering system’: all the equipment necessary for steering the vessel, such as to ensure the manoeuvrability laid down in Chapter 5;

| 80. | ‘rudder’: the rudder or rudders, with shaft, including the rudder quadrant and the components connecting with the steering apparatus; |
| --- | --- |

80.

‘rudder’: the rudder or rudders, with shaft, including the rudder quadrant and the components connecting with the steering apparatus;

| 81. | ‘steering apparatus’: the part of the steering system which produces the movement of the rudder; |
| --- | --- |

81.

‘steering apparatus’: the part of the steering system which produces the movement of the rudder;

| 82. | ‘drive unit’: the steering-apparatus drive, between the power source and the steering apparatus; |
| --- | --- |

82.

‘drive unit’: the steering-apparatus drive, between the power source and the steering apparatus;

| 83. | ‘power source’: the power supply to the steering drive unit and the steering apparatus produced by an on-board network, batteries or an internal combustion engine; |
| --- | --- |

83.

‘power source’: the power supply to the steering drive unit and the steering apparatus produced by an on-board network, batteries or an internal combustion engine;

| 84. | ‘steering control’: the component parts of and circuitry for the operation of a power-driven steering control; |
| --- | --- |

84.

‘steering control’: the component parts of and circuitry for the operation of a power-driven steering control;

| 85. | ‘steering apparatus drive unit’: the control for the steering apparatus, its drive unit and its power source; |
| --- | --- |

85.

‘steering apparatus drive unit’: the control for the steering apparatus, its drive unit and its power source;

| 86. | ‘manual drive’: a system whereby manual operation of the hand wheel moves the rudder by means of a mechanical transmission, without any additional power source; |
| --- | --- |

86.

‘manual drive’: a system whereby manual operation of the hand wheel moves the rudder by means of a mechanical transmission, without any additional power source;

| 87. | ‘manually-operated hydraulic drive’: a manual control actuating a hydraulic transmission; |
| --- | --- |

87.

‘manually-operated hydraulic drive’: a manual control actuating a hydraulic transmission;

| 88. | ‘rate-of-turn regulator’: equipment which automatically produces and maintains a given rate of turn of the vessel in accordance with preselected values; |
| --- | --- |

88.

‘rate-of-turn regulator’: equipment which automatically produces and maintains a given rate of turn of the vessel in accordance with preselected values;

| 89. | ‘wheelhouse designed for radar navigation by one person’: a wheelhouse arranged in such a way that, during radar navigation, the vessel can be manoeuvred by one person. |
| --- | --- |

89.

‘wheelhouse designed for radar navigation by one person’: a wheelhouse arranged in such a way that, during radar navigation, the vessel can be manoeuvred by one person.

| | Properties of structural components and materials








  90. | ‘watertight’: a structural component or device so fitted as to prevent any ingress of water; |
| --- | --- | --- |

Properties of structural components and materials

90.

‘watertight’: a structural component or device so fitted as to prevent any ingress of water;

| 91. | ‘spray-proof and weathertight’: a structural component or device so fitted that in normal conditions it allows only a negligible quantity of water to penetrate; |
| --- | --- |

91.

‘spray-proof and weathertight’: a structural component or device so fitted that in normal conditions it allows only a negligible quantity of water to penetrate;

| 92. | ‘gastight’: a structural component or device so fitted as to prevent the ingress of gas and vapours; |
| --- | --- |

92.

‘gastight’: a structural component or device so fitted as to prevent the ingress of gas and vapours;

| 93. | ‘non-combustible’: a substance which neither burns nor produces flammable vapours in such quantities that they ignite spontaneously when heated to approximately 750 °C; |
| --- | --- |

93.

‘non-combustible’: a substance which neither burns nor produces flammable vapours in such quantities that they ignite spontaneously when heated to approximately 750 °C;

| 94. | ‘flame-retardant’: material which does not readily catch fire, or whose surface at least restricts the spread of flames pursuant to the test procedure referred to in Article 15.11, section 1(c); |
| --- | --- |

94.

‘flame-retardant’: material which does not readily catch fire, or whose surface at least restricts the spread of flames pursuant to the test procedure referred to in Article 15.11, section 1(c);

| 95. | ‘fire-resistance’: the property of structural components or devices as certified by the test procedure referred to in Article 15.11, section 1(d); |
| --- | --- |

95.

‘fire-resistance’: the property of structural components or devices as certified by the test procedure referred to in Article 15.11, section 1(d);

| 96. | ‘Code for Fire Test Procedures’: the International Code for the Application of Fire Test Procedures adopted under Resolution MSC.61(67) by the Maritime Safety Committee of the IMO. |
| --- | --- |

96.

‘Code for Fire Test Procedures’: the International Code for the Application of Fire Test Procedures adopted under Resolution MSC.61(67) by the Maritime Safety Committee of the IMO.

| | Other definitions








  97. | ‘approved classification society’: a classification society which has been recognised in accordance with the criteria and the procedures of Annex VII; |
| --- | --- | --- |

Other definitions

97.

‘approved classification society’: a classification society which has been recognised in accordance with the criteria and the procedures of Annex VII;

| 98. | ‘radar installation’: an electronic navigational aid for detecting and displaying the surroundings and traffic; |
| --- | --- |

98.

‘radar installation’: an electronic navigational aid for detecting and displaying the surroundings and traffic;

| 99. | ‘Inland ECDIS’: a standardised system for displaying electronic navigational charts for inland waters and associated information, that displays selected information from proprietary electronic navigational charts for inland waters and optionally information from other sensors of the craft; |
| --- | --- |

99.

‘Inland ECDIS’: a standardised system for displaying electronic navigational charts for inland waters and associated information, that displays selected information from proprietary electronic navigational charts for inland waters and optionally information from other sensors of the craft;

| 100. | ‘Inland ECDIS installation’: an installation for displaying electronic navigational charts for inland waters that can be operated in two different modes: information mode and navigation mode; |
| --- | --- |

100.

‘Inland ECDIS installation’: an installation for displaying electronic navigational charts for inland waters that can be operated in two different modes: information mode and navigation mode;

| 101. | ‘information mode’: use of Inland ECDIS for information purposes only without radar overlay; |
| --- | --- |

101.

‘information mode’: use of Inland ECDIS for information purposes only without radar overlay;

| 102. | ‘navigation mode’: use of Inland ECDIS with radar overlay for navigating a craft; |
| --- | --- |

102.

‘navigation mode’: use of Inland ECDIS with radar overlay for navigating a craft;

| 103. | ‘shipboard personnel’: all employees on board a passenger vessel who are not members of the crew; |
| --- | --- |

103.

‘shipboard personnel’: all employees on board a passenger vessel who are not members of the crew;

| 104. | ‘persons with reduced mobility’: persons facing particular problems when using public transport, such as the elderly and the handicapped and persons with sensory disabilities, persons in wheelchairs, pregnant women and persons accompanying young children; |
| --- | --- |

104.

‘persons with reduced mobility’: persons facing particular problems when using public transport, such as the elderly and the handicapped and persons with sensory disabilities, persons in wheelchairs, pregnant women and persons accompanying young children;

| 105. | ‘Community certificate’: a certificate issued to an inland waterway vessel by the competent authority, signifying compliance with the technical requirements of this Directive. |
| --- | --- |

105.

‘Community certificate’: a certificate issued to an inland waterway vessel by the competent authority, signifying compliance with the technical requirements of this Directive.

Article 1.02

(Left void)

Article 1.03

(Left void)

Article 1.04

(Left void)

Article 1.05

(Left void)

Article 1.06

Temporary requirements

Temporary requirements may be adopted, in accordance with the procedure referred to in Article 19(2) of this Directive, where it is found urgently necessary, for the purposes of adaptation to technical progress of inland waterway transport, to allow derogations from the provisions of this Directive before an expected amendment of this Directive itself or to allow tests. The requirements shall be published and shall be valid for a maximum of three years. They shall enter into force at the same time and shall be annulled under the same conditions in all Member States.

Article 1.07

Administrative instructions

In order to make the implementation of this Directive easier and uniform, binding administrative instructions for the inspection may be adopted in accordance with the procedure referred to in Article 19(2) of this Directive.

CHAPTER 2

PROCEDURE

Article 2.01

Inspection bodies

1.   Inspection bodies shall be set up by the Member States.

2.   Inspection bodies shall consist of a chairman and experts.

At least the following shall form part of each body as experts:

| (a) | an official from the administration that is responsible for inland navigation; |
| --- | --- |

(a)

an official from the administration that is responsible for inland navigation;

| (b) | an expert on the design of inland waterway vessels and their engines; |
| --- | --- |

(b)

an expert on the design of inland waterway vessels and their engines;

| (c) | a nautical expert in possession of a navigation certificate. |
| --- | --- |

(c)

a nautical expert in possession of a navigation certificate.

3.   The Chairman and the experts within each body shall be designated by the authorities in the State in which the body is set up. On taking up their duties, the Chairman and the experts shall submit a written declaration that they will perform them completely independently. No declaration shall be required from officials.

4.   Inspection bodies may be assisted by specialist experts in accordance with the national provisions applying.

Article 2.02

Request for an inspection

1.   The procedure for making a request for an inspection and establishing the place and time of that inspection fall within the powers of the authorities issuing the Community certificate. The competent authority shall determine which documents are to be submitted. The procedure shall take place in such a way as to ensure that the inspection may be conducted within a reasonable period following the lodging of the request.

2.   The owner of a craft that is not subject to this Directive, or his representative, may request a Community certificate. His request shall be met if the vessel fulfils the requirements of this Directive.

Article 2.03

Presentation of the craft for inspection

1.   The owner, or his representative, shall present the craft in an unladen, cleaned and equipped state. He shall provide any assistance needed for the inspection, such as providing an appropriate dinghy and staff, and uncovering any parts of the hull or fittings that are not directly accessible or visible.

2.   The inspection body shall demand a dry inspection on the first occasion. That dry inspection may be dispensed with if a classification certificate or a certificate from an approved classification society to the effect that the construction meets its requirements can be produced or if a certificate is produced which shows that a competent authority has already carried out a dry inspection for other purposes. Where there is a periodical inspection or an inspection, as provided for in Article 15 of this Directive, the inspection body may require an inspection out of the water.

The inspection body shall conduct trial runs during an initial inspection of motor vessels or convoys or where major changes are made to the propulsion or steering equipment.

3.   The inspection body may require further operational tests and other supporting documents. That provision shall also apply during the building of the craft.

Article 2.04

(Left void)

Article 2.05

Provisional Community certificate

1.   The competent authority may issue a provisional Community certificate:

| (a) | to craft intended to travel to a certain place with the permission of the competent authority in order to obtain a Community certificate; |
| --- | --- |

(a)

to craft intended to travel to a certain place with the permission of the competent authority in order to obtain a Community certificate;

| (b) | to craft whose Community certificate has been temporarily withdrawn in one of the instances referred to in Article 2.07 or in Articles 12 and 16 of this Directive; |
| --- | --- |

(b)

to craft whose Community certificate has been temporarily withdrawn in one of the instances referred to in Article 2.07 or in Articles 12 and 16 of this Directive;

| (c) | to craft whose Community certificate is in preparation following a successful inspection; |
| --- | --- |

(c)

to craft whose Community certificate is in preparation following a successful inspection;

| (d) | to craft where not all of the conditions required for obtaining a Community certificate as set out in Part I of Annex V have been met; |
| --- | --- |

(d)

to craft where not all of the conditions required for obtaining a Community certificate as set out in Part I of Annex V have been met;

| (e) | to craft so damaged that their state no longer complies with the Community certificate; |
| --- | --- |

(e)

to craft so damaged that their state no longer complies with the Community certificate;

| (f) | to floating installations or equipment where the authorities responsible for special transport operations make the authorisation to carry out a special transport operation, as provided for by the applicable navigational authority regulations of the Member States, subject to obtaining such a Community certificate. |
| --- | --- |

(f)

to floating installations or equipment where the authorities responsible for special transport operations make the authorisation to carry out a special transport operation, as provided for by the applicable navigational authority regulations of the Member States, subject to obtaining such a Community certificate.

| (g) | to craft deviating from the provisions of Part II, as provided for in Article 2.19, section 2. |
| --- | --- |

(g)

to craft deviating from the provisions of Part II, as provided for in Article 2.19, section 2.

2.   The provisional Community certificate shall be drawn up using the model set out in Part III of Annex V where the navigability of the craft, floating establishment or floating object seems to have been adequately ensured.

This shall include the conditions considered necessary by the competent authority and shall be valid:

| (a) | in the cases referred to in section 1(a), (d) to (f), for a single specific trip to be made within a suitable period that shall not exceed one month; |
| --- | --- |

(a)

in the cases referred to in section 1(a), (d) to (f), for a single specific trip to be made within a suitable period that shall not exceed one month;

| (b) | in the cases referred to in section 1(b) and (c), for an appropriate duration; |
| --- | --- |

(b)

in the cases referred to in section 1(b) and (c), for an appropriate duration;

| (c) | in the cases referred to in section 1(g), for six months. The provisional Community certificate may be extended for six months at a time until the Committee has taken a decision. |
| --- | --- |

(c)

in the cases referred to in section 1(g), for six months. The provisional Community certificate may be extended for six months at a time until the Committee has taken a decision.

Article 2.06

Validity of the Community certificate

1.   The validity period of Community certificates issued to newly built vessels in accordance with the provisions of this Directive shall be determined by the competent authority up to a maximum of:

| (a) | five years in the case of passenger vessels; |
| --- | --- |

(a)

five years in the case of passenger vessels;

| (b) | ten years in the case of all other craft. |
| --- | --- |

(b)

ten years in the case of all other craft.

The period of validity shall be entered on the Community certificate.

2.   In the case of vessels already in operation before the inspection, the competent authority shall set the period of validity of the Community certificate case by case, in the light of the results of the inspection. However, the validity may not exceed the periods specified in section 1.

Article 2.07

Particulars in and amendments to the Community certificate

1.   The owner of a craft, or his representative, shall bring to the notice of the competent authority any change in the name or ownership of a craft, any remeasurement, and any change in the official number, registration or home port, and shall send the Community certificate to that authority for amendment.

2.   Any competent authority may add any information or change to the Community certificate.

3.   Where a competent authority adds any alteration or information to a Community certificate it shall inform the competent authority which issued the Community certificate thereof.

Article 2.08

(Left void)

Article 2.09

Periodical inspection

1.   Craft shall be subjected to a periodical inspection before expiry of their Community certificate.

2.   Following a justified request by the owner or his representative, the competent authority may, by way of an exception, and without any further inspections, grant an extension of the validity of the Community certificate for not more than six months. That extension shall be granted in writing and shall be kept on board the craft.

3.   The competent authority shall again lay down the period of validity of the Community certificate in accordance with the results of that inspection.

The period of validity shall be entered on the Community certificate and brought to the attention of the authority having issued that Community certificate.

4.   If, rather than have its period of validity extended, a Community certificate is replaced by a new version, the earlier Community certificate shall be returned to the competent authority which issued it.

Article 2.10

Voluntary inspection

The owner of a craft, or his representative, may voluntarily request an inspection at any time.

That request for an inspection shall be acted upon.

Article 2.11

(Left void)

Article 2.12

(Left void)

Article 2.13

(Left void)

Article 2.14

(Left void)

Article 2.15

Expenses

The owner of a craft, or his representative, shall bear all of the costs arising from the inspection of the vessel and the issue of the Community certificate in accordance with a special set of charges drawn up by each of the Member States.

Article 2.16

Information

The competent authority may allow persons demonstrating a well-founded interest to be informed of the contents of a Community certificate and may issue those persons with extracts or copies of the Community certificates certified as true and designated as such.

Article 2.17

Register of Community certificates

1.   Competent authorities shall assign an order number to the Community certificates they issue. They shall keep a register in accordance with the model set out in Annex VI of all the Community certificates they issue.

2.   Competent authorities shall keep the original, or a copy of all the Community certificates they have issued, and shall enter on these any information and alterations, together with any Community certificate cancellations and replacements.

Article 2.18

Official number

1.   The competent authority having issued a Community certificate shall enter on that Community certificate the official number assigned to that craft by the competent authority of the Member State in which the craft has been registered or has its home port.

As far as craft from non-Member States are concerned the official number to be entered on the Community certificate shall be assigned by the competent authority issuing that Community certificate.

These requirements shall not apply to recreational craft.

2.   (Left void)

3.   (Left void)

4.   The owner of a craft, or his representative, shall apply to the competent authorities for assignment of the official number. The owner or his representative shall also be responsible for affixing the official number entered in the Community certificate and removing it as soon as it is no longer valid.

Article 2.19

Equivalences and derogations

1.   Where the provisions of Part II require the use, or presence, on board a craft of certain materials, installations or items of equipment, or the adoption of certain design aspects or certain arrangements, the competent authority may permit the use, or presence, on board the said craft of other materials, installations or items of equipment, or the adoption of other design features or other arrangements where, in accordance with the procedure referred to in Article 19(2) of this Directive, these are recognised to be equivalent.

2.   If, in accordance with the procedure referred to in Article 19(2) of this Directive, the Committee reaches no decision on equivalence, as provided for in section 1, the competent authority may issue a provisional Community certificate.

In accordance with the procedure referred to in Article 19(2) of this Directive, the competent authorities shall report to the Committee within one month of issue of the provisional Community certificate in accordance with Article 2.05, section 1(g), indicating the name and official number of the craft, the nature of the derogation and the State in which the craft is registered or has its home port.

3.   In accordance with the procedure referred to in Article 19(2) of this Directive, the competent authority may, on the basis of a recommendation by the Committee, issue a Community certificate for trial purposes and for a limited period to a specific craft incorporating new technical specifications that derogate from the requirements of Part II, provided those specifications offer equivalent safety.

4.   The equivalences and derogations referred to in sections 1 and 3 shall be entered in the Community certificate. The Commission shall be informed thereof.

PART II

CHAPTER 3

SHIPBUILDING REQUIREMENTS

Article 3.01

Basic requirement

Vessels shall be built in accordance with good shipbuilding practice.

Article 3.02

Strength and stability

1.   The hull shall be sufficiently strong to withstand all of the stresses to which it is normally subjected.

| (a) | In the case of newly built vessels or major conversions affecting vessel strength, adequate strength shall be demonstrated by presenting design calculation proof. That proof is not required where a classification certificate or a declaration from an approved classification society is submitted. |
| --- | --- |

(a)

In the case of newly built vessels or major conversions affecting vessel strength, adequate strength shall be demonstrated by presenting design calculation proof. That proof is not required where a classification certificate or a declaration from an approved classification society is submitted.

| (b) | Where there is an inspection as referred to in Article 2.09 the minimum thicknesses of the bottom, bilge and side plates shall be checked in accordance with the following conditions:
  For vessels made from steel minimum thickness tmin is given by the highest of the values resulting from the following formulae:






  1. | for vessels that are longer than 40 m: tmin = f · b · c (2,3 + 0,04 L) [mm];
  for vessels not more than 40 m in length: tmin = f · b · c (1,5 + 0,06 L) [mm], however, not less than 3,00 mm |
| --- | --- | --- |

(b)

Where there is an inspection as referred to in Article 2.09 the minimum thicknesses of the bottom, bilge and side plates shall be checked in accordance with the following conditions:

For vessels made from steel minimum thickness tmin is given by the highest of the values resulting from the following formulae:

1.

for vessels that are longer than 40 m: tmin = f · b · c (2,3 + 0,04 L) [mm];

for vessels not more than 40 m in length: tmin = f · b · c (1,5 + 0,06 L) [mm], however, not less than 3,00 mm

| 2. | where:







  a | = | frame spacing [mm]; |
| --- | --- | --- | --- |
| f | = | frame spacing factor:







  f | = | 1 for a ≤ 500 mm |
| f | = | 1 + 0,0013 (a – 500) for a > 500 mm |

2.

Formula

where:

a

=

frame spacing [mm];

f

=

frame spacing factor:

f

=

1 for a ≤ 500 mm

f

=

1 + 0,0013 (a – 500) for a > 500 mm

b

=

factor for bottom, side or bilge plates

| b | = | 1,0 for bottom plates and side plates |
| --- | --- | --- |
| b | = | 1,25 for bilge plates. |

b

=

1,0 for bottom plates and side plates

b

=

1,25 for bilge plates.

f = 1 may be taken for the frame spacing when calculating the minimum thickness of the side plates. However, the minimum thickness of the bilge plates may in no case be less than that of the bottom plates and side plates.

| c | factor for the type of structure:







  c | = | 0,95 for vessels with double bottom and wing void, where the partition between wing void and hold is located vertically in line with the coaming |
| --- | --- | --- | --- |
| c | = | 1,0 for all other types of structure. |

c

factor for the type of structure:

c

=

0,95 for vessels with double bottom and wing void, where the partition between wing void and hold is located vertically in line with the coaming

c

=

1,0 for all other types of structure.

| (c) | In longitudinally framed vessels with double bottom and wing voids, the minimum value calculated for the plate thickness in accordance with the formulae in paragraph (b) may be reduced to a calculated value certified by an approved classification society for sufficient hull strength (longitudinal, lateral and local strength).
  Plates shall be renewed if bottom, bilge or side plates are below the permissible value laid down in this way. |
| --- | --- |

(c)

In longitudinally framed vessels with double bottom and wing voids, the minimum value calculated for the plate thickness in accordance with the formulae in paragraph (b) may be reduced to a calculated value certified by an approved classification society for sufficient hull strength (longitudinal, lateral and local strength).

Plates shall be renewed if bottom, bilge or side plates are below the permissible value laid down in this way.

The minimum values calculated in accordance with the method are limit values taking account of normal, uniform wear, and provided that shipbuilding steel is used and that the internal structural components such as frames, frame floor, main longitudinal and transverse structural members are in a good state and that the hull shows no indication of any overloading of the longitudinal strength.

As soon as these values are no longer achieved, the plates in question shall be repaired or replaced. However, lesser thicknesses, of not more than 10 % reduction from calculated values, are acceptable locally for small areas.

2.   Where a material other than steel is used for the construction of the hull, it shall be proved by calculation that the hull strength (longitudinal, lateral and local strength) equals at least the strength that would result from the use of steel under the assumption of minimum thickness in accordance with section 1. If a certificate of class or a declaration issued by a recognised classification society is presented, a proof by calculation may be dispensed with.

3.   The stability of vessels shall correspond to their intended use.

Article 3.03

Hull

1.   Bulkheads rising up to the deck or, where there is no deck, up to the gunwale, shall be installed at the following points:

| (a) | A collision bulkhead at a suitable distance from the bow in such a way that the buoyancy of the laden vessel is ensured, with a residual safety clearance of 100 mm if water enters the watertight compartment ahead of the collision bulkhead.
  As a general rule, the requirement referred to in paragraph 1 shall be considered to have been met if the collision bulkhead has been installed at a distance of between 0,04 L and 0,04 L + 2 m measured from the forward perpendicular in the plane of maximum draught.
  If this distance exceeds 0,04 L + 2 m, the requirement set out in paragraph 1 shall be proved by calculation.
  The distance may be reduced to 0,03 L. In that case the requirement referred to in paragraph 1 shall be proved by calculation on the assumption that the compartment ahead of the collision bulkhead and those adjacent have all been filled with water. |
| --- | --- |

(a)

A collision bulkhead at a suitable distance from the bow in such a way that the buoyancy of the laden vessel is ensured, with a residual safety clearance of 100 mm if water enters the watertight compartment ahead of the collision bulkhead.

As a general rule, the requirement referred to in paragraph 1 shall be considered to have been met if the collision bulkhead has been installed at a distance of between 0,04 L and 0,04 L + 2 m measured from the forward perpendicular in the plane of maximum draught.

If this distance exceeds 0,04 L + 2 m, the requirement set out in paragraph 1 shall be proved by calculation.

The distance may be reduced to 0,03 L. In that case the requirement referred to in paragraph 1 shall be proved by calculation on the assumption that the compartment ahead of the collision bulkhead and those adjacent have all been filled with water.

| (b) | An aft-peak bulkhead at a suitable distance from the stern where the vessel length L exceeds 25 m. |
| --- | --- |

(b)

An aft-peak bulkhead at a suitable distance from the stern where the vessel length L exceeds 25 m.

2.   No accommodation or installations needed for vessel safety or operation may be located ahead of the plane of the collision bulkhead. This requirement shall not apply to anchor gear.

3.   The accommodation, engine rooms and boiler rooms, and the workspaces forming part of these shall be separated from the holds by watertight transverse bulkheads that extend up to the deck.

4.   The accommodation shall be separated from engine rooms, boiler rooms and holds in a gastight manner and shall be directly accessible from the deck. If no such access has been provided an emergency exit shall also lead directly to the deck.

5.   The bulkheads specified in sections 1 and 3 and the separation of areas specified in section 4 shall not contain any openings.

However, doors in the aft-peak bulkhead and penetrations, in particular for shafts and pipework, shall be permitted where they are so designed that the effectiveness of those bulkheads and of the separation of areas is not impaired. Doors in the aft-peak bulkhead shall be permitted only if it can be determined by remote monitoring in the wheelhouse whether they are open or closed and shall bear the following readily legible instruction on both sides:

‘Door to be closed immediately after use’.

6.   The water inlets and discharges, and the pipework connected to these, shall be such that no unintentional ingress of water into the vessel is possible.

7.   The foresections of vessels shall be built in such a way that the anchors neither wholly nor partly protrude beyond the side plating.

Article 3.04

Engine and boiler rooms, bunkers

1.   Engine or boiler rooms shall be arranged in such a way that the equipment therein can be operated, serviced and maintained easily and safely.

2.   The liquid-fuel or lubricant bunkers and passenger areas and accommodation may not have any common surfaces which are under the static pressure of the liquid when in normal service.

3.   Engine room, boiler room and bunker bulk heads, ceilings and doors shall be made of steel or another equivalent non-combustible material.

Insulation material used in engine rooms shall be protected against the intrusion of fuel and fuel vapours.

All openings in walls, ceilings, and doors of engine rooms, boiler rooms, and bunker rooms shall be such that they can be closed from outside the room. The locking devices shall be made from steel or an equivalently non-combustible material.

4.   Engine and boiler rooms and other premises in which flammable or toxic gases are likely to escape shall be capable of being adequately ventilated.

5.   Companionways and ladders providing access to engine and boiler rooms and bunkers shall be firmly attached and be made of steel or another shock-resistant and non-combustible material.

6.   Engine and boiler rooms shall have two exits of which one may be an emergency exit.

The second exit may be dispensed with if:

| (a) | the total floor area (average length × average width at the level of the floor plating) of the engine or boiler room does not exceed 35 m2 and |
| --- | --- |

(a)

the total floor area (average length × average width at the level of the floor plating) of the engine or boiler room does not exceed 35 m2 and

2

| (b) | the path between each point where servicing or maintenance operations are to be carried out and the exit, or foot of the companionway near the exit providing access to the outside, is not longer than 5 m and |
| --- | --- |

(b)

the path between each point where servicing or maintenance operations are to be carried out and the exit, or foot of the companionway near the exit providing access to the outside, is not longer than 5 m and

| (c) | a fire extinguisher is located at the servicing point that is furthest removed from the exit door and also, by way of derogation from Article 10.03, section 1(e), where the installed power of the engines does not exceed 100 kW. |
| --- | --- |

(c)

a fire extinguisher is located at the servicing point that is furthest removed from the exit door and also, by way of derogation from Article 10.03, section 1(e), where the installed power of the engines does not exceed 100 kW.

7.   The maximum permissible sound pressure level in the engine rooms shall be 110 dB(A). The measuring points shall be selected as a function of the maintenance work needed during normal operation of the plant located therein.

CHAPTER 4

SAFETY CLEARANCE, FREEBOARD AND DRAUGHT MARKS

Article 4.01

Safety clearance

1.   The safety clearance shall be at least 300 mm.

2.   The safety clearance in the case of vessels whose openings cannot be closed by spray-proof and weathertight devices, and for vessels sailing with their holds uncovered, shall be increased in such a way that each of those openings shall be at least 500 mm from the plane of maximum draught.

Article 4.02

Freeboard

1.   The freeboard of vessels with a continuous deck, without sheer and superstructures, shall be 150 mm.

2.   The freeboard of vessels with sheer and superstructures shall be calculated using the following formula:

Formula

where:

| α | is a correction coefficient that takes account of all of the superstructures involved; |
| --- | --- |
| βv | is a coefficient for correcting the effect of the forward sheer resulting from the presence of superstructures in the forward quarter of length L of the vessel; |
| βa | is a coefficient correcting the effect of the aft sheer resulting from the presence of superstructures in the aft quarter of length L of the vessel; |
| Sev | is the effective forward sheer in mm; |
| Sea | is the effective aft sheer in mm. |

α

is a correction coefficient that takes account of all of the superstructures involved;

βv

v

is a coefficient for correcting the effect of the forward sheer resulting from the presence of superstructures in the forward quarter of length L of the vessel;

βa

a

is a coefficient correcting the effect of the aft sheer resulting from the presence of superstructures in the aft quarter of length L of the vessel;

Sev

v

is the effective forward sheer in mm;

Sea

a

is the effective aft sheer in mm.

3.   The coefficient α is calculated using the following formula:

Formula

where:

| lem | is the effective length, in m, of a superstructure located in the median part corresponding to half of length L of the vessel; |
| --- | --- |
| lev | is the effective length, in m, of a superstructure in the forward quarter of vessel length L; |
| lea | is the effective length, in m, of a superstructure in the aft quarter of vessel length L. |

lem

m

is the effective length, in m, of a superstructure located in the median part corresponding to half of length L of the vessel;

lev

v

is the effective length, in m, of a superstructure in the forward quarter of vessel length L;

lea

a

is the effective length, in m, of a superstructure in the aft quarter of vessel length L.

The effective length of a superstructure is calculated using the following formulae:

Formula

Formula

where:

| l | is the effective length, in m, of the superstructure involved; |
| --- | --- |
| b | is the width, in m, of the superstructure involved; |
| B1 | is the width of the vessel, in m, measured on the outside of the vertical sideplates at deck level halfway along the superstructure involved; |
| h | is the height, in m, of the superstructure involved. However, in the case of hatches, h is obtained by reducing the height of the coamings by half of the safety distance according to Article 4.01, sections 1 and 2. In no case will a value exceeding 0,36 m be taken for h. |

l

is the effective length, in m, of the superstructure involved;

b

is the width, in m, of the superstructure involved;

B1

1

is the width of the vessel, in m, measured on the outside of the vertical sideplates at deck level halfway along the superstructure involved;

h

is the height, in m, of the superstructure involved. However, in the case of hatches, h is obtained by reducing the height of the coamings by half of the safety distance according to Article 4.01, sections 1 and 2. In no case will a value exceeding 0,36 m be taken for h.

Formula

Formula

4.   Coefficients βv and βa are calculated using the following formulae:

v

a

Formula

Formula

5.   The effective aft/forward sheers Sev/Sea are calculated using the following formulae:

v

a

| | Sev = Sv · p |
| --- | --- |

Sev = Sv · p

v

v

| | Sea = Sa · p |
| --- | --- |

Sea = Sa · p

a

a

where:

| Sv | is the actual forward sheer, in mm; however Sv shall not be taken to be more than 1 000 mm; |
| --- | --- |
| Sa | is the actual aft sheer, in mm; however Sa may not be taken to be more than 500 mm; |
| p | is a coefficient calculated using the following formula: |
| x | is the abscissa, measured from the extremity of the point where the sheer is 0,25 Sv or 0,25 Sa (see figure). |

Sv

v

is the actual forward sheer, in mm; however Sv shall not be taken to be more than 1 000 mm;

v

Sa

a

is the actual aft sheer, in mm; however Sa may not be taken to be more than 500 mm;

a

p

is a coefficient calculated using the following formula:

x

is the abscissa, measured from the extremity of the point where the sheer is 0,25 Sv or 0,25 Sa (see figure).

v

a

Image

However, coefficient p will not be taken to be more than 1.

6.   If βa · Sea is greater than βv · Sev, the value of βv · Sev will be taken as being the value for βa · Sea.

a

a

v

v

v

v

a

a

Article 4.03

Minimum freeboard

In view of the reductions referred to in Article 4.02 the minimum freeboard shall be not less than 0 mm.

Article 4.04

Draught marks

1.   The plane of maximum draught shall be determined in such a way that the specifications concerning minimum freeboard and minimum safety clearance are both met. However, for safety reasons, the inspection body may lay down a greater value for the safety clearance or freeboard. The plane of maximum draught shall be determined at least for Zone 3.

2.   The plane of maximum draught shall be indicated by means of highly visible, indelible draught marks.

3.   The draught marks for Zone 3 shall consist of a rectangle 300 mm long and 40 mm deep, the base of which is horizontal and coincides with the plane of the maximum authorised draught. Any differing draught marks shall include such a rectangle.

4.   Vessels shall have at least three pairs of draught marks, of which one pair shall be centrally located and the two others located, respectively, at a distance from the bow and stern that is equal to roughly one-sixth of the length.

However,

| (a) | where a vessel is less than 40 m in length it will suffice to affix two pairs of marks at a distance from the bow and stern, respectively, that is equal to a quarter of the length; |
| --- | --- |

(a)

where a vessel is less than 40 m in length it will suffice to affix two pairs of marks at a distance from the bow and stern, respectively, that is equal to a quarter of the length;

| (b) | where vessels are not intended for the carriage of goods, a pair of marks located roughly half way along the vessel will suffice. |
| --- | --- |

(b)

where vessels are not intended for the carriage of goods, a pair of marks located roughly half way along the vessel will suffice.

5.   Marks or indications which cease to be valid following a further inspection shall be deleted or marked as being no longer valid under the supervision of the inspection body. If a draught mark should disappear, it may only be replaced under the supervision of an inspection body.

6.   Where a vessel has been measured in implementation of the 1966 Convention on the Measurement of Inland Navigation Vessels and the plane of the measurement marks meets the requirements of this Directive, those measurement marks shall take the place of the draught marks; this shall be mentioned in the Community certificate.

7.   For vessels operating on zones of inland waterways other than Zone 3 (Zones 1, 2 or 4) the bow and stern pairs of draught marks provided for in section 4 shall be supplemented by adding a vertical line to which one or, in the case of several zones, several additional draught lines 150 mm long shall be affixed towards the bow, in relation to the draught mark for Zone 3.

This vertical line and the horizontal line shall be 30 mm thick. In addition to the draught mark towards the bow of the vessel, the relevant zone numbers shall be indicated in lettering 60 mm high × 40 mm deep (see Figure 1).

Figure 1

Image

Article 4.05

Maximum loaded draught of vessels whose holds are not always closed so as to be spray-proof and weathertight

If the plane of maximum draught for Zone 3 of a vessel is determined by assuming that the holds may be closed in such a way as to make them spray-proof and weathertight, and if the distance between the plane of maximum draught and the upper edge of the coamings is less than 500 mm, the maximum draught for sailing with uncovered holds shall be determined.

The following statement shall be entered on the Community certificate:

‘Where the hold hatches are totally or partly uncovered the vessel may only be loaded up to ... mm below the draught marks for Zone 3.’

Article 4.06

Draught scales

1.   Vessels whose draught may exceed 1 m shall bear a draught scale on each of their sides towards the stern; they may bear additional draught scales.

2.   The zero points on each draught scale shall be taken vertically to this within the plane running parallel to the plane of maximum draught passing through the lowest point of the hull or of the keel where such exists. The vertical distance above the zero point shall be graduated in decimetres. That graduation shall be located on each scale, from the unladen water line up to 100 mm above the maximum draught by means of punched or chiselled marks, and shall be painted in the form of a highly-visible band in two alternating colours. That graduation shall be identified by figures at a distance of every five decimetres marked next to the scale as well as at the top of the scale.

3.   The two stern measurement scales affixed pursuant to the Convention referred to in Article 4.04, section 6, may replace the draught scales, provided that they include a graduation that meets the requirements plus, where appropriate, figures indicating the draught.

CHAPTER 5

MANOEUVRABILITY

Article 5.01

General

Vessels and convoys shall display adequate navigability and manoeuvrability.

Unpowered vessels intended to be towed shall meet the specific requirements laid down by the inspection body.

Powered vessels and convoys shall meet the requirements set out in Articles 5.02 to 5.10.

Article 5.02

Navigation tests

1.   Navigability and manoeuvrability shall be checked by means of navigation tests. Compliance with the requirements of Articles 5.06 to 5.10 shall, in particular, be examined.

2.   The inspection body may dispense with all or part of the tests where compliance with the navigability and manoeuvrability requirements is proven in another manner.

Article 5.03

Test area

1.   The navigation tests referred to in Article 5.02 shall be carried out on areas of inland waterways that have been designated by the competent authorities.

2.   Those test areas shall be situated on a stretch of flowing or standing water that is if possible straight, at least 2 km long and sufficiently wide and is equipped with highly-distinctive marks for determining the position of the vessel.

3.   It shall be possible for the inspection body to plot the hydrological data such as depth of water, width of navigable channel and average speed of the current in the navigation area as a function of the various water levels.

Article 5.04

Degree of loading of vessels and convoys during navigation tests

During navigation tests, vessels and convoys intended to carry goods shall be loaded to at least 70 % of their tonnage and loading, distributed in such a way as to ensure a horizontal attitude as far as possible. If the tests are carried out with a lesser load the approval for downstream navigation shall be restricted to that loading.

Article 5.05

Use of on-board facilities for navigation test

1.   During the navigation test, all of the equipment referred to in items 34 and 52 of the Community certificate which may be actuated from the wheelhouse may be used, apart from anchors.

2.   However, during the test involving turning into the current referred to in Article 5.10, bow anchors may be used.

Article 5.06

Prescribed (forward) speed

1.   Vessels and convoys shall achieve a speed in relation to the water of at least 13 km/h. That condition is not mandatory where pusher tugs are operating solo.

2.   The inspection body may grant exemptions to vessels and convoys operating solely in estuaries and ports.

3.   The inspection body shall check if the unladen vessel is capable of exceeding a speed of 40 km/h in relation to water. If this can be confirmed, the following entry shall be made in item 52 of the Community certificate:

‘The vessel is capable of exceeding a speed of 40 km/h in relation to water.’

Article 5.07

Stopping capacity

1.   Vessels and convoys shall be able to stop facing downstream in good time while remaining adequately manoeuvrable.

2.   Where vessels and convoys are not longer than 86 m and not wider than 22,90 m the stopping capacity mentioned above may be replaced by turning capacity.

3.   The stopping capacity shall be proved by means of stopping manoeuvres carried out within a test area as referred to in Article 5.03 and the turning capacity by turning manoeuvres in accordance with Article 5.10.

Article 5.08

Capacity for going astern

Where the stopping manoeuvre required by Article 5.07 is carried out in standing water it shall be followed by a navigation test while going astern.

Article 5.09

Capacity for taking evasive action

Vessels and convoys shall be able to take evasive action in good time. That capacity shall be proven by means of evasive manoeuvres carried out within a test area as referred to in Article 5.03.

Article 5.10

Turning capacity

Vessels and convoys not exceeding 86 m in length or 22,90 m in breadth shall be able to turn in good time.

That turning capacity may be replaced by the stopping capacity referred to in Article 5.07.

The turning capacity shall be proven by means of turning manoeuvres against the current.

CHAPTER 6

STEERING SYSTEM

Article 6.01

General requirements

1.   Vessels shall be fitted with a reliable steering system which provides at least the manoeuvrability required by Chapter 5.

2.   Powered steering systems shall be designed in such a way that the rudder cannot change position unintentionally.

3.   The steering system as a whole shall be designed for permanent lists of up to 15° and ambient temperatures from – 20 °C to + 50 °C.

4.   The component parts of the steering system shall be rugged enough to always be able to withstand the stresses to which they may be subjected during normal operation. No external forces applied to the rudder shall impair the operating capacity of the steering apparatus and its drive unit.

5.   The steering system shall incorporate a powered drive unit if so required by the forces needed to actuate the rudder.

6.   A steering apparatus with powered drive unit shall be protected against overloads by means of a system that restricts the torque applied by the drive unit.

7.   The penetrations for the rudder stocks shall be so designed as to prevent the spread of water-polluting lubricants.

Article 6.02

Steering apparatus drive unit

1.   If the steering apparatus has a powered drive unit, it shall be possible to bring a second independent drive unit, or manual drive, into use within five seconds if the steering apparatus drive unit fails or malfunctions.

2.   If the second drive unit or manual drive is not placed in service automatically, it shall be possible to do so immediately by means of a single operation by the helmsman that is both simple and quick.

3.   The second drive unit or manual drive shall ensure the manoeuvrability required by Chapter 5 as well.

Article 6.03

Hydraulic steering apparatus drive unit

1.   No other power consumers may be connected to the hydraulic steering apparatus drive unit. Where there are two independent drive units, such a connection to one of the units is however acceptable if the consumers are connected to the return line and may be disconnected from the drive unit by means of an isolating device.

2.   Where there are two hydraulic drive units, a separate hydraulic reservoir is needed for each of the two units. However, double reservoirs are acceptable. Hydraulic reservoirs shall be fitted with a warning system that monitors any drop in the oil level below the lowest content level needed for reliable operation.

3.   The pilot valve does not have to be duplicated if this can be actuated manually or by manually-controlled hydraulic actuation from the wheelhouse.

4.   The dimensions, design and arrangement of the pipework shall as far as possible exclude mechanical damage or damage resulting from fire.

5.   As far as hydraulic drive units are concerned, no separate pipework system shall be required for the second unit if independent operation of the two units is guaranteed and if the pipework system is able to withstand a pressure of at least 1,5 times that of the maximum service pressure.

6.   Flexible piping is only permitted where its use is essential in order to damp vibrations or to allow freedom of movement of components. It shall be designed for a pressure that is at least equal to the maximum service pressure.

Article 6.04

Power source

1.   Steering systems fitted with two powered drive units shall have at least two power sources.

2.   If the second power source for the powered steering apparatus is not constantly available while the vessel is under way, a buffer device carrying adequate capacity shall provide back-up during the period needed for start-up.

3.   In the case of electrical power sources, no other power consumers may be supplied by the main power source for the steering system.

Article 6.05

Manual drive

1.   The manual wheel shall not be driven by a powered drive unit.

2.   Regardless of rudder position, a kick-back of the wheel shall be prevented when the manual drive is engaged automatically.

Article 6.06

Rudder-propeller, water-jet, cycloidal-propeller and bow-thruster systems

1.   Where the thrust vectoring of rudder-propeller, water-jet, cycloidal-propeller or bow-thruster installations is remotely actuated by electric, hydraulic or pneumatic means, there shall be two actuation systems, each independent of the other, between the wheelhouse and the propeller- or thruster-installation which, mutatis mutandis, meet the requirements of Articles 6.01 to 6.05.

mutatis mutandis

Such systems are not subject to this section if they are not needed in order to achieve the manoeuvrability required by Chapter 5 or if they are only needed for the stopping test.

2.   Where there are two or more rudder-propeller, water-jet or cycloidal-propeller installations that are independent of each other the second actuation system is not necessary if the vessel retains the manoeuvrability required by Chapter 5 if one of the systems fails.

Article 6.07

Indicators and monitoring devices

1.   The rudder position shall be clearly displayed at the steering position. If the rudder-position indicator is electric it shall have its own power supply.

2.   There shall be at least the following indicators and monitoring devices at the steering position:

| (a) | oil level in the hydraulic reservoirs in accordance with Article 6.03, section 2, and service pressure of the hydraulic system; |
| --- | --- |

(a)

oil level in the hydraulic reservoirs in accordance with Article 6.03, section 2, and service pressure of the hydraulic system;

| (b) | failure of the electrical supply for the steering control; |
| --- | --- |

(b)

failure of the electrical supply for the steering control;

| (c) | failure of the electrical supply for the drive units; |
| --- | --- |

(c)

failure of the electrical supply for the drive units;

| (d) | failure of the rate-of-turn regulator; |
| --- | --- |

(d)

failure of the rate-of-turn regulator;

| (e) | failure of the required buffer devices. |
| --- | --- |

(e)

failure of the required buffer devices.

Article 6.08

Rate-of-turn regulators

1.   Rate-of-turn regulators and their components shall meet the requirements laid down in Article 9.20.

2.   The proper functioning of the rate-of-turn regulator shall be displayed at the steering position by means of a green indicating light.

Any lack of or unacceptable variations in the supply voltage and an unacceptable decrease in the speed of rotation of the gyroscope shall be monitored.

3.   Where, in addition to the rate-of-turn regulator, there are other steering systems, it shall be possible to clearly distinguish at the steering position which of these systems has been activated. It shall be possible to shift from one system to another immediately. The rate-of-turn regulator shall not have any influence on these other steering systems.

4.   The electricity supply to the rate-of-turn regulator shall be independent of other power consumers.

5.   The gyroscopes, detectors and rate-of-turn indicators used in the rate-of-turn regulators shall meet the minimum requirements of the minimum specifications and test conditions concerning rate-of-turn displays for inland waterways, as laid down in Annex IX.

Article 6.09

Acceptance procedure

1.   The compliance of the installed steering system shall be checked by an inspection body. It may, for this purpose, request the following documents:

| (a) | description of the steering system; |
| --- | --- |

(a)

description of the steering system;

| (b) | drawings and information on the drive units and the steering controls; |
| --- | --- |

(b)

drawings and information on the drive units and the steering controls;

| (c) | information concerning the steering apparatus; |
| --- | --- |

(c)

information concerning the steering apparatus;

| (d) | electrical wiring diagram; |
| --- | --- |

(d)

electrical wiring diagram;

| (e) | description of the rate-of-turn regulator; |
| --- | --- |

(e)

description of the rate-of-turn regulator;

| (f) | operating instructions for the steering system. |
| --- | --- |

(f)

operating instructions for the steering system.

2.   Operation of the entire steering system shall be checked by means of a navigation test. If a rate-of-turn regulator is installed it shall be checked that a predetermined course can be reliably maintained and that bends can be negotiated safely.

CHAPTER 7

WHEELHOUSE

Article 7.01

General

1.   Wheelhouses shall be arranged in such a way that the helmsman may at all times perform his task while the vessel is under way.

2.   Under normal operating conditions, sound pressure generated by the vessel and measured at the level of the helmsman's head at the steering position shall not exceed 70 dB(A).

3.   Where a wheelhouse has been designed for radar navigation by one person, the helmsman shall be able to accomplish his task while seated and all of the display or monitoring instruments and all of the controls needed for operation of the vessel shall be arranged in such a way that the helmsman may use them comfortably while the vessel is under way without leaving his position or losing sight of the radar screen.

Article 7.02

Unobstructed view

1.   There shall be an adequately unobstructed view in all directions from the steering position.

2.   The area of obstructed vision for the helmsman ahead of the vessel in an unladen state with half of its supplies but without ballast shall not exceed two vessel lengths or 250 m, whichever is less, to the surface of the water over an arc from abeam on either side through right ahead of the vessel.

Optical and electronic means for reducing the area of obstructed vision may not be taken into account during the inspection.

To further reduce any area of obstructed vision, only suitable electronic devices shall be used.

3.   The helmsman's field of unobstructed vision at his normal position shall be at least 240° of the horizon and at least 140° within the forward semicircle.

No window frame, post or superstructure shall lie within the helmsman's usual axis of vision.

Even in the case where a field of unobstructed vision of at least 240° of the horizon is provided, the inspection body may require other measures and in particular the installation of suitable auxiliary optical or electronic devices if no sufficiently unobstructed view is provided towards the rear.

The height of the lower edge of the side windows shall be kept as low as possible and the height of the upper edge of the side and rear windows shall be kept as high as possible.

In determining whether the requirements in this Article for visibility from the wheelhouse are met, the helmsman shall be assumed to have a height of eye of 1 650 mm above the deck at the steering position.

4.   The upper edge of the forward facing windows of the wheelhouse shall be high enough to allow a person at the steering position with height of eye of 1 800 mm a clear forward view to at least 10 degrees above the horizontal at height of eye level.

5.   There shall in all weathers be suitable means of providing a clear view through the windscreen.

6.   The glazing used in wheelhouses shall be made of safety glass and have a light transmission of at least 75 %.

To avoid reflections, the bridge front windows shall be glare-free and inclined from the vertical plane, so as to form an outward angle of not less than 10° and not more than 25°.

Article 7.03

General requirements concerning control, indicating and monitoring equipment

1.   Control equipment needed to operate the vessel shall be brought into its operating position easily. That position shall be unambiguously clear.

2.   Monitoring instruments shall be easily legible. It shall be possible to adjust their lighting steplessly down to their extinction. Light sources shall be neither intrusive nor impair the legibility of the monitoring instruments.

3.   There shall be a system for testing the warning and indicating lights.

4.   It shall be possible to clearly establish whether a system is in operation. If its functioning is indicated by means of an indicating light, this shall be green.

5.   Any malfunctioning or failure of systems that require monitoring shall be indicated by means of red warning lights.

6.   An audible warning shall sound at the same time that a red warning light lights up. Audible warnings may be given by a single, collective signal. The sound pressure level of that signal shall exceed the maximum sound pressure level of the ambient noise at the steering position by at least 3 dB(A).

7.   The audible warning shall be capable of being switched off after a malfunction or failure has been acknowledged. Such shutdown shall not prevent the alarm signal from being triggered by other malfunctions. The red warning lights shall only go out when the malfunction has been corrected.

8.   The monitoring and indicating devices shall be automatically switched to an alternative power supply if their own power supply fails.

Article 7.04

Specific requirements concerning control, indicating and monitoring equipment of main engines and steering system

1.   It shall be possible to control and monitor the main engines and steering systems from the steering position. Main engines fitted with a clutch which can be actuated from the steering position, or driving a controllable pitch propeller which can be controlled from the steering position, need only to be capable of being started up and shut down from the engine room.

2.   The control for each main engine shall take the form of a single lever which prescribes an arc within a vertical plane that is approximately parallel to the longitudinal axis of the vessel. Movement of that lever towards the bow of the vessel shall cause forward motion, whereas movement of the lever towards the stern shall cause the vessel to go astern. Clutch engagement and reversal of the direction of motion shall take place about the neutral position of that lever. The lever shall catch in the neutral position.

3.   The direction of the propulsion thrust imparted to the vessel and the rotational speed of the propeller or main engines shall be displayed inside wheelhouses that have been designed for radar navigation by one person.

4.   The indicating and monitoring devices required by Article 6.07, section 2, Article 8.03, section 2, and Article 8.05, section 13, shall be located at the steering position.

5.   Vessels with wheelhouses designed for radar navigation by one person shall be steered by means of a lever. It shall be possible to move that lever easily by hand. The position of the lever in relation to the longitudinal axis of the vessel shall correspond precisely to the position of the rudder blades. It shall be possible to release hold of the lever in any given position without that of the rudder blades changing. The neutral position of the lever shall be clearly perceptible.

6.   Where the vessel is fitted with bow rudders or special rudders, particularly for going astern, these shall be actuated in wheelhouses designed for radar navigation by one person by special levers which, mutatis mutandis, meet the requirements set out in section 5.

mutatis mutandis

That requirement shall also apply where, in convoys, the steering system fitted to craft other than those powering the convoy is used.

7.   Where rate-of-turn regulators are used, it shall be possible for the rate-of-turn control to be released in any given position without altering the speed selected.

The control shall turn through a wide enough arc to guarantee adequately precise positioning. The neutral position shall be clearly perceptible from the other positions. The scale illumination shall be steplessly variable.

8.   The remote-control equipment for the entire steering system shall be installed in a permanent manner and be arranged in such a way that the course selected is clearly visible. If the remote control equipment can be disengaged, it shall be equipped with an indicating device displaying the respective operational conditions ‘in service’ or ‘out of service’. The disposition and manipulation of the controls shall be functional.

For systems that are subsidiary to the steering system, such as active bow thrusters, remote-control equipment not permanently installed shall be acceptable provided that such a subsidiary installation can be activated by means of an override at any time within the wheelhouse.

9.   In the case of rudder-propeller, water-jet, cycloidal-propeller and bow-thruster systems, equivalent devices shall be acceptable as control, indicating and monitoring devices.

The requirements set out in sections 1 to 8 shall apply, mutatis mutandis, in view of the specific characteristics and arrangements selected for the abovementioned active steering and propulsion units. The position of the indicating device shall clearly show for each installation the direction of the thrust acting on the vessel or the direction of the jet.

mutatis mutandis

Article 7.05

Navigation lights, light signals and sound signals

1.   In this Article the term:

| (a) | ‘navigation lights’ means the masthead, side and stern lights, and the lights visible from all sides, the blue scintillating lights, yellow rapidly scintillating strong lights for high-speed vessels and blue lights for the carriage of dangerous goods; |
| --- | --- |

(a)

‘navigation lights’ means the masthead, side and stern lights, and the lights visible from all sides, the blue scintillating lights, yellow rapidly scintillating strong lights for high-speed vessels and blue lights for the carriage of dangerous goods;

| (b) | ‘light signals’ means the lights accompanying the sound signals and assigned to the blue panel. |
| --- | --- |

(b)

‘light signals’ means the lights accompanying the sound signals and assigned to the blue panel.

2.   Current indicating lights or other equivalent devices, such as repeater lights, for monitoring the navigation lights shall be installed in the wheelhouse unless that monitoring can be performed direct from the wheelhouse.

3.   In wheelhouses designed for radar navigation by one person, repeater lights shall be installed on the control panel in order to monitor the navigation lights and the light signals. Switches of navigation lights shall be included in the repeater lights or be adjacent to these and shall be clearly assigned to them.

The arrangement and colour of the repeater lights for the navigation lights and light signals shall correspond to the actual position and colour of those lights and signals.

The failure of a navigation light or light signal to function shall cause the corresponding repeater light either to go out or to provide a signal in another manner.

4.   In wheelhouses designed for radar navigation by one person it shall be possible to activate the sound signals by a foot operated switch. That requirement shall not apply to the ‘do not approach’ signal in accordance with the applicable navigational authority regulations of the Member States.

5.   Navigation lights shall meet the requirements set out in Annex IX, Part I.

Article 7.06

Radar installations and rate-of-turn indicators

1.   The radar equipment and rate-of-turn indicators shall be of a type that has been approved by the competent authority. The requirements concerning installation and operational testing of radar equipment and rate-of-turn indicators, as laid down in Annex IX, shall be met. Inland ECDIS equipment which can be operated in navigation mode shall be regarded as radar equipment. In addition the requirements of the Inland ECDIS standard shall be met.

The rate-of-turn indicator shall be located ahead of the helmsman and within his field of vision.

2.   In wheelhouses designed for radar navigation by one person:

| (a) | the radar screen shall not be shifted significantly out of the helmsman's axis of view in its normal position; |
| --- | --- |

(a)

the radar screen shall not be shifted significantly out of the helmsman's axis of view in its normal position;

| (b) | the radar image shall continue to be perfectly visible, without a mask or screen, whatever the lighting conditions outside the wheelhouse; |
| --- | --- |

(b)

the radar image shall continue to be perfectly visible, without a mask or screen, whatever the lighting conditions outside the wheelhouse;

| (c) | the rate-of-turn indicator shall be installed directly above or below the radar image or be incorporated into this. |
| --- | --- |

(c)

the rate-of-turn indicator shall be installed directly above or below the radar image or be incorporated into this.

Article 7.07

Radio telephony systems for vessels with wheelhouses designed for radar navigation by one person

1.   Where vessel wheelhouses have been designed for radar navigation by one person, reception from the vessel-vessel networks and that of nautical information shall be via a loudspeaker, and outgoing communications via a fixed microphone. Send/receive shall be selected by means of a push-button.

It shall not be possible to use the microphones of those networks for the public correspondence network.

2.   Where vessel wheelhouses designed for radar navigation by one person are equipped with a radio telephone system for the public correspondence network, reception shall be possible from the helmsman's seat.

Article 7.08

Internal communication facilities on board

There shall be internal communication facilities on board vessels with a wheelhouse designed for radar navigation by one person.

It shall be possible to establish communication links from the steering position:

| (a) | with the bow of the vessel or convoy; |
| --- | --- |

(a)

with the bow of the vessel or convoy;

| (b) | with the stern of the vessel or convoy if no direct communication is possible from the steering position; |
| --- | --- |

(b)

with the stern of the vessel or convoy if no direct communication is possible from the steering position;

| (c) | with the crew accommodation; |
| --- | --- |

(c)

with the crew accommodation;

| (d) | with the boatmaster's cabin. |
| --- | --- |

(d)

with the boatmaster's cabin.

Reception at all positions of these internal communication links shall be via loudspeaker, and transmission shall be via a fixed microphone. The link with the bow and stern of the vessel or convoy may be of the radio-telephone type.

Article 7.09

Alarm system

1.   There shall be an independent alarm system enabling the accommodation, engine rooms and, where appropriate, the separate pump rooms to be reached.

2.   The helmsman shall have within reach an on/off switch controlling the alarm signal; switches which automatically return to the off position when released are not acceptable.

3.   The sound pressure level for the alarm signal shall be at least 75 dB(A) within the accommodation area.

In engine rooms and pump rooms the alarm signal shall take the form of a flashing light that is visible on all sides and clearly perceptible at all points.

Article 7.10

Heating and ventilation

Wheelhouses shall be equipped with an effective heating and ventilation system that can be regulated.

Article 7.11

Stern-anchor operating equipment

On board vessels and convoys whose wheelhouse has been designed for radar navigation by one person and exceeding 86 m in length or 22,90 m in breadth it shall be possible for the helmsman to drop the stern anchors from his position.

Article 7.12

Retractable wheelhouses

Retractable wheelhouses shall be fitted with an emergency lowering system.

All lowering operations shall automatically trigger a clearly audible acoustic warning signal. That requirement shall not apply if the risk of injury which may result from the lowering is prevented by appropriate design features.

It shall be possible to leave the wheelhouse safely whatever its position.

Article 7.13

Entry in the Community certificate for vessels with wheelhouses designed for radar navigation by one person

Where a vessel complies with the special provisions for wheelhouses designed for radar navigation by one person as set out in Articles 7.01, 7.04 to 7.08 and 7.11, the following entry shall be made in the Community certificate:

‘The vessel has a wheelhouse designed for radar navigation by one person’.

CHAPTER 8

ENGINE DESIGN

Article 8.01

General

1.   Engines and their ancillaries shall be designed, built and installed in accordance with best practice.

2.   Installations requiring regular inspection, particularly steam boilers, other pressure vessels and their accessories, and lifts, shall meet the regulations applying in one of the Member States of the Community.

3.   Only internal-combustion engines burning fuels having a flashpoint of more than 55 °C may be installed.

Article 8.02

Safety equipment

1.   Engines shall be installed and fitted in such a way as to be adequately accessible for operation and maintenance and shall not endanger the persons assigned to those tasks. It shall be possible to make them secure against unintentional starting.

2.   Main engines, auxiliaries, boilers and pressure vessels, and their accessories, shall be fitted with safety devices.

3.   In case of emergency, it shall also be possible to shut down the motors driving the blower and suction fans from outside the space in which they are located, and from outside the engine room.

4.   Where necessary, connections of pipes which carry fuel oil, lubricating oil, and oils used in power transmission systems, control and activating systems and heating systems shall be screened or otherwise suitably protected to avoid oil spray or leakages onto hot surfaces, into machinery air intakes, or other sources of ignition. The number of connections in such piping systems shall be kept to a minimum.

5.   External high pressure fuel delivery pipes of diesel engines, between the high pressure fuel pumps and fuel injectors, shall be protected with a jacketed piping system capable of containing fuel from a high pressure pipe failure. The jacketed piping system shall include a means for collection of leakages and arrangements shall be provided for an alarm to be given of a fuel pipe failure, except that an alarm is not required for engines with no more than two cylinders. Jacketed piping systems need not be applied to engines on open decks operating windlasses and capstans.

6.   Insulation of engine parts shall meet the requirements of Article 3.04, section 3, second paragraph.

Article 8.03

Power plant

1.   It shall be possible to start, stop or reverse the ship's propulsion reliably and quickly.

2.   The following shall be monitored by suitable devices which trigger an alarm once a critical level has been reached:

| (a) | the temperature of the main-engine cooling water; |
| --- | --- |

(a)

the temperature of the main-engine cooling water;

| (b) | the lubricating-oil pressure for the main engines and transmissions; |
| --- | --- |

(b)

the lubricating-oil pressure for the main engines and transmissions;

| (c) | the oil and air pressure of the main engine reversing units, reversible transmissions or propellers. |
| --- | --- |

(c)

the oil and air pressure of the main engine reversing units, reversible transmissions or propellers.

3.   Where vessels have only one main engine, that engine shall not be shut down automatically except in order to protect against overspeed.

4.   Where vessels have only one main engine, that engine may be equipped with an automatic device for the reduction of the engine speed only if an automatic reduction of the engine speed is indicated both optically and acoustically in the wheelhouse and the device for the reduction of the engine speed can be switched off from the helmsman's position.

5.   Shaft bushings shall be designed in such a way as to prevent the spread of water-polluting lubricants.

Article 8.04

Engine exhaust system

1.   The exhaust gases shall be completely ducted out of the vessel.

2.   All suitable measures shall be taken to avoid ingress of the exhaust gases into the various compartments. Exhaust pipes passing through accommodation or the wheelhouse shall, within these, be covered by protective gas-tight sheathing. The gap between the exhaust pipe and this sheathing shall be open to the outside air.

3.   The exhaust pipes shall be arranged and protected in such a way that they cannot cause a fire.

4.   The exhaust pipes shall be suitably insulated or cooled in the engine rooms. Protection against physical contact may suffice outside the engine rooms.

Article 8.05

Fuel tanks, pipes and accessories

1.   Liquid fuels shall be stored in steel tanks which are either an integral part of the hull or which are firmly attached to the hull. If so required by the design of the vessel, an equivalent material in terms of fire-resistance may be used. These requirements shall not apply to tanks having a capacity of no more than 12 litres that have been incorporated in auxiliaries during their manufacture. Fuel tanks shall not have common partitions with drinking-water tanks.

2.   Tanks and their pipework and other accessories shall be laid out and arranged in such a way that neither fuel nor fuel vapours may accidentally reach the inside of the vessel. Tank valves intended for fuel sampling or water drainage shall close automatically.

3.   No fuel tanks may be located forward of the collision bulkhead.

4.   Fuel tanks and their fittings shall not be located directly above engines or exhaust pipes.

5.   The filler orifices for fuel tanks shall be marked distinctly.

6.   The orifice for the fuel tank filler necks shall be on the deck, except for the daily-supply tanks. The filler neck shall be fitted with a connection piece in accordance with European standard EN 12827:1999.

Such tanks shall be fitted with a breather pipe terminating in the open air above the deck and arranged in such a way that no water ingress is possible. The cross-section of the breather pipe shall be at least 1,25 times the cross-section of the filler neck.

If tanks are interconnected, the cross-section of the connecting pipe shall be at least 1,25 times the cross-section of the filler neck.

7.   Directly at tank outlets the pipework for the distribution of fuels shall be fitted with a shutoff device that can be operated from the deck

This requirement shall not apply to tanks mounted directly on the engine.

8.   Fuel pipes, their connections, seals and fittings shall be made of materials that are able to withstand the mechanical, chemical and thermal stresses to which they are likely to be subjected. The fuel pipes shall not be subjected to any adverse influence of heat and it shall be possible to inspect them throughout their length.

9.   Fuel tanks shall be provided with a suitable capacity-gauging device. Capacity-gauging devices shall be legible right up to the maximum filling level. Glass gauges shall be effectively protected against impacts, shall be fitted with an automatic closing device at their base and their upper end shall be connected to the tanks above their maximum filling level. The material used for glass gauges shall not deform under normal ambient temperatures. Sounding pipes shall not terminate in accommodation spaces. Sounding pipes terminating in an engine or boiler room shall be fitted with suitable self-closing devices.

| 10. | (a) | Fuel tanks shall be safeguarded against fuel spills during bunkering by means of appropriate onboard technical devices which shall be entered in item 52 of the Community certificate. |
| --- | --- | --- |
| (b) | If fuel is taken on from bunkering stations with their own technical devices to prevent fuel spills on board during bunkering, the equipment requirements in (a) and section 11 shall no longer apply. |

10.

(a)

Fuel tanks shall be safeguarded against fuel spills during bunkering by means of appropriate onboard technical devices which shall be entered in item 52 of the Community certificate.

(b)

If fuel is taken on from bunkering stations with their own technical devices to prevent fuel spills on board during bunkering, the equipment requirements in (a) and section 11 shall no longer apply.

11.   If fuel tanks are fitted with an automatic shut-off device, the sensors shall stop fuelling when the tank is 97 % full; this equipment shall meet the ‘failsafe’ requirements.

If the sensor activates an electrical contact, which can break the circuit provided by the bunkering station by a binary signal, it shall be possible to transmit the signal to the bunkering station by means of a watertight connection plug meeting the requirements of IEC publication 60309-1:1999 for 40 to 50 V DC, housing colour white, earthing contact position ten o'clock.

12.   Fuel tanks shall be provided with openings having leak-proof closures that are intended to permit cleaning and inspection.

13.   Fuel tanks directly supplying the main engines and engines needed for safe operation of the vessel shall be fitted with a device emitting both visual and audible signals in the wheelhouse if their level of filling is not sufficient to ensure further safe operation.

Article 8.06

Storage of lubricating oil, pipes and accessories

1.   Lubricating oil shall be stored in steel tanks which are either an integral part of the hull or which are firmly attached to the hull. If so required by the design of the vessel, an equivalent material in terms of fire-resistance may be used. These requirements shall not apply to tanks having a capacity of no more than 25 litres. Lubricating oil tanks shall not have common partitions with drinking-water tanks.

2.   Lubricating oil tanks and their pipework and other accessories shall be laid out and arranged in such a way that neither lubricating oil nor lubricating oil vapour may accidentally reach the inside of the vessel.

3.   No lubricating oil tanks may be located forward of the collision bulkhead.

4.   Lubricating oil tanks and their fittings shall not be located directly above engines or exhaust pipes.

5.   The filler orifices for lubricating oil tanks shall be marked distinctly.

6.   Lubricating oil pipes, their connections, seals and fittings shall be made of materials that are able to withstand the mechanical, chemical and thermal stresses to which they are likely to be subjected. The pipes shall not be subjected to any adverse influence of heat and it shall be possible to inspect them throughout their length.

7.   Lubricating oil tanks shall be provided with a suitable capacity-gauging device. Capacity-gauging devices shall be legible right up to the maximum filling level. Glass gauges shall be effectively protected against impacts, shall be fitted with an automatic closing device at their base and their upper end shall be connected to the tanks above their maximum filling level. The material used for glass gauges shall not deform under normal ambient temperatures. Sounding pipes shall not terminate in accommodation spaces. Sounding pipes terminating in an engine or boiler room shall be fitted with suitable self-closing devices.

Article 8.07

Storage of oils used in power transmission systems, control and activating systems and heating systems, pipes and accessories

1.   Oils used in power transmission systems, control and activating systems and heating systems shall be stored in steel tanks which are either an integral part of the hull or which are firmly attached to the hull. If so required by the design of the vessel, an equivalent material in terms of fire-resistance may be used. These requirements shall not apply to tanks having a capacity of no more than 25 litres. Such oil tanks shall not have common partitions with drinking-water tanks.

2.   Such oil tanks and their pipework and other accessories shall be laid out and arranged in such a way that neither such oil nor such oil vapour may accidentally reach the inside of the vessel.

3.   No such oil tanks may be located forward of the collision bulkhead.

4.   Such oil tanks and their fittings shall not be located directly above engines or exhaust pipes.

5.   The filler orifices for such oil tanks shall be marked distinctly.

6.   Such oil pipes, their connections, seals and fittings shall be made of materials that are able to withstand the mechanical, chemical and thermal stresses to which they are likely to be subjected. The pipes shall not be subjected to any adverse influence of heat and it shall be possible to inspect them throughout their length.

7.   Such oil tanks shall be provided with a suitable capacity-gauging device. Capacity-gauging devices shall be legible right up to the maximum filling level. Glass gauges shall be effectively protected against impacts, shall be fitted with an automatic closing device at their base and their upper end shall be connected to the tanks above their maximum filling level. The material used for glass gauges shall not deform under normal ambient temperatures. Sounding pipes shall not terminate in accommodation spaces. Sounding pipes terminating in an engine or boiler room shall be fitted with suitable self-closing devices.

Article 8.08

Bilge pumping and drainage systems

1.   It shall be possible to pump out each watertight compartment separately. However, that requirement shall not apply to watertight compartments that are normally sealed hermetically during operation.

2.   Vessels requiring a crew shall be equipped with two independent bilge pumps which shall not be installed within the same space. At least one of these shall be motor driven. However, for vessels with a power of less than 225 kW or with a deadweight of less than 350 t, or where vessels not intended for the carriage of goods have a displacement of less than 250 m3, one pump will suffice which can be either manually-operated or motor-driven.

3

Each of the required pumps shall be capable of use on each watertight compartment.

3.   The minimum pumping capacity Q1 of the first bilge pump shall be calculated using the following formula:

1

| | Q1 = 0,1 · d1
  2 [l/min] |
| --- | --- |

Q1 = 0,1 · d1
  2 [l/min]

1

1

2

d1 is calculated via the formula:

1

Formula

The minimum pumping capacity Q2 of the second bilge pump shall be calculated using the following formula:

2

| | Q2 = 0,1 · d2
  2 [l/min] |
| --- | --- |

Q2 = 0,1 · d2
  2 [l/min]

2

2

2

d2 is calculated using the formula:

2

Formula

However, the value d2 need not exceed value d1.

2

1

For the calculation of Q2 l shall be taken to be the length of the longest watertight compartment.

2

In these formulae:

| l | is the length of the watertight compartment in question, in [m]; |
| --- | --- |
| d1 | is the calculated internal diameter of the main drainage pipe, in [mm]; |
| d2 | is the calculated internal diameter of the branch pipe, in [mm]. |

l

is the length of the watertight compartment in question, in [m];

d1

1

is the calculated internal diameter of the main drainage pipe, in [mm];

d2

2

is the calculated internal diameter of the branch pipe, in [mm].

4.   Where the bilge pumps are connected to a drainage system the drainage pipes shall have an internal diameter of at least d1, in mm, and the branch pipes an internal diameter of at least d2, in mm.

1

2

Where vessels are less than 25 m in length the values d1 and d2 may be reduced to 35 mm.

1

2

5.   Only self-priming bilge pumps are permitted.

6.   There shall be at least one suction on both the starboard and port sides of all flat-bottomed, drainable compartments that are wider than 5 m.

7.   It may be possible to drain the aft peak via the main engine room by means of an easily accessible, automatically closable fitting.

8.   Branch pipes of single compartments shall be connected to the main drainage pipe by means of a lockable non-return valve.

Compartments or other spaces that are capable of carrying ballast need to be connected to the drainage system only by means of a simple closing device. That requirement shall not apply to holds that are capable of carrying ballast. Such holds shall be filled with ballast water by means of ballast piping that is permanently installed and independent of the drainage pipes, or by means of branch pipes that can be connected to the main drainage pipe by flexible pipes or flexible adaptors. Water intake valves located in the bottom of the hold shall not be permitted for this purpose.

9.   Hold bilges shall be fitted with gauging devices.

10.   Where a drainage system incorporates permanently installed pipework the bilge-bottom drainage pipes intended to extract oily water shall be equipped with closures that have been sealed in position by an inspection body. The number and position of those closures shall be entered on the Community certificate.

11.   Locking the closures in position shall be regarded as equivalent to sealing in accordance with section 10. The key or keys for the locking of the closures shall be indicated accordingly and kept in a marked and easily accessible location in the engine room.

Article 8.09

Oily water and used oil stores

1.   It shall be possible to store on board oily water accumulated during operation. The engine-room bilge is considered to be a store for this purpose.

2.   In order to store used oils there shall, in the engine room, be one or several specific receptacles whose capacity corresponds to at least 1,5 times the quantity of the used oils from the sumps of all of the internal combustion engines and transmissions installed, together with the hydraulic fluids from the hydraulic-fluid tanks.

The connections used in order to empty the receptacles referred to above shall comply with European standard EN 1305:1996.

3.   Where vessels are only used on short-haul operation the inspection body may grant exceptions from the requirements of section 2.

Article 8.10

Noise emitted by vessels

1.   The noise produced by a vessel under way, and in particular the engine air intake and exhaust noises, shall be damped by using appropriate means.

2.   The noise generated by a vessel under way shall not exceed 75 dB(A) at a lateral distance of 25 m from the ship's side.

3.   Apart from transhipment operations the noise generated by a stationary vessel shall not exceed 65 dB(A) at a lateral distance of 25 m from the ship's side.

CHAPTER 8a

(Left void)

CHAPTER 9

ELECTRICAL EQUIPMENT

Article 9.01

General

1.   Where there are no specific requirements concerning certain parts of an installation the safety level shall be considered satisfactory where those parts have been produced in accordance with a European standard in force or in accordance with the requirements of an approved classification society.

The relevant documents shall be submitted to the inspection body.

2.   Documents containing the following, and duly stamped by the inspection body, shall be kept on board:

| (a) | general drawings concerning the entire electrical installation; |
| --- | --- |

(a)

general drawings concerning the entire electrical installation;

| (b) | switching diagrams for the main switchboard, the emergency switchboard and the distribution switchboard, together with the most important technical data such as the amperage and rated current of the protection and control devices; |
| --- | --- |

(b)

switching diagrams for the main switchboard, the emergency switchboard and the distribution switchboard, together with the most important technical data such as the amperage and rated current of the protection and control devices;

| (c) | power data concerning the electrical machinery and equipment; |
| --- | --- |

(c)

power data concerning the electrical machinery and equipment;

| (d) | types of cable and information on conductor cross-sections. |
| --- | --- |

(d)

types of cable and information on conductor cross-sections.

It is not necessary to keep such documents on board unmanned craft, but they shall be available at all times with the owner.

3.   The equipment shall be designed for permanent lists of up to 15° and ambient inside temperatures of between 0 °C and + 40 °C, and on the deck between – 20 °C and + 40 °C. It shall function perfectly within those limits.

4.   The electrical and electronic equipment and appliances shall be fully accessible and easy to maintain.

Article 9.02

Electricity supply systems

1.   Where craft are fitted with an electrical system, that system shall in principle have at least two power sources in such a way that where one power source fails the remaining source is able to supply the power consumers needed for safe navigation for at least 30 minutes.

2.   Adequate rating of the power supply shall be demonstrated by means of a power balance. An appropriate simultaneity factor may be taken into account.

3.   Independently of section 1, Article 6.04 shall apply to the power source for the steering system (rudder installations).

Article 9.03

Protection against physical contact, intrusion of solid objects and the ingress of water

The type of minimum protection for permanently installed parts of an installation shall be as set out in the following table:

| Location | Type of minimum protection
  (in accordance with IEC publ. 60529:1992) |
| --- | --- |
| Generators | Motors | Trans-formers | Panels
  Distributors
  Switches | Fittings | Lighting equipment |
| Operation rooms, engine rooms, steering-gear compartments | IP 22 | IP 22 | (2)IP 22 | (1)
   (2)IP 22 | IP 44 | IP 22 |
| Holds | | | | | IP 55 | IP 55 |
| Battery and paint lockers | | | | | | IP 44
  u. (Ex) (3) |
| Free decks and open steering positions | | IP 55 | | IP 55 | IP 55 | IP 55 |
| Wheelhouse | | IP 22 | IP 22 | IP 22 | IP 22 | IP 22 |
| Accommodation apart from sanitary facilities and wash rooms | | | | IP 22 | IP 20 | IP 20 |
| Sanitary facilities and wash rooms | | IP 44 | IP 44 | IP 44 | IP 55 | IP 44 |

Location

Type of minimum protection

(in accordance with IEC publ. 60529:1992)

Generators

Motors

Trans-formers

Panels

Distributors

Switches

Fittings

Lighting equipment

Operation rooms, engine rooms, steering-gear compartments

IP 22

IP 22

(2)IP 22

2

(1)
   (2)IP 22

1

2

IP 44

IP 22

Holds

IP 55

IP 55

Battery and paint lockers

IP 44

u. (Ex) (3)

3

Free decks and open steering positions

IP 55

IP 55

IP 55

IP 55

Wheelhouse

IP 22

IP 22

IP 22

IP 22

IP 22

Accommodation apart from sanitary facilities and wash rooms

IP 22

IP 20

IP 20

Sanitary facilities and wash rooms

IP 44

IP 44

IP 44

IP 55

IP 44

Article 9.04

Protection from explosion

Only explosion-proof electrical equipment (certified safety) may be installed in spaces where potentially explosive gases or mixtures of gases are likely to accumulate, such as compartments dedicated for accumulators or the storage of highly inflammable products. No light switches or switches for other electrical appliances shall be installed in these spaces. The protection from explosion shall take account of the characteristics of the potentially explosive gases or mixtures of gases that are likely to arise (explosion-potential group, temperature class).

Article 9.05

Earthing

1.   Systems under a voltage of more than 50 V need to be earthed.

2.   Metal parts that are open to physical contact and which, during normal operation, are not electrically live, such as engine frames and casings, appliances and lighting equipment, shall be earthed separately where they are not in electrical contact with the hull as a result of their installation.

3.   The casings of mobile power consumers and portable devices shall, during normal use, be earthed by means of an additional earthing conductor that is incorporated into the power cable.

That provision shall not apply where a protective circuit-separation transformer is used, nor to appliances fitted with protective insulation (double insulation).

4.   The cross-sections of the earthing conductors shall be not less than given in the following table:

| Cross-section of outside conductors
  [mm2] | Minimum cross-section of earthing conductors |
| --- | --- |
| within insulated cables
  [mm2] | fitted separately
  [mm2] |
| from 0,5 to 4 | same cross-section as that of the outside conductor | 4 |
| more than 4 to 16 | same cross-section as that of the outside conductor | same cross-section as that of the outside conductor |
| more than 16 to 35 | 16 | 16 |
| more than 35 to 120 | half of the cross-section of the outside conductor | half of the cross-section of the outside conductor |
| more than 120 | 70 | 70 |

Cross-section of outside conductors

[mm2]

2

Minimum cross-section of earthing conductors

within insulated cables

[mm2]

2

fitted separately

[mm2]

2

from 0,5 to 4

same cross-section as that of the outside conductor

4

more than 4 to 16

same cross-section as that of the outside conductor

same cross-section as that of the outside conductor

more than 16 to 35

16

16

more than 35 to 120

half of the cross-section of the outside conductor

half of the cross-section of the outside conductor

more than 120

70

70

Article 9.06

Maximum permissible voltages

1.   The following voltages shall not be exceeded:

| Type of installation | Maximum permissible voltage |
| --- | --- |
| Direct current | Single-phase alternating current | Three-phase alternating current |
| a. | Power and heating installations including the sockets for general use |

Type of installation

Maximum permissible voltage

Direct current

Single-phase alternating current

Three-phase alternating current

a.

Power and heating installations including the sockets for general use

250 V

250 V

500 V

| b. | Lighting, communications, command and information installations including the sockets for general use |
| --- | --- |

b.

Lighting, communications, command and information installations including the sockets for general use

250 V

250 V

—

| c. | Sockets intended to supply portable devices used on open decks or within narrow or damp metal lockers, apart from boilers and tanks: |
| --- | --- |

c.

Sockets intended to supply portable devices used on open decks or within narrow or damp metal lockers, apart from boilers and tanks:

| 1. | In general |
| --- | --- |

1.

In general

50 V (4)

4

50 V (4)

4

—

| 2. | Where a protective circuit-separation transformer only supplies one appliance |
| --- | --- |

2.

Where a protective circuit-separation transformer only supplies one appliance

—

250 V (5)

5

—

| 3. | Where protective-insulation (double insulation) appliances are used |
| --- | --- |

3.

Where protective-insulation (double insulation) appliances are used

250 V

250 V

—

| 4. | Where ≤ 30 mA default current circuit breakers are used. |
| --- | --- |

4.

Where ≤ 30 mA default current circuit breakers are used.

—

250 V

500 V

| d. | Mobile power consumers such as electrical equipment for containers, motors, blowers and mobile pumps which are not normally moved during service and whose conducting parts which are open to physical contact are earthed by means of an earthing conductor that is incorporated into the connecting cable and which, in addition to that earthing conductor, are connected to the hull by their specific positioning or by an additional conductor |
| --- | --- |

d.

Mobile power consumers such as electrical equipment for containers, motors, blowers and mobile pumps which are not normally moved during service and whose conducting parts which are open to physical contact are earthed by means of an earthing conductor that is incorporated into the connecting cable and which, in addition to that earthing conductor, are connected to the hull by their specific positioning or by an additional conductor

250 V

250 V

500 V

| e. | Sockets intended to supply portable appliances used inside boilers and tanks |
| --- | --- |

e.

Sockets intended to supply portable appliances used inside boilers and tanks

50 V (4)

4

50 V (4)

4

—

2.   By way of derogation from section 1, if the necessary protective measures are applied higher voltages shall be acceptable:

| (a) | for power installations where their power so requires; |
| --- | --- |

(a)

for power installations where their power so requires;

| (b) | for special on-board installations such as radio and ignition systems. |
| --- | --- |

(b)

for special on-board installations such as radio and ignition systems.

Article 9.07

Distribution systems

1.   The following distribution systems are allowed for direct current and single-phase alternating current:

| (a) | two-conductor systems of which one is earthed (L1/N/PE); |
| --- | --- |

(a)

two-conductor systems of which one is earthed (L1/N/PE);

| (b) | single-conductor systems using the hull return principle, only for local installations (for example, starting gear for combustion engines, cathodic protection) (L1/PEN); |
| --- | --- |

(b)

single-conductor systems using the hull return principle, only for local installations (for example, starting gear for combustion engines, cathodic protection) (L1/PEN);

| (c) | two-conductor systems that are insulated from the hull (L1/L2/PE). |
| --- | --- |

(c)

two-conductor systems that are insulated from the hull (L1/L2/PE).

2.   The following distribution systems are allowed for three-phase alternating current:

| (a) | four-conductor systems with earthing of the neutral point, not using the hull return principle (L1/L2/L3/N/PE) = (network TN-S) or (network TT); |
| --- | --- |

(a)

four-conductor systems with earthing of the neutral point, not using the hull return principle (L1/L2/L3/N/PE) = (network TN-S) or (network TT);

| (b) | three-conductor systems insulated from the hull (Ll/L2/L3/PE) = (network IT); |
| --- | --- |

(b)

three-conductor systems insulated from the hull (Ll/L2/L3/PE) = (network IT);

| (c) | three-conductor systems with earthing of the neutral point using the hull return principle, however, that shall not be allowed for terminal circuits (L1/L2/L3/PEN). |
| --- | --- |

(c)

three-conductor systems with earthing of the neutral point using the hull return principle, however, that shall not be allowed for terminal circuits (L1/L2/L3/PEN).

3.   The inspection body may allow the use of other systems.

Article 9.08

Connection to shore or other external networks

1.   Incoming supply lines from shore networks or other external networks to the installations of the onboard network shall have a permanent connection on board in the form of fixed terminals or fixed plug sockets. The cable connections shall not be subjected to any pulling load.

2.   The hull shall be capable of being earthed effectively when the connection voltage exceeds 50 V. The earthing connection shall be specially marked.

3.   The switching devices for the connection shall be arranged such as to prevent the concurrent operation of the onboard network generators and the shore network or another external network. A brief period of concurrent operation shall be permitted when changing from one system to another without a break in voltage.

4.   The connection shall be protected against short circuiting and overload.

5.   The main switchboard shall indicate whether the connection is live.

6.   Indicator devices shall be installed to enable comparison of polarity in the case of direct current and phase sequence in the case of three-phase alternating current, between the connection and the onboard network.

7.   A panel adjacent to the connection shall indicate:

| (a) | the measures required to establish the connection; |
| --- | --- |

(a)

the measures required to establish the connection;

| (b) | the type of current and the nominal voltage and, for alternating current, the frequency. |
| --- | --- |

(b)

the type of current and the nominal voltage and, for alternating current, the frequency.

Article 9.09

Power supply to other craft

1.   When power is supplied to other craft, a separate connection shall be used. If power sockets rated at more than 16 A are used to supply current to other craft, devices (such as switches or interlocks) shall be provided to ensure that connection and disconnection can take place only when the line is dead.

2.   Cable connections shall not be subjected to any pulling load.

3.   Article 9.08, sections 3 to 7, shall apply mutatis mutandis.

mutatis mutandis

Article 9.10

Generators and motors

1.   Generators, motors and their terminal boxes shall be accessible for inspections, measurements and repairs. The type of protection shall correspond to their location (see Article 9.03).

2.   Generators driven by the main engine, the propeller shaft or by an auxiliary set intended for other purposes shall be designed with respect to the range of rotational speeds which can occur during normal operation.

Article 9.11

Accumulators

1.   Accumulators shall be accessible and so arranged as not to shift due to movements of the craft. They shall not be placed where they will be exposed to excessive heat, extreme cold, spray, steam or vapour.

They shall not be installed in the wheelhouse, accommodation or holds. This requirement shall not apply to accumulators for portable appliances, or to accumulators requiring a charging power of less than 0,2 kW.

2.   Accumulators requiring a charging power of more than 2,0 kW (calculated on the basis of the maximum charging current and the nominal voltage of the accumulator and taking into account the characteristic charging curve of the charging appliance) shall be installed in a special room. If placed on deck enclosing them in a cabinet will suffice.

Accumulators requiring a charging power not exceeding 2,0 kW may be installed in a cabinet or chest not only if placed on deck but also below decks. They may also be installed in an engine room or any other well-ventilated space provided that they are protected against falling objects and dripping water.

3.   The interior surfaces of all rooms, cabinets or boxes, shelving or other built-in features intended for accumulators shall be protected against the harmful effects of electrolytes.

4.   Provision shall be made for effective ventilation when accumulators are installed in a closed compartment, cabinet or chest. Forced-draught ventilation shall be provided for nickel-cadmium accumulators requiring a charging power of more than 2 kW and for lead-acid accumulators requiring more than 3 kW.

The air shall enter at the bottom and be discharged at the top so as to ensure total gas extraction.

Ventilation ducts shall not include any devices which obstruct the air flow, such as stop valves.

5.   The required air throughput (Q) shall be calculated using the following formula:

| | Q = 0,11 · I · n [m3/h] |
| --- | --- |

Q = 0,11 · I · n [m3/h]

3

where:

| I | = | of the maximum current, in A, provided by the charging device; |
| --- | --- | --- |
| n | = | the number of cells. |

I

=

Formula of the maximum current, in A, provided by the charging device;

n

=

the number of cells.

In the case of buffer accumulators within the onboard network other methods of calculation taking into account the characteristic charging curve of the charging device may be accepted by the inspection body, provided that these methods are based on the provisions of approved classification societies or on relevant standards.

6.   Where natural ventilation is used the cross-section of the ducts shall be sufficient for the required air throughput on the basis of an air-flow velocity of 0,5 m/sec. However, the cross-section shall be at least 80 cm2 for lead-acid accumulators and 120 cm2 for nickel-cadmium accumulators.

2

2

7.   Where forced-draught ventilation is used a fan shall be provided — preferably of the suction type — whose motor shall be clear of the gas or air stream.

Fans shall be so designed as to preclude the generation of sparks through contact between a blade and the fan casing and to avoid any electrostatic charges.

8.   ‘Fire, naked flame and smoking prohibited’ signs according to Fig. 2 of Appendix I having a minimum diameter of 10 cm shall be affixed to the doors or covers of compartments, cabinets and chests containing accumulators.

Article 9.12

Switchgear installations

1.   Electrical switchboards

| (a) | Appliances, switches, fuses and switchboard instruments shall be clearly arranged and shall be accessible for maintenance and repair.
  Terminals for voltages up to 50 V, and those for voltages higher than 50 V, shall be kept separate and marked appropriately. |
| --- | --- |

(a)

Appliances, switches, fuses and switchboard instruments shall be clearly arranged and shall be accessible for maintenance and repair.

Terminals for voltages up to 50 V, and those for voltages higher than 50 V, shall be kept separate and marked appropriately.

| (b) | For all switches and appliances marker plates identifying the circuit shall be affixed to the switchboards.
  The nominal amperage and the circuit for fuses shall be identified. |
| --- | --- |

(b)

For all switches and appliances marker plates identifying the circuit shall be affixed to the switchboards.

The nominal amperage and the circuit for fuses shall be identified.

| (c) | When appliances with an operating voltage greater than 50 V are installed behind doors the live components of those appliances shall be protected against accidental contact while the doors are open. |
| --- | --- |

(c)

When appliances with an operating voltage greater than 50 V are installed behind doors the live components of those appliances shall be protected against accidental contact while the doors are open.

| (d) | The materials of switchboards shall have suitable mechanical strength and be durable, flame-retardant and self-extinguishing; they shall not be hygroscopic. |
| --- | --- |

(d)

The materials of switchboards shall have suitable mechanical strength and be durable, flame-retardant and self-extinguishing; they shall not be hygroscopic.

| (e) | If high rupture capacity (HRC)-fuses are installed in electrical switchboards, accessories and personal protective equipment shall be available for installing and removing such fuses. |
| --- | --- |

(e)

If high rupture capacity (HRC)-fuses are installed in electrical switchboards, accessories and personal protective equipment shall be available for installing and removing such fuses.

2.   Switches, protective devices

| (a) | Generator circuits and power consumer circuits shall be protected against short circuiting and overload on all non-earthed conductors. Switching devices triggered by short-circuiting and overload or fuses may be used for this purpose.
  Circuits supplying electric motors of drive units (steering system) and their control circuits shall only be protected against short circuiting. Where circuits include thermal circuit-breakers these shall be neutralised or set at not less than twice the nominal amperage. |
| --- | --- |

(a)

Generator circuits and power consumer circuits shall be protected against short circuiting and overload on all non-earthed conductors. Switching devices triggered by short-circuiting and overload or fuses may be used for this purpose.

Circuits supplying electric motors of drive units (steering system) and their control circuits shall only be protected against short circuiting. Where circuits include thermal circuit-breakers these shall be neutralised or set at not less than twice the nominal amperage.

| (b) | Outputs from the main switchboard to power consumers operating at more than 16 A shall include a load or power switch. |
| --- | --- |

(b)

Outputs from the main switchboard to power consumers operating at more than 16 A shall include a load or power switch.

| (c) | Power consumers for the propulsion of the craft, the steering system, the rudder position indicator, navigation or safety systems, and power consumers with a nominal amperage greater than 16 A shall be supplied by separate circuits. |
| --- | --- |

(c)

Power consumers for the propulsion of the craft, the steering system, the rudder position indicator, navigation or safety systems, and power consumers with a nominal amperage greater than 16 A shall be supplied by separate circuits.

| (d) | The circuits of power consumers required for propelling and manoeuvring the vessel shall be supplied directly by the main switchboard. |
| --- | --- |

(d)

The circuits of power consumers required for propelling and manoeuvring the vessel shall be supplied directly by the main switchboard.

| (e) | Circuit-breaking equipment shall be selected on the basis of nominal amperage, thermal or dynamic strength, and breaking capacity. Switches shall simultaneously cut off all live conductors. The switching position shall be identifiable. |
| --- | --- |

(e)

Circuit-breaking equipment shall be selected on the basis of nominal amperage, thermal or dynamic strength, and breaking capacity. Switches shall simultaneously cut off all live conductors. The switching position shall be identifiable.

| (f) | Fuses shall be of the enclosed-melt type and be made of ceramic or an equivalent material. It shall be possible to change them without any danger of physical contact for the operator. |
| --- | --- |

(f)

Fuses shall be of the enclosed-melt type and be made of ceramic or an equivalent material. It shall be possible to change them without any danger of physical contact for the operator.

3.   Measuring and monitoring devices

| (a) | Generator, accumulator and distribution circuits shall be equipped with measuring and monitoring devices where the safe operation of the installation so requires. |
| --- | --- |

(a)

Generator, accumulator and distribution circuits shall be equipped with measuring and monitoring devices where the safe operation of the installation so requires.

| (b) | Non-earthed networks with a voltage of more than 50 V shall be equipped with an earthing detection device capable of giving both visual and audible alarm. In secondary installations such as control circuits, this device may be dispensed with. |
| --- | --- |

(b)

Non-earthed networks with a voltage of more than 50 V shall be equipped with an earthing detection device capable of giving both visual and audible alarm. In secondary installations such as control circuits, this device may be dispensed with.

4.   Location of electrical switchboards

| (a) | Switchboards shall be located in accessible and well-ventilated spaces and be protected against water and mechanical damage.
  Piping and air ducts shall be so arranged that in the event of leakage the switchboards cannot be damaged. If their installation near electrical switchboards is inevitable, pipes shall not have detachable connections nearby. |
| --- | --- |

(a)

Switchboards shall be located in accessible and well-ventilated spaces and be protected against water and mechanical damage.

Piping and air ducts shall be so arranged that in the event of leakage the switchboards cannot be damaged. If their installation near electrical switchboards is inevitable, pipes shall not have detachable connections nearby.

| (b) | Cabinets and wall recesses in which unprotected switching devices are installed shall be of a flame-retardant material or be protected by a metal or other flame-retardant sheathing. |
| --- | --- |

(b)

Cabinets and wall recesses in which unprotected switching devices are installed shall be of a flame-retardant material or be protected by a metal or other flame-retardant sheathing.

| (c) | When the voltage is greater than 50 V, insulating gratings or mats shall be placed at the operator's position in front of the main switchboard. |
| --- | --- |

(c)

When the voltage is greater than 50 V, insulating gratings or mats shall be placed at the operator's position in front of the main switchboard.

Article 9.13

Emergency circuit breakers

Emergency circuit breakers for oil burners, fuel pumps, fuel separators and engine-room ventilators shall be installed centrally outside the spaces containing the equipment.

Article 9.14

Installation fittings

1.   Cable entries shall be sized as a function of the cables to be connected and be appropriate to the types of cable used.

2.   Sockets for distribution circuits at different voltages or frequencies shall be impossible to confuse.

3.   Switches shall simultaneously switch all non-earthed conductors within a circuit. However, single-pole switches within non-earthed circuitry shall be permitted in accommodation-lighting circuits apart from in laundries, bathrooms, washrooms and other rooms with wet facilities.

4.   Where amperage exceeds 16 A it shall be possible to lock the sockets by means of a switch in such a way that the plug can only be inserted and withdrawn with the power switched off.

Article 9.15

Cables

1.   Cables shall be flame-retardant, self-extinguishing and resistant to water and oil.

In accommodation, other types of cable may be used, provided that they are effectively protected, have flame-retardant characteristics and are self-extinguishing.

Flame-retardant standards of electric cables shall be in accordance with:

| (a) | IEC publications 60332-1:1993, 60332-3:2000, or |
| --- | --- |

(a)

IEC publications 60332-1:1993, 60332-3:2000, or

| (b) | equivalent regulations recognised by one of the Member States. |
| --- | --- |

(b)

equivalent regulations recognised by one of the Member States.

2.   Conductors of cables used for power and lighting circuits shall have a minimum cross-section of 1,5 mm2.

2

3.   Metal armouring, shielding and sheathing of cables shall not, under normal operating conditions, be used as conductors or for earthing.

4.   Metal shielding and sheathing of cables in power and lighting installations shall be earthed at least at one end.

5.   The cross-section of conductors shall take account of their maximum permissible end-temperature (current-carrying capacity) and of the permissible voltage drop. The voltage drop between the main switchboard and the least favourable point of the installation shall not be more than 5 % for lighting or more than 7 % for power or heating circuits, referred to the nominal voltage.

6.   Cables shall be protected against mechanical damage.

7.   The means of fixing the cables shall ensure that any pulling load remains within the permissible limits.

8.   When cables pass through bulkheads or decks, the mechanical strength, watertightness and fire resistance of these bulkheads and decks shall not be affected by the penetrations.

9.   Terminations and joints in all conductors shall be so made as to retain the original electrical, mechanical, flame-retardant and, where necessary, fire resistant properties.

10.   Cables connected to retractable wheelhouses shall be sufficiently flexible and shall have insulation with sufficient flexibility down to – 20 °C and resistance to steam and vapour, ultraviolet rays and ozone.

Article 9.16

Lighting installations

1.   Lighting appliances shall be so installed that the heat they emit cannot set fire to nearby inflammable objects or components.

2.   Lighting appliances on open decks shall be so installed as not to impede the recognition of navigation lights.

3.   When two or more lighting appliances are installed in an engine room or boiler room, they shall be supplied by at least two different circuits. This requirement shall also apply to spaces where cooling machinery, hydraulic machinery, or electric motors are installed.

Article 9.17

Navigation lights

1.   Switchboards for navigation lights shall be installed in the wheelhouse. They shall be supplied by a separate feeder from the main switchboard or by two independent secondary distributions.

2.   Navigation lights shall be supplied, protected and switched separately from the navigation lights switchboard.

3.   No fault in the monitoring installation, as provided for in Article 7.05, section 2, shall affect the operation of the light which it monitors.

4.   Several lights forming a functional unit and installed together at the same point may be jointly supplied, switched and monitored. The monitoring installation shall be capable of identifying the failure of any one of these lights. However, it shall not be possible to use both light sources in a double light (two lights mounted one above the other or in the same housing) simultaneously.

Article 9.18

(Left void)

Article 9.19

Alarm and safety systems for mechanical equipment

The alarm and safety systems for monitoring and protecting mechanical equipment shall meet the following requirements:

| (a) | Alarm systems
  The alarm systems shall be so designed that no failure in the alarm system can result in failure of the apparatus or installation being monitored.
  Binary transmitters shall be designed on the quiescent-current principle or on the monitored load-current principle.
  Visual alarms shall remain visible until the fault has been remedied; an alarm that has been acknowledged shall be distinguishable from an alarm that has not yet been acknowledged. Each alarm shall also comprise an audible warning. It shall be possible to switch off acoustic alarms. Switching off one acoustic alarm shall not prevent another signal from being set off by another cause.
  Exceptions can be permitted in the case of alarm systems comprising less than five measurement points. |
| --- | --- |

(a)

Alarm systems

The alarm systems shall be so designed that no failure in the alarm system can result in failure of the apparatus or installation being monitored.

Binary transmitters shall be designed on the quiescent-current principle or on the monitored load-current principle.

Visual alarms shall remain visible until the fault has been remedied; an alarm that has been acknowledged shall be distinguishable from an alarm that has not yet been acknowledged. Each alarm shall also comprise an audible warning. It shall be possible to switch off acoustic alarms. Switching off one acoustic alarm shall not prevent another signal from being set off by another cause.

Exceptions can be permitted in the case of alarm systems comprising less than five measurement points.

| (b) | Safety systems
  Safety systems shall be designed to halt or slow down the operation of the affected equipment, or to warn a permanently-manned station to do so before a critical state is reached.
  Binary transmitters shall be designed according to the load-current principle.
  If safety systems are not designed to be self-monitoring it shall be possible to check that they are operating correctly.
  Safety systems shall be independent of other systems. |
| --- | --- |

(b)

Safety systems

Safety systems shall be designed to halt or slow down the operation of the affected equipment, or to warn a permanently-manned station to do so before a critical state is reached.

Binary transmitters shall be designed according to the load-current principle.

If safety systems are not designed to be self-monitoring it shall be possible to check that they are operating correctly.

Safety systems shall be independent of other systems.

Article 9.20

Electronic equipment

1.   General

The test conditions in section 2 below shall apply only to electronic devices that are necessary for the steering system and the craft's power plants, including their ancillaries.

2.   Test conditions

| (a) | The stresses arising from the following tests shall not cause electronic devices to be damaged or to malfunction. The tests in accordance with relevant international standards, such as IEC publication 60092-504:2001, apart from the cold-condition test, shall be carried out with the device switched on. These tests shall include checking of proper operation. |
| --- | --- |

(a)

The stresses arising from the following tests shall not cause electronic devices to be damaged or to malfunction. The tests in accordance with relevant international standards, such as IEC publication 60092-504:2001, apart from the cold-condition test, shall be carried out with the device switched on. These tests shall include checking of proper operation.

| (b) | Variations in voltage and frequency | Variations |
| --- | --- | --- |
| continuous | short-duration |
| General | frequency | ± 5 % | ± 10 % 5 s |
| voltage | ± 10 % | ± 20 % 1,5 s |
| Battery operation | Voltage | + 30 %/– 25 % | — |

(b)

Variations in voltage and frequency

Variations

continuous

short-duration

General

frequency

± 5 %

± 10 % 5 s

voltage

± 10 %

± 20 % 1,5 s

Battery operation

Voltage

- 30 %/– 25 %

—

| (c) | Heating test
  The sample is brought up to a temperature of 55 °C within a half-hour period. After that temperature has been reached it is maintained for 16 hours. An operating test is then carried out. |
| --- | --- |

(c)

Heating test

The sample is brought up to a temperature of 55 °C within a half-hour period. After that temperature has been reached it is maintained for 16 hours. An operating test is then carried out.

| (d) | Cold-condition test
  The sample is switched off and cooled to – 25 °C and held at that temperature for two hours. The temperature is then raised to 0 °C and an operating test is carried out. |
| --- | --- |

(d)

Cold-condition test

The sample is switched off and cooled to – 25 °C and held at that temperature for two hours. The temperature is then raised to 0 °C and an operating test is carried out.

| (e) | Vibration test
  The vibration test shall be carried out along the three axes at the resonance frequency of the devices or of components for the period of 90 minutes in each case. If no clear resonance emerges the vibration test shall be carried out at 30 Hz.
  The vibration test shall be carried out by sinusoidal oscillation within the following limits:
  General:
  f = 2,0 to 13,2 Hz; a = ± 1 mm
  (amplitude a = the vibration width)
  f = 13,2 Hz to 100 Hz: acceleration ± 0,7 g.
  Equipment intended to be fitted to diesel engines or steering apparatus shall be tested as follows:
  f = 2,0 to 25 Hz; a = ± 1,6 mm
  (amplitude a = the vibration width)
  f = 25 Hz to 100 Hz; acceleration ± 4 g.
  The sensors intended to be installed in diesel-engine exhaust pipes may be exposed to considerably higher stresses. Account shall be taken of this during the tests. |
| --- | --- |

(e)

Vibration test

The vibration test shall be carried out along the three axes at the resonance frequency of the devices or of components for the period of 90 minutes in each case. If no clear resonance emerges the vibration test shall be carried out at 30 Hz.

The vibration test shall be carried out by sinusoidal oscillation within the following limits:

General:

f = 2,0 to 13,2 Hz; a = ± 1 mm

(amplitude a = Formula the vibration width)

f = 13,2 Hz to 100 Hz: acceleration ± 0,7 g.

Equipment intended to be fitted to diesel engines or steering apparatus shall be tested as follows:

f = 2,0 to 25 Hz; a = ± 1,6 mm

(amplitude a = Formula the vibration width)

f = 25 Hz to 100 Hz; acceleration ± 4 g.

The sensors intended to be installed in diesel-engine exhaust pipes may be exposed to considerably higher stresses. Account shall be taken of this during the tests.

| (f) | The electromagnetic compatibility test shall be carried out on the basis of IEC publications 61000-4-2:1995, 61000-4-3:2002, 61000-4-4:1995, at test degree number 3. |
| --- | --- |

(f)

The electromagnetic compatibility test shall be carried out on the basis of IEC publications 61000-4-2:1995, 61000-4-3:2002, 61000-4-4:1995, at test degree number 3.

| (g) | Proof that the electronic equipment is adequate for these test conditions shall be provided by their manufacturer. A certificate by an approved classification society shall likewise be considered to be proof. |
| --- | --- |

(g)

Proof that the electronic equipment is adequate for these test conditions shall be provided by their manufacturer. A certificate by an approved classification society shall likewise be considered to be proof.

Article 9.21

Electromagnetic compatibility

The operation of the electric and electronic systems shall not be impaired by electromagnetic interference. General measures shall, with equal importance, extend to:

| (a) | disconnection of the transmission paths between the source of interference and affected devices; |
| --- | --- |

(a)

disconnection of the transmission paths between the source of interference and affected devices;

| (b) | reducing the causes of disturbance at their source; |
| --- | --- |

(b)

reducing the causes of disturbance at their source;

| (c) | reducing the sensitivity of affected devices to interference. |
| --- | --- |

(c)

reducing the sensitivity of affected devices to interference.

CHAPTER 10

EQUIPMENT

Article 10.01

Anchor equipment

1.   Vessels intended for the carriage of goods, apart from ship-borne lighters whose length L does not exceed 40 m, shall be equipped with bow anchors whose total mass P is obtained using the following formula:

| | P = k · B · T [kg] |
| --- | --- |

P = k · B · T [kg]

where

| k | is a coefficient that takes account of the relationship between length L and beam B, and of the type of vessel:

  for lighters, however, k = c will be taken; |
| --- | --- |

k

is a coefficient that takes account of the relationship between length L and beam B, and of the type of vessel:

for lighters, however, k = c will be taken;

| c | is an empirical coefficient given in the following table:






  Dead weight tonnage in t | Coefficient c |
| --- | --- | --- |
| up to 400 inclusive | 45 |
| from 400 to 650 inclusive | 55 |
| from 650 to 1 000 inclusive | 65 |
| more than 1 000 | 70 |

c

is an empirical coefficient given in the following table:

Dead weight tonnage in t

Coefficient c

up to 400 inclusive

45

from 400 to 650 inclusive

55

from 650 to 1 000 inclusive

65

more than 1 000

70

On vessels whose deadweight tonnage is not greater than 400 t and which, owing to their design and intended purpose, are used only on predetermined short-haul sections, the inspection body may accept that only two-thirds of total mass P is required for the bow anchors.

2.   Passenger vessels and vessels not intended for the carriage of goods, apart from pushers, shall be fitted with bow anchors whose total mass P is obtained using the following formula:

| | P = k · B · T [kg] |
| --- | --- |

P = k · B · T [kg]

where:

| k | is the coefficient corresponding to section 1, but where in order to obtain the value of the empirical coefficient (c) the water displacement in m3 entered in the Community certificate shall be taken instead of the deadweight tonnage. |
| --- | --- |

k

is the coefficient corresponding to section 1, but where in order to obtain the value of the empirical coefficient (c) the water displacement in m3 entered in the Community certificate shall be taken instead of the deadweight tonnage.

3

3.   Vessels referred to in section 1 whose maximum length does not exceed 86 m shall be equipped with stern anchors whose total mass is equal to 25 % of mass P.

Vessels whose maximum length exceeds 86 m shall be equipped with stern anchors whose total mass is equal to 50 % of mass P calculated in accordance with section 1 or section 2.

Stern anchors are not required for:

| (a) | vessels for which the stern anchor mass will be less than 150 kg; in the case of vessels referred to in section 1, final paragraph, the reduced mass of the bow anchors shall be taken into account; |
| --- | --- |

(a)

vessels for which the stern anchor mass will be less than 150 kg; in the case of vessels referred to in section 1, final paragraph, the reduced mass of the bow anchors shall be taken into account;

| (b) | lighters. |
| --- | --- |

(b)

lighters.

4.   Vessels intended to propel rigid convoys which do not exceed 86 m in length shall be equipped with stern anchors whose total mass is equal to 25 % of maximum mass P calculated in accordance with section 1 for the formations (considered to be a nautical unit) permitted and entered in the Community certificate.

Vessels intended to propel rigid convoys which exceed 86 m in length downstream shall be equipped with stern anchors whose total mass is equal to 50 % of the maximum mass P calculated in accordance with section 1 for the formations (considered to be a nautical unit) permitted and entered in the Community certificate.

5.   The anchor masses established in accordance with sections 1 to 4 may be reduced for certain special anchors.

6.   The total mass P specified for bow anchors may be distributed between one or two anchors. It may be reduced by 15 % where the vessel is equipped with only a single bow anchor and the hawse pipe is located amidships.

The total mass required for stern anchors for pushers and vessels whose maximum length exceeds 86 m may be distributed between one or two anchors.

The mass of the lightest anchor shall not be less than 45 % of that total mass.

7.   Cast iron anchors shall not be permitted.

8.   On anchors their mass shall be indicated in characters which stand out in relief in a durable manner.

9.   Anchors having a mass in excess of 50 kg shall be equipped with windlasses.

10.   Each bow anchor chain shall have a minimum length of:

| (a) | 40 m for vessels not exceeding 30 m in length; |
| --- | --- |

(a)

40 m for vessels not exceeding 30 m in length;

| (b) | 10 m longer than the vessel where this is more than 30 m and up to 50 m in length; |
| --- | --- |

(b)

10 m longer than the vessel where this is more than 30 m and up to 50 m in length;

| (c) | 60 m where vessels are more than 50 m in length. |
| --- | --- |

(c)

60 m where vessels are more than 50 m in length.

Each of the stern anchor chains shall be at least 40 m long. However, where vessels need to stop facing downstream they shall have stern anchor chains that are each at least 60 m in length.

11.   The minimum tensile strength R of the anchor chains shall be calculated using the following formulae:

| (a) | anchors having a mass up to 500 kg: R = 0,35 · P' [kN]; |
| --- | --- |

(a)

anchors having a mass up to 500 kg: R = 0,35 · P' [kN];

| (b) | anchors having a mass of more than 500 kg and not exceeding 2 000 kg:

  ; |
| --- | --- |

(b)

anchors having a mass of more than 500 kg and not exceeding 2 000 kg:

Formula;

| (c) | anchors having a mass of more than 2 000 kg: R = 0,25 · P' [kN]. |
| --- | --- |

(c)

anchors having a mass of more than 2 000 kg: R = 0,25 · P' [kN].

where

| P' | is the theoretical mass of each anchor determined in accordance with sections 1 to 4 and 6. |
| --- | --- |

P'

is the theoretical mass of each anchor determined in accordance with sections 1 to 4 and 6.

The tensile strength of anchor chains shall be stated according to a standard in force in a Member State.

Where the anchors have a mass greater than that required by sections 1 to 6, the tensile strength of the anchor chain shall be determined as a function of the actual anchor mass.

12.   In cases where heavier anchors with correspondingly stronger anchor chains are aboard, only the minimum masses and minimum tensile strengths required according to sections 1 to 6 and 11 shall be entered in the Community certificate.

13.   Connecting pieces (swivels) between anchor and chain shall withstand a tensile load 20 % higher than the tensile strength of the corresponding chain.

14.   The use of cables instead of anchor chains is permitted. The cables shall have the same tensile strength as that required for chains, but shall be 20 % longer.

Article 10.02

Other equipment

1.   According to the applicable navigational authority regulations in force in the Member States, at least the following equipment shall be on board:

| (a) | radio-telephone system; |
| --- | --- |

(a)

radio-telephone system;

| (b) | appliances and devices for giving visual and audible signals as well as daytime and night-time vessel marking; |
| --- | --- |

(b)

appliances and devices for giving visual and audible signals as well as daytime and night-time vessel marking;

| (c) | stand-alone back-up lights for the prescribed mooring lights; |
| --- | --- |

(c)

stand-alone back-up lights for the prescribed mooring lights;

| (d) | a fire-proof, marked receptacle, with cover, to receive oily cleaning cloths; |
| --- | --- |

(d)

a fire-proof, marked receptacle, with cover, to receive oily cleaning cloths;

| (e) | a fire-proof, marked receptacle, with cover, to receive hazardous or pollutant solid wastes and a fire-proof, marked receptacle, with cover, to receive hazardous or pollutant liquid wastes according to the relevant applicable navigational authority regulations; |
| --- | --- |

(e)

a fire-proof, marked receptacle, with cover, to receive hazardous or pollutant solid wastes and a fire-proof, marked receptacle, with cover, to receive hazardous or pollutant liquid wastes according to the relevant applicable navigational authority regulations;

| (f) | a fire-proof, marked receptacle, with cover, to receive slops. |
| --- | --- |

(f)

a fire-proof, marked receptacle, with cover, to receive slops.

2.   In addition, the equipment shall include at least:

| (a) | Mooring cables:
  Vessels shall be equipped with three mooring cables. Their minimum lengths shall be at least the following:








  — | : | first cable | : | L + 20 m, but not more than 100 m, |
| --- | --- | --- | --- | --- | --- |
| — | : | second cable | : | 2/3 of the first cable, |
| — | : | third cable | : | 1/3 of the first cable. |

(a)

Mooring cables:

Vessels shall be equipped with three mooring cables. Their minimum lengths shall be at least the following:

—

:

first cable

:

L + 20 m, but not more than 100 m,

—

:

second cable

:

2/3 of the first cable,

—

:

third cable

:

1/3 of the first cable.

The shortest cable is not required on board vessels whose L is less than 20 m.

The cables shall have a tensile strength Rs that is calculated using the following formulae;

s

for L · B · T up to 1 000 m3: Formula;

3

for L · B · T exceeding 1 000 m3: Formula.

3

For the required cables a certificate in accordance with European standard EN 10 204:1991, under No 3.1, shall be on board.

These cables may be replaced by ropes having the same length and tensile strength. The minimum tensile strength of these ropes shall be indicated in a certificate.

| (b) | Towing cables: | Tugs shall be equipped with a number of cables that are suitable for their operation. |
| --- | --- | --- |

(b)

Towing cables:

Tugs shall be equipped with a number of cables that are suitable for their operation.

| | However, the main cable shall be at least 100 m long and have a tensile strength, in kN, not less than one third of the total power, in kW, of the main engine(s). |
| --- | --- |

However, the main cable shall be at least 100 m long and have a tensile strength, in kN, not less than one third of the total power, in kW, of the main engine(s).

| | Motor vessels and pushers that are also able to tow shall be equipped with a towing cable that is at least 100 m long and whose tensile strength, in kN, is not less than one quarter of the total power, in kW, of the main engine(s). |
| --- | --- |

Motor vessels and pushers that are also able to tow shall be equipped with a towing cable that is at least 100 m long and whose tensile strength, in kN, is not less than one quarter of the total power, in kW, of the main engine(s).

| (c) | A heaving line; |
| --- | --- |

(c)

A heaving line;

| (d) | A boarding gangway at least 0,4 m wide and 4 m long whose side edges are defined by a brightly-coloured strip; that gangway shall be equipped with a handrail. The inspection body may permit shorter gangways for small vessels; |
| --- | --- |

(d)

A boarding gangway at least 0,4 m wide and 4 m long whose side edges are defined by a brightly-coloured strip; that gangway shall be equipped with a handrail. The inspection body may permit shorter gangways for small vessels;

| (e) | A gaff hook; |
| --- | --- |

(e)

A gaff hook;

| (f) | An appropriate first-aid kit with a content in accordance with a relevant standard of a Member State. The first-aid kit shall be kept in an accommodation room or in the wheelhouse and be stored in such a way that it is easily and safely accessible if necessary. If first-aid kits are stored under cover, the cover shall be marked by a symbol for first-aid kit according to Fig. 8 of Appendix I, having a side length of at least 10 cm; |
| --- | --- |

(f)

An appropriate first-aid kit with a content in accordance with a relevant standard of a Member State. The first-aid kit shall be kept in an accommodation room or in the wheelhouse and be stored in such a way that it is easily and safely accessible if necessary. If first-aid kits are stored under cover, the cover shall be marked by a symbol for first-aid kit according to Fig. 8 of Appendix I, having a side length of at least 10 cm;

| (g) | A pair of binoculars, 7 × 50 or with larger lens diameter; |
| --- | --- |

(g)

A pair of binoculars, 7 × 50 or with larger lens diameter;

| (h) | A notice concerning the rescue and revival of persons overboard; |
| --- | --- |

(h)

A notice concerning the rescue and revival of persons overboard;

| (i) | A searchlight that can be operated from the wheelhouse. |
| --- | --- |

(i)

A searchlight that can be operated from the wheelhouse.

3.   There shall be an embarkation stairway or ladder on vessels whose side height above the unladen waterline exceeds 1,50 m.

Article 10.03

Portable fire extinguishers

1.   There shall be at least one portable fire extinguisher in accordance with European standard EN 3:1996 at each of the following places:

| (a) | in the wheelhouse; |
| --- | --- |

(a)

in the wheelhouse;

| (b) | close to each entrance from the deck to accommodation spaces; |
| --- | --- |

(b)

close to each entrance from the deck to accommodation spaces;

| (c) | close to each entrance to service spaces which are not accessible from the accommodation spaces and which contain heating, cooking or refrigeration equipment using solid or liquid fuels or liquefied gas; |
| --- | --- |

(c)

close to each entrance to service spaces which are not accessible from the accommodation spaces and which contain heating, cooking or refrigeration equipment using solid or liquid fuels or liquefied gas;

| (d) | at each entrance to engine rooms and boiler rooms; |
| --- | --- |

(d)

at each entrance to engine rooms and boiler rooms;

| (e) | at suitable points below deck in engine rooms and boiler rooms such that no position in the space is more than 10 metres walking distance away from an extinguisher. |
| --- | --- |

(e)

at suitable points below deck in engine rooms and boiler rooms such that no position in the space is more than 10 metres walking distance away from an extinguisher.

2.   For the portable fire extinguishers required by section 1, only powder-type extinguishers with a content of at least 6 kg or other portable fire extinguishers with the same extinguishing capacity may be used. They shall be suitable for Class A, B and C fires and for fires in electrical systems of up to 1 000 V.

3.   In addition powder, water or foam fire extinguishers may be used which are suitable at least for the class of fire most likely to occur in the room for which they are intended.

4.   Portable fire extinguishers with CO2 as the extinguishing agent may be used only for extinguishing fires in galleys and electrical installations. The content of these fire extinguishers shall be no more than 1 kg per 15 m3 of the room in which they are made available for use.

2

3

5.   Portable fire extinguishers shall be checked at least every two years. An inspection certificate shall be issued, signed by the inspector and showing the date of inspection.

6.   If portable fire extinguishers are installed in such a way that they are out of sight the panel covering them shall be identified by a symbol for fire extinguishers as shown in Fig. 3 of Appendix I, and having a side length of at least 10 cm.

Article 10.03a

Permanently installed fire-fighting systems in accommodation spaces, wheelhouses and passenger spaces

1.   Fire protection in accommodation spaces, wheelhouses and passenger spaces is to be provided only by suitable automatic pressurised water sprinklers as permanently installed fire-fighting systems.

2.   Installation or conversion of the systems shall be carried out only by specialised firms.

3.   The systems shall be made of steel or equivalent non-combustible materials.

4.   The systems shall be able to spray water at a rate of at least 5 l/m2 per minute over the area of the largest room to be protected.

2

5.   Systems spraying smaller quantities of water shall have a type-approval pursuant to IMO Resolution A 800(19) or another standard recognised in accordance with the procedure referred to in Article 19(2) of this Directive. Type-approval shall be carried out by an approved classification society or an accredited testing institution. The accredited testing institution shall comply with the European standard for general requirements for the competence of testing and calibrating laboratories (EN ISO/IEC 17025:2000).

6.   The systems shall be checked by an expert:

| (a) | before being put into service; |
| --- | --- |

(a)

before being put into service;

| (b) | before being put back into service after they have been triggered; |
| --- | --- |

(b)

before being put back into service after they have been triggered;

| (c) | after any modification or repair; |
| --- | --- |

(c)

after any modification or repair;

| (d) | regularly at least every two years. |
| --- | --- |

(d)

regularly at least every two years.

7.   When carrying out the check in accordance with section 6, the expert shall verify whether the systems meet the requirements of this section.

The check shall at least include:

| (a) | external inspection of the entire system; |
| --- | --- |

(a)

external inspection of the entire system;

| (b) | functional testing of the safety systems and nozzles; |
| --- | --- |

(b)

functional testing of the safety systems and nozzles;

| (c) | functional testing of the pressure tanks and pumping system. |
| --- | --- |

(c)

functional testing of the pressure tanks and pumping system.

8.   An inspection certificate, signed by the inspector, shall be issued, showing the date of inspection.

9.   The number of installed systems shall be entered in the Community certificate.

10.   For protecting objects in accommodation spaces, wheelhouses and passenger spaces, permanently installed fire-fighting systems shall be permissible only on the basis of recommendations from the Committee.

Article 10.03b

Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms

1.   Extinguishing agents

For protecting engine rooms, boiler rooms and pump rooms, the following extinguishing agents may be used in permanently installed fire-fighting systems:

| (a) | CO2 (carbon dioxide); |
| --- | --- |

(a)

CO2 (carbon dioxide);

2

| (b) | HFC 227ea (heptafluoropropane); |
| --- | --- |

(b)

HFC 227ea (heptafluoropropane);

| (c) | IG-541 (52 % nitrogen, 40 % argon, 8 % carbon dioxide). |
| --- | --- |

(c)

IG-541 (52 % nitrogen, 40 % argon, 8 % carbon dioxide).

Other extinguishing agents shall be permissible only in accordance with the procedure referred to in Article 19(2) of this Directive.

2.   Ventilation, air intake

| (a) | Combustion air for the propulsion engines shall not be extracted from rooms that are to be protected by permanently installed fire-fighting systems. This shall not apply where there are two mutually independent and hermetically separated main engine rooms or if next to the main engine room there is a separate engine room with a bow thruster, ensuring that the vessel is able to make way under its own power in the event of fire in the main engine room. |
| --- | --- |

(a)

Combustion air for the propulsion engines shall not be extracted from rooms that are to be protected by permanently installed fire-fighting systems. This shall not apply where there are two mutually independent and hermetically separated main engine rooms or if next to the main engine room there is a separate engine room with a bow thruster, ensuring that the vessel is able to make way under its own power in the event of fire in the main engine room.

| (b) | Any forced ventilation present in the room to be protected shall switch off automatically if the fire-fighting system is triggered. |
| --- | --- |

(b)

Any forced ventilation present in the room to be protected shall switch off automatically if the fire-fighting system is triggered.

| (c) | There shall be devices available with which all apertures which can allow air to enter or gas to escape from the room to be protected can be quickly closed. It shall be clearly recognisable whether they are open or closed. |
| --- | --- |

(c)

There shall be devices available with which all apertures which can allow air to enter or gas to escape from the room to be protected can be quickly closed. It shall be clearly recognisable whether they are open or closed.

| (d) | The air escaping from relief valves in the compressed-air tanks installed in engine rooms shall be conveyed to the open air. |
| --- | --- |

(d)

The air escaping from relief valves in the compressed-air tanks installed in engine rooms shall be conveyed to the open air.

| (e) | Over- or underpressure resulting from the inflow of extinguishing agent shall not destroy the components of the surrounding partitions of the room to be protected. It shall be possible for the pressure to equalise without danger. |
| --- | --- |

(e)

Over- or underpressure resulting from the inflow of extinguishing agent shall not destroy the components of the surrounding partitions of the room to be protected. It shall be possible for the pressure to equalise without danger.

| (f) | Protected rooms shall have a facility for extracting the extinguishing agent and the combustion gases. Such facilities shall be capable of being operated from positions outside the protected rooms and which would not be made inaccessible by a fire within such spaces. If there are permanently installed extractors, it shall not be possible for these to be switched on while the fire is being extinguished. |
| --- | --- |

(f)

Protected rooms shall have a facility for extracting the extinguishing agent and the combustion gases. Such facilities shall be capable of being operated from positions outside the protected rooms and which would not be made inaccessible by a fire within such spaces. If there are permanently installed extractors, it shall not be possible for these to be switched on while the fire is being extinguished.

3.   Fire alarm system

The room to be protected shall be monitored by means of an appropriate fire alarm system. The alarm shall be noticeable in the wheelhouse, the accommodation spaces and the room to be protected.

4.   Piping system

| (a) | The extinguishing agent shall be conveyed to the room to be protected and distributed there by means of a fixed piping system. Inside the room to be protected the piping and associated fittings shall made of steel. Tank connecting pipes and expansion joints shall be exempt from this provided the materials used have equivalent properties in case of fire. Pipes shall be both internally and externally protected against corrosion. |
| --- | --- |

(a)

The extinguishing agent shall be conveyed to the room to be protected and distributed there by means of a fixed piping system. Inside the room to be protected the piping and associated fittings shall made of steel. Tank connecting pipes and expansion joints shall be exempt from this provided the materials used have equivalent properties in case of fire. Pipes shall be both internally and externally protected against corrosion.

| (b) | Outlet nozzles shall be dimensioned and fitted such that the extinguishing agent is evenly distributed. |
| --- | --- |

(b)

Outlet nozzles shall be dimensioned and fitted such that the extinguishing agent is evenly distributed.

5.   Triggering device

| (a) | Fire-fighting systems with automatic triggering shall not be permissible. |
| --- | --- |

(a)

Fire-fighting systems with automatic triggering shall not be permissible.

| (b) | It shall be possible to trigger the fire-fighting system from a suitable place outside the room to be protected. |
| --- | --- |

(b)

It shall be possible to trigger the fire-fighting system from a suitable place outside the room to be protected.

| (c) | Triggering devices shall be installed in such a way that they can be operated even in case of a fire and in the event of damage by fire or explosion in the room to be protected the necessary quantity of extinguishing agent can still be conveyed.
  Non-mechanical triggering devices shall be powered from two different mutually independent energy sources. These energy sources shall be located outside the room to be protected. Control lines in the room to be protected shall be designed so as to remain functional for at least 30 minutes in the event of fire. This requirement shall be fulfilled in the case of electric wiring if it complies with the standard IEC 60331-21:1999.
  If triggering devices are installed in such a way that they are out of sight the panel covering them shall be identified by the ‘fire-fighting installation’ symbol as shown in Fig. 6 of Appendix I, having a side length of at least 10 cm, and the following text in red lettering on a white background:
  ‘Feuerlöscheinrichtung
  Installation dextinction
  Brandblusinstallatie
  Fire-fighting installation’. |
| --- | --- |

(c)

Triggering devices shall be installed in such a way that they can be operated even in case of a fire and in the event of damage by fire or explosion in the room to be protected the necessary quantity of extinguishing agent can still be conveyed.

Non-mechanical triggering devices shall be powered from two different mutually independent energy sources. These energy sources shall be located outside the room to be protected. Control lines in the room to be protected shall be designed so as to remain functional for at least 30 minutes in the event of fire. This requirement shall be fulfilled in the case of electric wiring if it complies with the standard IEC 60331-21:1999.

If triggering devices are installed in such a way that they are out of sight the panel covering them shall be identified by the ‘fire-fighting installation’ symbol as shown in Fig. 6 of Appendix I, having a side length of at least 10 cm, and the following text in red lettering on a white background:

‘Feuerlöscheinrichtung

Installation dextinction

Brandblusinstallatie

Fire-fighting installation’.

| (d) | If the fire-fighting system is intended for the protection of several rooms, the triggering devices for each room have to be separate and clearly identified. |
| --- | --- |

(d)

If the fire-fighting system is intended for the protection of several rooms, the triggering devices for each room have to be separate and clearly identified.

| (e) | Next to each triggering device operating instructions in one of the languages of the Member States shall be posted up visibly and indelibly. They shall contain, in particular, instructions regarding:






  (aa) | triggering of the fire-fighting system; |
| --- | --- | --- |

(e)

Next to each triggering device operating instructions in one of the languages of the Member States shall be posted up visibly and indelibly. They shall contain, in particular, instructions regarding:

(aa)

triggering of the fire-fighting system;

| (bb) | the need for checking to ensure that all persons have left the room to be protected; |
| --- | --- |

(bb)

the need for checking to ensure that all persons have left the room to be protected;

| (cc) | action to be taken by the crew when the fire-fighting system is triggered; |
| --- | --- |

(cc)

action to be taken by the crew when the fire-fighting system is triggered;

| (dd) | action to be taken by the crew in the case of failure of the fire-fighting system. |
| --- | --- |

(dd)

action to be taken by the crew in the case of failure of the fire-fighting system.

| (f) | The operating instructions shall point out that before the fire-fighting system is triggered combustion engines drawing air from the room to be protected are to be shut down. |
| --- | --- |

(f)

The operating instructions shall point out that before the fire-fighting system is triggered combustion engines drawing air from the room to be protected are to be shut down.

6.   Warning system

| (a) | Permanently installed fire-fighting systems shall be provided with acoustic and optical warning systems. |
| --- | --- |

(a)

Permanently installed fire-fighting systems shall be provided with acoustic and optical warning systems.

| (b) | The warning system shall be set off automatically as soon as the fire-fighting system is first triggered. The warning signal shall sound for an appropriate time before the extinguishing agent is released and it shall not be possible to switch it off. |
| --- | --- |

(b)

The warning system shall be set off automatically as soon as the fire-fighting system is first triggered. The warning signal shall sound for an appropriate time before the extinguishing agent is released and it shall not be possible to switch it off.

| (c) | Warning signals shall be clearly visible in the rooms to be protected and outside the accesses to them and clearly audible even under operating conditions producing the loudest inherent noise. They shall be clearly distinct from all other acoustic and optical signals in the room to be protected. |
| --- | --- |

(c)

Warning signals shall be clearly visible in the rooms to be protected and outside the accesses to them and clearly audible even under operating conditions producing the loudest inherent noise. They shall be clearly distinct from all other acoustic and optical signals in the room to be protected.

| (d) | The acoustic warning signals shall be clearly audible in the adjacent rooms even when connecting doors are closed and under operating conditions producing the loudest inherent noise. |
| --- | --- |

(d)

The acoustic warning signals shall be clearly audible in the adjacent rooms even when connecting doors are closed and under operating conditions producing the loudest inherent noise.

| (e) | If the warning system is not self-monitoring as regards short-circuits, wire breaks and voltage drops, it shall be possible to check that it is working properly. |
| --- | --- |

(e)

If the warning system is not self-monitoring as regards short-circuits, wire breaks and voltage drops, it shall be possible to check that it is working properly.

| (f) | At every entrance to a room that can be supplied with extinguishing agent, a clearly visible notice shall be put up bearing the following text in red lettering on a white background:
  ‘Vorsicht, Feuerlöscheinrichtung!
  Bei Ertönen des Warnsignals (Beschreibung des Signals) den Raum sofort verlassen!
  Attention, installation d'extinction d'incendie
  Quitter immédiatement ce local au signal (description du signal)!
  Let op, brandblusinstallatie!
  Bij het in werking treden van het alarmsignaal (omschrijving van het signaal) deze ruimte onmiddellijk verlaten!
  Warning, fire-fighting installation!
  Leave the room as soon as the warning signal sounds (description of signal)’ |
| --- | --- |

(f)

At every entrance to a room that can be supplied with extinguishing agent, a clearly visible notice shall be put up bearing the following text in red lettering on a white background:

‘Vorsicht, Feuerlöscheinrichtung!

Bei Ertönen des Warnsignals (Beschreibung des Signals) den Raum sofort verlassen!

Attention, installation d'extinction d'incendie

Quitter immédiatement ce local au signal (description du signal)!

Let op, brandblusinstallatie!

Bij het in werking treden van het alarmsignaal (omschrijving van het signaal) deze ruimte onmiddellijk verlaten!

Warning, fire-fighting installation!

Leave the room as soon as the warning signal sounds (description of signal)’

7.   Pressure tanks, fittings and pressure pipes

| (a) | Pressure tanks, fittings and pressure pipes shall comply with the provisions in force in one of the Member States. |
| --- | --- |

(a)

Pressure tanks, fittings and pressure pipes shall comply with the provisions in force in one of the Member States.

| (b) | Pressure tanks shall be installed in accordance with the manufacturer's instructions. |
| --- | --- |

(b)

Pressure tanks shall be installed in accordance with the manufacturer's instructions.

| (c) | Pressure tanks, fittings and pressure pipes are not to be installed in accommodation spaces. |
| --- | --- |

(c)

Pressure tanks, fittings and pressure pipes are not to be installed in accommodation spaces.

| (d) | The temperature in cabinets and installation spaces containing pressure tanks shall not exceed 50 °C. |
| --- | --- |

(d)

The temperature in cabinets and installation spaces containing pressure tanks shall not exceed 50 °C.

| (e) | Cabinets or installation spaces on deck shall be firmly fixed in place and have air vents which are to be arranged in such a way that in the event of a leak in the pressure tank no gas can escape into the interior of the vessel. Direct connections to other rooms are not permitted. |
| --- | --- |

(e)

Cabinets or installation spaces on deck shall be firmly fixed in place and have air vents which are to be arranged in such a way that in the event of a leak in the pressure tank no gas can escape into the interior of the vessel. Direct connections to other rooms are not permitted.

8.   Quantity of extinguishing agent

If the quantity of extinguishing agent is intended for protecting more than one room, the total amount of extinguishing agent available does not need to be greater than the quantity necessary for the largest room to be protected.

9.   Installation, inspection and documentation

| (a) | The system shall be installed or converted only by a firm specialising in fire-fighting systems. The requirements specified by the extinguishing agent manufacturer and the system manufacturer (product data sheet, safety data sheet) are to be complied with. |
| --- | --- |

(a)

The system shall be installed or converted only by a firm specialising in fire-fighting systems. The requirements specified by the extinguishing agent manufacturer and the system manufacturer (product data sheet, safety data sheet) are to be complied with.

| (b) | The system shall be checked by an expert:






  (aa) | before being put into service; |
| --- | --- | --- |

(b)

The system shall be checked by an expert:

(aa)

before being put into service;

| (bb) | before being put back into service after it has been triggered; |
| --- | --- |

(bb)

before being put back into service after it has been triggered;

| (cc) | after any modification or repair; |
| --- | --- |

(cc)

after any modification or repair;

| (dd) | regularly at least every two years. |
| --- | --- |

(dd)

regularly at least every two years.

| (c) | In the inspection the expert shall check whether the system meets the requirements of this chapter. |
| --- | --- |

(c)

In the inspection the expert shall check whether the system meets the requirements of this chapter.

| (d) | The inspection shall cover at least the following:






  (aa) | external inspection of the entire installation; |
| --- | --- | --- |

(d)

The inspection shall cover at least the following:

(aa)

external inspection of the entire installation;

| (bb) | tightness check on pipes; |
| --- | --- |

(bb)

tightness check on pipes;

| (cc) | functional checking of control and triggering systems; |
| --- | --- |

(cc)

functional checking of control and triggering systems;

| (dd) | checking of tank pressure and content; |
| --- | --- |

(dd)

checking of tank pressure and content;

| (ee) | checking of tightness and facilities for locking the room to be protected; |
| --- | --- |

(ee)

checking of tightness and facilities for locking the room to be protected;

| (ff) | checking the fire alarm system; |
| --- | --- |

(ff)

checking the fire alarm system;

| (gg) | checking the warning system. |
| --- | --- |

(gg)

checking the warning system.

| (e) | An inspection certificate shall be issued, signed by the inspector and showing the date of the inspection. |
| --- | --- |

(e)

An inspection certificate shall be issued, signed by the inspector and showing the date of the inspection.

| (f) | The number of permanently installed fire-fighting systems shall be entered in the Community certificate. |
| --- | --- |

(f)

The number of permanently installed fire-fighting systems shall be entered in the Community certificate.

10.   CO2-fire-fighting systems

2

Fire-fighting systems using CO2 as the extinguishing agent shall comply with the following provisions in addition to the requirements under sections 1 to 9:

2

| (a) | CO2 containers shall be housed outside the room to be protected in a space or cabinet hermetically separated from other rooms. The doors to these installation spaces and cabinets shall open outwards, be lockable and bear on the outside a symbol for ‘General danger warning’ in accordance with Fig. 4 of Appendix I, at least 5 cm in height, together with the marking ‘CO2’ in the same colour and with the same height. |
| --- | --- |

(a)

CO2 containers shall be housed outside the room to be protected in a space or cabinet hermetically separated from other rooms. The doors to these installation spaces and cabinets shall open outwards, be lockable and bear on the outside a symbol for ‘General danger warning’ in accordance with Fig. 4 of Appendix I, at least 5 cm in height, together with the marking ‘CO2’ in the same colour and with the same height.

2

2

| (b) | Installation spaces below decks for CO2 containers shall be accessible only from the open air. These spaces shall have their own adequate artificial ventilation system with extraction ducts, completely separate from other ventilation systems on board. |
| --- | --- |

(b)

Installation spaces below decks for CO2 containers shall be accessible only from the open air. These spaces shall have their own adequate artificial ventilation system with extraction ducts, completely separate from other ventilation systems on board.

2

| (c) | The CO2 containers shall not be filled to more than 0,75 kg/l. The specific volume of unpressurised CO2 gas is to be taken as 0,56 m3/kg. |
| --- | --- |

(c)

The CO2 containers shall not be filled to more than 0,75 kg/l. The specific volume of unpressurised CO2 gas is to be taken as 0,56 m3/kg.

2

2

3

| (d) | The volume of CO2 for the room to be protected shall be at least 40 % of its gross volume. It shall be possible to supply this volume within 120 seconds, and to check whether supply has been completed. |
| --- | --- |

(d)

The volume of CO2 for the room to be protected shall be at least 40 % of its gross volume. It shall be possible to supply this volume within 120 seconds, and to check whether supply has been completed.

2

| (e) | Opening the container valves and operating the flood valve shall be separate control operations. |
| --- | --- |

(e)

Opening the container valves and operating the flood valve shall be separate control operations.

| (f) | The appropriate time mentioned under section 6(b) shall be at least 20 seconds. There shall be a reliable device to ensure the delay before delivery of the CO2 gas. |
| --- | --- |

(f)

The appropriate time mentioned under section 6(b) shall be at least 20 seconds. There shall be a reliable device to ensure the delay before delivery of the CO2 gas.

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11.   HFC-227ea — fire-fighting systems

Fire-fighting systems using HFC-227ea as the extinguishing agent shall comply with the following provisions in addition to the requirements under sections 1 to 9:

| (a) | If there are several rooms to be protected, each with a different gross volume, each room shall be provided with its own fire-fighting system. |
| --- | --- |

(a)

If there are several rooms to be protected, each with a different gross volume, each room shall be provided with its own fire-fighting system.

| (b) | Each container of HFC-227ea that is installed in the room to be protected shall be equipped with an overpressure relief valve. This shall harmlessly release the contents of the container into the room to be protected if the container is exposed to the effects of fire and the fire-fighting system has not been triggered. |
| --- | --- |

(b)

Each container of HFC-227ea that is installed in the room to be protected shall be equipped with an overpressure relief valve. This shall harmlessly release the contents of the container into the room to be protected if the container is exposed to the effects of fire and the fire-fighting system has not been triggered.

| (c) | Each container shall be fitted with a device for checking the gas pressure. |
| --- | --- |

(c)

Each container shall be fitted with a device for checking the gas pressure.

| (d) | The containers shall not be filled to more than 1,15 kg/l. The specific volume of the unpressurised HFC-227ea is to be taken as 0,1374 m3/kg. |
| --- | --- |

(d)

The containers shall not be filled to more than 1,15 kg/l. The specific volume of the unpressurised HFC-227ea is to be taken as 0,1374 m3/kg.

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| (e) | The volume of HFC-227ea for the room to be protected shall be at least 8 % of the room's gross volume. This volume shall be supplied within 10 seconds. |
| --- | --- |

(e)

The volume of HFC-227ea for the room to be protected shall be at least 8 % of the room's gross volume. This volume shall be supplied within 10 seconds.

| (f) | The HFC-227ea containers shall be provided with a pressure monitor which triggers an acoustic and optical alarm signal in the wheelhouse in the event of an unauthorised loss of propellant. If there is no wheelhouse, this alarm signal shall be given outside the room to be protected. |
| --- | --- |

(f)

The HFC-227ea containers shall be provided with a pressure monitor which triggers an acoustic and optical alarm signal in the wheelhouse in the event of an unauthorised loss of propellant. If there is no wheelhouse, this alarm signal shall be given outside the room to be protected.

| (g) | After flooding, the concentration in the room to be protected shall not exceed 10,5 %. |
| --- | --- |

(g)

After flooding, the concentration in the room to be protected shall not exceed 10,5 %.

| (h) | The fire-fighting system shall not contain any parts made of aluminium. |
| --- | --- |

(h)

The fire-fighting system shall not contain any parts made of aluminium.

12.   IG-541 — fire-fighting systems

Fire-fighting systems using IG-541 as the extinguishing agent shall comply with the following provisions in addition to the requirements under sections 1 to 9:

| (a) | If there are several rooms to be protected, each with a different gross volume, each room shall be provided with its own fire-fighting system. |
| --- | --- |

(a)

If there are several rooms to be protected, each with a different gross volume, each room shall be provided with its own fire-fighting system.

| (b) | Each container of IG-541 that is installed in the room to be protected shall be equipped with an overpressure relief valve. This shall harmlessly release the contents of the container into the room to be protected if the container is exposed to the effects of fire and the fire-fighting system has not been triggered. |
| --- | --- |

(b)

Each container of IG-541 that is installed in the room to be protected shall be equipped with an overpressure relief valve. This shall harmlessly release the contents of the container into the room to be protected if the container is exposed to the effects of fire and the fire-fighting system has not been triggered.

| (c) | Each container shall be fitted with a device for checking the contents. |
| --- | --- |

(c)

Each container shall be fitted with a device for checking the contents.

| (d) | The filling pressure of the container shall not exceed 200 bar at + 15 °C. |
| --- | --- |

(d)

The filling pressure of the container shall not exceed 200 bar at + 15 °C.

| (e) | The volume of IG-541 for the room to be protected shall be at least 44 % and no more than 50 % of the room's gross volume. This volume shall be supplied within 120 seconds. |
| --- | --- |

(e)

The volume of IG-541 for the room to be protected shall be at least 44 % and no more than 50 % of the room's gross volume. This volume shall be supplied within 120 seconds.

13.   Fire-fighting systems for protecting objects

For protecting objects in engine rooms, boiler rooms and pump rooms, permanently installed fire-fighting systems shall be permissible only on the basis of recommendations from the Committee.

Article 10.04

Ship's boats

1.   The following craft shall carry a ship's boat according to European standard EN 1914:1997:

| (a) | motor vessels and barges exceeding 150 t deadweight; |
| --- | --- |

(a)

motor vessels and barges exceeding 150 t deadweight;

| (b) | tugs and pushers with a water displacement of more than 150 m3; |
| --- | --- |

(b)

tugs and pushers with a water displacement of more than 150 m3;

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| (c) | floating equipment; |
| --- | --- |

(c)

floating equipment;

| (d) | passenger vessels. |
| --- | --- |

(d)

passenger vessels.

2.   It shall be possible for one person to launch such ship's boats safely within 5 minutes from the first manual action necessary. If a powered launching device is used this shall be such that safe, quick launching shall not be impaired if its power supply fails.

3.   Inflatable ship's boats shall be inspected according to manufacturer's instructions.

Article 10.05

Lifebuoys and lifejackets

1.   On board craft there shall be at least three lifebuoys in accordance with European standard EN 14144:2002. They shall be ready for use and attached to the deck at appropriate points without being attached to their mounting. At least one lifebuoy shall be in the immediate vicinity of the wheelhouse and shall be equipped with a self-igniting, battery-powered light that will not be extinguished in water.

2.   A personalised, automatically inflatable lifejacket in accordance with European standards EN 395:1998 or EN 396:1998 shall be within reach of every person who is regularly on board a craft.

Non-inflatable lifejackets in accordance with these standards shall also be admissible for children.

3.   Lifejackets shall be inspected in accordance with the manufacturer's instructions.

CHAPTER 11

SAFETY AT WORK STATIONS

Article 11.01

General

1.   Vessels shall be built, arranged and equipped in such a way as to enable persons to work and move about in safety.

2.   Permanently installed facilities that are necessary for working on board shall be arranged, laid out and secured in such a way as to permit safe and easy operation, use and maintenance. If necessary, mobile or high-temperature components shall be fitted with protective devices.

Article 11.02

Protection against falling

1.   Decks and side decks shall be flat and at no point be likely to cause tripping; it shall be impossible for puddles to form.

2.   Decks, side decks, engine-room floors, landings, stairways and the tops of side deck bollards shall have non-slip surfaces.

3.   The tops of side deck bollards and obstacles in passageways, such as the edges of steps, shall be painted in a colour contrasting with the surrounding deck.

4.   The outer edges of decks, as well as work stations where persons might fall more than 1 m, shall be fitted with bulwarks or coamings that are at least 0,70 m high or with a guard rail in accordance with European standard EN 711:1995, which shall comprise a handrail, a rail at knee height and a foot-rail. Side decks shall be fitted with a foot-rail and a continuous hand-rail that is secured to the coaming. Coaming hand-rails shall not be required where side decks are fitted with non-retractable shipside guard rails.

5.   At work stations where there is danger of falling more than 1 m the inspection body may require appropriate fittings and equipment to ensure safe working.

Article 11.03

Dimensions of working spaces

Working spaces shall be large enough to provide every person working in them with adequate freedom of movement.

Article 11.04

Side decks

1.   The clear width of a side deck shall be at least 0,60 m. That figure may be reduced to 0,50 m at certain points that are necessary for the operation of the vessel such as deck-washing valves. It may be reduced to 0,40 m at bollards and cleats.

2.   Up to a height of 0,90 m above the side deck, the clear width of the side deck may be reduced to 0,54 m provided that the clear width above, between the outer edge of the hull and the inner edge of the hold, is not less than 0,65 m. In this case, the clear width of the side deck may be reduced to 0,50 m if the outer edge of the side deck is fitted with a guard rail in accordance with European standard EN 711:1995 to prevent falling. On vessels 55 m or less in length with only aft accommodation, the guard rail may be dispensed with.

3.   The requirements of sections 1 and 2 shall apply up to a height of 2,00 m above the side deck.

Article 11.05

Access to working spaces

1.   Points of access and passageways for the movement of persons and objects shall be of sufficient size and so arranged that:

| (a) | in front of the access opening, there is sufficient room not to impede movement; |
| --- | --- |

(a)

in front of the access opening, there is sufficient room not to impede movement;

| (b) | the clear width of the passageway shall be appropriate for the intended use of the working space and shall be not less than 0,60 m, except in the case of craft less than 8 m wide, where it may be reduced to 0,50 m; |
| --- | --- |

(b)

the clear width of the passageway shall be appropriate for the intended use of the working space and shall be not less than 0,60 m, except in the case of craft less than 8 m wide, where it may be reduced to 0,50 m;

| (c) | the clear height of the passageway including the sill is not less than 1,90 m. |
| --- | --- |

(c)

the clear height of the passageway including the sill is not less than 1,90 m.

2.   Doors shall be so arranged that they can be opened and closed safely from either side. They shall be protected against accidental opening or closing.

3.   Appropriate stairs, ladders or steps shall be installed in accesses, exits and passageways where there is more than a 0,50 m difference in floor level.

4.   Working spaces which are manned continuously shall be fitted with stairs if there is a difference in floor level of more than 1,00 m. This requirement shall not apply to emergency exits.

5.   Vessels with holds shall have at least one permanently installed means of access at each end of each hold.

By way of derogation from the first sentence the permanently installed means of access may be dispensed with if at least two movable ladders are provided which reach at least 3 rungs over the hatch coaming at an angle of inclination of 60°.

Article 11.06

Exits and emergency exits

1   The number, arrangement and dimensions of exits, including emergency exits, shall be in keeping with the purpose and dimensions of the relevant space. Where one of the exits is an emergency exit, it shall be clearly marked as such.

2.   Emergency exits or windows or the covers of skylights to be used as emergency exits shall have a clear opening of not less than 0,36 m2, and the smallest dimension shall be not less than 0,50 m.

2

Article 11.07

Ladders, steps and similar devices

1.   Stairs and ladders shall be securely fixed. Stairs shall be not less than 0,60 m wide and the clear width between hand-rails shall be not less than 0,60 m; steps shall be not less than 0,15 m deep; steps shall have non-slip surfaces and stairs with more than three steps shall be fitted with hand-rails.

2.   Ladders and separately attached rungs shall have a clear width of not less than 0,30 m; rungs shall be not more than 0,30 m apart and the distance between rungs and structures shall be not less than 0,15 m.

3.   Ladders and separately attached rungs shall be clearly recognisable from above and shall be equipped with safety handles above exit openings.

4.   Movable ladders shall be at least 0,40 m wide, and at least 0,50 m wide at the base; it shall be possible to ensure that they will not topple or skid; the rungs shall be securely fixed in the uprights.

Article 11.08

Interior spaces

1.   The dimensions, arrangement and layout of interior working spaces shall be in keeping with the work to be carried out and shall meet the health and safety requirements. They shall be equipped with sufficient non-dazzle lighting and with sufficient ventilation arrangements. If necessary, they shall be fitted with heating appliances capable of maintaining an adequate temperature.

2.   The floors of interior working spaces shall be solid and durable, and shall be designed not to cause tripping or slipping. Openings in decks and floors shall, when open, be secured against the danger of falling, and windows and skylights shall be so arranged and fitted that they can be operated and cleaned safely.

Article 11.09

Protection against noise and vibration

1.   Working spaces shall be so situated, equipped and designed that crew members are not exposed to harmful vibrations.

2.   Permanent working spaces shall, in addition, be so constructed and soundproofed that the health and safety of crew members are not affected by noise.

3.   For crew members who are likely to be exposed to noise levels exceeding 85 dB(A) every day individual acoustic protection devices shall be available. In working spaces where noise levels exceed 90 dB(A) it shall be indicated that wearing of acoustic protection devices is mandatory by a symbol ‘Wear acoustic protection device’ with a diameter of at least 10 cm in accordance with Fig. 7 of Appendix I.

Article 11.10

Hatch covers

1.   Hatch covers shall be easily accessible and safe to handle. Hatch-cover components weighing more than 40 kg shall be designed to slide or pivot or be fitted with mechanical opening devices. Hatch covers operated by lifting gear shall be fitted with adequate and easily accessible attachment devices. Non-interchangeable hatch covers and upper sills shall be clearly marked to show the hatches to which they belong and their correct position on those hatches.

2.   Hatch covers shall be secured against being tilted by the wind or by loading gear. Sliding covers shall be fitted with catches to prevent accidental horizontal movement of more than 0,40 m; they shall be capable of being locked in their final position. Appropriate devices shall be fitted to hold stacked hatch covers in position.

3.   The power supply for mechanically operated hatch covers shall be cut off automatically when the control switch is released.

4.   Hatch covers shall be capable of bearing the loads to which they are likely to be subjected: Hatch covers designed to be walked on shall be capable of bearing concentrated loads of at least 75 kg. Hatch covers not designed to be walked on shall be marked as such. Hatch covers designed to receive deck cargo shall have the permissible load in t/m2 marked on them. Where supports are needed to achieve the maximum permissible load this shall be indicated in an appropriate place; in this case the relevant drawings shall be kept on board.

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Article 11.11

Winches

1.   Winches shall be designed in such a way as to enable work to be carried out safely. They shall be fitted with devices that prevent unintentional load release. Winches that do not lock automatically shall be fitted with a brake that is adequate to deal with their tractive force.

2.   Hand-operated winches shall be fitted with devices to prevent kick-back of the crank. Winches that are both power- and manually driven shall be designed in such a way that the motive-power control cannot actuate the manual control.

Article 11.12

Cranes

1.   Cranes shall be built in accordance with best practice. The forces arising during their operation shall be safely transmitted into the vessel's structure; they shall not impair its stability.

2.   A manufacturer's plate containing the following information shall be affixed to cranes:

| (a) | manufacturer's name and address; |
| --- | --- |

(a)

manufacturer's name and address;

| (b) | the CE marking, together with the year of manufacture; |
| --- | --- |

(b)

the CE marking, together with the year of manufacture;

| (c) | series or type reference; |
| --- | --- |

(c)

series or type reference;

| (d) | where applicable, serial number. |
| --- | --- |

(d)

where applicable, serial number.

3.   The maximum permissible loadings shall be permanently marked in a clearly legible manner on cranes.

Where a crane's safe working load does not exceed 2 000 kg it will be sufficient if the safe working load at the maximum reach is permanently marked in a clearly legible manner on the crane.

4.   There shall be devices to protect against crushing or shearing accidents. The outer parts of the crane shall leave a safety clearance of 0,5 m upwards, downwards and to the sides, between them and all surrounding objects. The safety clearance to the sides shall not be required outside work stations and passageways.

5.   It shall be possible to protect power driven cranes against unauthorised use. It shall only be possible to start these up from the crane's driving position. The control shall be of the automatic-return type (buttons without stops); their operating direction shall be unambiguously clear.

If the motive power fails it shall not be possible for the load to drop uncontrolled. Unintentional crane movements shall be prevented.

Any upward movement of the hoisting device and any exceeding of the safe working load shall be limited by an appropriate device. Any downward movement of the hoisting device shall be limited if under any envisaged operating conditions at the moment of attaching the hook there can be less than two cable windings on the drum. The corresponding counter movement shall still be possible after the automatic limiting devices have been actuated.

The tensile strength of the cables for running rigging shall correspond to five times the cable's permissible loading. The cable construction shall be faultless and the design shall be suitable for use on cranes.

6.   Before putting into service for the first time or before putting back into service following major alteration, calculations and a load test shall provide proof of adequate strength and stability.

Where a crane's safe working load does not exceed 2 000 kg the expert may decide that the proof by calculation may be fully or partly replaced by a test with a load 1,25 times the safe working load carried out over the full working range.

The acceptance test according to the first or second paragraph shall be carried out by an expert recognised by the inspection body.

7.   Cranes shall be checked regularly and in any case at least every 12 months, by an expert. During that inspection the safe working condition of the crane shall be determined by a visual check and an operating check.

8.   Every ten years, at the latest, after the acceptance test the crane shall again be inspected by an expert recognised by the inspection body.

9.   Cranes with a safe working load exceeding 2 000 kg, or which are used for transhipment of cargo, or which are mounted on board lifting jacks, pontoons and other floating equipment or worksite craft shall in addition meet the requirements of one of the Member States.

10.   For all cranes at least the following documents shall be kept on board:

| (a) | the crane manufacturer's operating instructions, including at least the following information:






  — | operating range and function of the controls; |
| --- | --- | --- |

(a)

the crane manufacturer's operating instructions, including at least the following information:

—

operating range and function of the controls;

| — | maximum permissible safe working load as a function of the reach; |
| --- | --- |

—

maximum permissible safe working load as a function of the reach;

| — | maximum permissible inclination of the crane; |
| --- | --- |

—

maximum permissible inclination of the crane;

| — | assembly and maintenance instructions; |
| --- | --- |

—

assembly and maintenance instructions;

| — | instructions concerning regular checks; |
| --- | --- |

—

instructions concerning regular checks;

| — | general technical data. |
| --- | --- |

—

general technical data.

| (b) | certificates concerning the checks carried out in accordance with sections 6 to 8 or 9. |
| --- | --- |

(b)

certificates concerning the checks carried out in accordance with sections 6 to 8 or 9.

Article 11.13

Storing flammable liquids

To store flammable liquids with a flash point of less than 55 °C there shall be a ventilated cupboard made of non-combustible material on deck. On its outside there shall be a symbol ‘Fire, naked flame and smoking prohibited’ with a diameter of at least 10 cm in accordance with Fig. 2 of Appendix I.

CHAPTER 12

ACCOMMODATION

Article 12.01

General

1.   Vessels shall have accommodation for the persons lodging habitually on board, and at least for the minimum crew.

2.   Accommodation shall be so designed, arranged and fitted out as to meet the health, safety and comfort needs of those on board. It shall be of safe and easy access and adequately insulated against heat and cold.

3.   The inspection body may authorise exceptions to the provisions of this Chapter if the health and safety of those on board are ensured by other means.

4.   The inspection body shall enter on the Community certificate any restrictions on the vessel's daily operating periods and its operating mode resulting from the exceptions referred to in section 3.

Article 12.02

Special design requirements for accommodation

1.   It shall be possible to ventilate accommodation adequately even when the doors are closed; in addition, communal living quarters shall receive adequate daylight and, as far as possible, provide a view out.

2.   Where there is no deck-level access to the accommodation and the difference in level is 0,30 m or more the accommodation shall be accessible by means of stairs.

3.   In the foresection of the vessel no floor shall be more than 1,20 m below the plane of maximum draught.

4.   Living and sleeping quarters shall have at least two exits which are as far apart from each other as possible and which serve as escape routes. One exit may be designed as an emergency exit. This does not apply to rooms with an exit leading directly onto the deck or into a corridor which serves as an escape route, provided the corridor has two exits apart from each other leading to port and starboard. Emergency exits, which may include skylights and windows, shall have a clear opening of at least 0,36 m2 and a shortest side no less than 0,50 m and permit rapid evacuation in an emergency. Insulation and cladding of escape routes shall be made of flame-retardant materials and the usability of escape routes shall be guaranteed at all times by appropriate means such as ladders or separately attached rungs.

2

5.   Accommodation shall be protected against inadmissible noise and vibration. Sound pressure levels shall not exceed:

| (a) | 70 dB(A) in communal living quarters; |
| --- | --- |

(a)

70 dB(A) in communal living quarters;

| (b) | 60 dB(A) in sleeping quarters. This provision shall not apply to vessels operating exclusively outside the rest periods of the crew as laid down by the national legislation of the Member States. The restriction of the daily operating period shall be entered on the Community certificate. |
| --- | --- |

(b)

60 dB(A) in sleeping quarters. This provision shall not apply to vessels operating exclusively outside the rest periods of the crew as laid down by the national legislation of the Member States. The restriction of the daily operating period shall be entered on the Community certificate.

6.   Headroom in the accommodation shall be not less than 2,00 m.

7.   As a general rule, vessels shall have at least one communal living room partitioned off from the sleeping quarters.

8.   The free floor area of communal living quarters shall be not less than 2 m2 per person, and in any event not less than 8 m2 in total (not counting furniture, except tables and chairs).

2

2

9.   The cubic capacity of private living and sleeping rooms shall be not less than 7 m3 each.

3

10.   The volume of airspace per person shall be at least 3,5 m3 in private living quarters. In sleeping quarters it shall be at least 5 m3 for the first occupant and at least 3 m3 for each additional occupant (not counting volume of furniture). Sleeping cabins shall, as far as possible, be intended for no more than two persons. Berths shall be not less than 0,30 m above the floor. Where one berth is placed over another, the headroom above each berth shall be not less than 0,60 m.

3

3

3

11.   Doors shall have an opening whose upper edge is at least 1,90 m above deck or above the floor and a clear width of at least 0,60 m. The prescribed height may be achieved by means of sliding or hinged covers or flaps. Doors shall open to the outside and it shall be possible to open them from either side. Sills shall not be more than 0,40 m high, but shall nonetheless comply with the provisions of other safety regulations.

12.   Stairways shall be permanently fixed and safely negotiable. They shall be deemed to be so when:

| (a) | they are at least 0,60 m wide; |
| --- | --- |

(a)

they are at least 0,60 m wide;

| (b) | the tread is at least 0,15 m deep; |
| --- | --- |

(b)

the tread is at least 0,15 m deep;

| (c) | the steps are non-slip; |
| --- | --- |

(c)

the steps are non-slip;

| (d) | stairways with more than three steps are fitted with at least one handrail or handle. |
| --- | --- |

(d)

stairways with more than three steps are fitted with at least one handrail or handle.

13.   Pipes carrying dangerous gases or liquids, and particularly those under such a high pressure that a leak could pose a danger to persons, shall not be located in the accommodation or in corridors leading to the accommodation. This does not apply to steam pipes and hydraulic system pipes, provided they are fitted in metal sleeves, and for the pipes of liquefied gas installations for domestic purposes.

Article 12.03

Sanitary installations

1.   At least the following sanitary installations shall be provided in vessels with accommodation:

| (a) | one toilet per accommodation unit or per six crew members; it shall be possible to ventilate these with fresh air; |
| --- | --- |

(a)

one toilet per accommodation unit or per six crew members; it shall be possible to ventilate these with fresh air;

| (b) | one wash basin with waste pipe and connected up to hot and cold potable water per accommodation unit or per four crew members; |
| --- | --- |

(b)

one wash basin with waste pipe and connected up to hot and cold potable water per accommodation unit or per four crew members;

| (c) | one shower or bath connected up to hot and cold potable water per accommodation unit or per six crew members. |
| --- | --- |

(c)

one shower or bath connected up to hot and cold potable water per accommodation unit or per six crew members.

2.   The sanitary installations shall be in close proximity to the accommodation. Toilets shall not have direct access to galleys, mess rooms or combined communal living quarters/galleys.

3.   Toilet compartments shall have a floor space of at least 1 m2, not less than 0,75 m wide and not less than 1,10 m long. Toilet compartments in cabins for no more than two persons may be smaller. Where a toilet contains a wash basin and/or shower, the floor space shall be increased at least by the floor space occupied by the wash basin and/or shower (or bath).

2

Article 12.04

Galleys

1.   Galleys may be combined with communal living quarters.

2.   Galleys shall comprise:

| (a) | a cooker; |
| --- | --- |

(a)

a cooker;

| (b) | a sink with waste connection; |
| --- | --- |

(b)

a sink with waste connection;

| (c) | a supply of potable water; |
| --- | --- |

(c)

a supply of potable water;

| (d) | a refrigerator; |
| --- | --- |

(d)

a refrigerator;

| (e) | sufficient storage and working space. |
| --- | --- |

(e)

sufficient storage and working space.

3.   The eating area of combined galleys/communal living quarters shall be large enough to accommodate the number of crew normally using it at the same time. Seats shall be not less than 0,60 m wide.

Article 12.05

Potable water

1.   Vessels with accommodation shall have a potable water installation. Potable water tank filling apertures and potable water hoses shall be marked as being intended exclusively for potable water. Potable water filler necks shall be installed above the deck.

2.   Potable water installations shall:

| (a) | on their inner surfaces be made of a material which resists corrosion and poses no physiological danger; |
| --- | --- |

(a)

on their inner surfaces be made of a material which resists corrosion and poses no physiological danger;

| (b) | be free of pipe sections where a regular flow of water is not guaranteed, and |
| --- | --- |

(b)

be free of pipe sections where a regular flow of water is not guaranteed, and

| (c) | be protected against excessive heating. |
| --- | --- |

(c)

be protected against excessive heating.

3.   In addition to section 2 potable water tanks shall:

| (a) | have a capacity of at least 150 l per person normally living on board, and at least per member of the minimum crew; |
| --- | --- |

(a)

have a capacity of at least 150 l per person normally living on board, and at least per member of the minimum crew;

| (b) | have a suitable, lockable opening to enable the inside to be cleaned; |
| --- | --- |

(b)

have a suitable, lockable opening to enable the inside to be cleaned;

| (c) | have a water level indicator; |
| --- | --- |

(c)

have a water level indicator;

| (d) | have ventilation pipes which lead to the open air or are fitted with appropriate filters. |
| --- | --- |

(d)

have ventilation pipes which lead to the open air or are fitted with appropriate filters.

4.   Potable water tanks shall not share walls with other tanks. Potable water pipes shall not pass through tanks containing other liquids. Connections are not permitted between the potable water supply system and other pipes. Pipes carrying gas or liquids other than potable water shall not pass through potable water tanks.

5.   Potable water pressure vessels shall operate only on uncontaminated compressed air. Where it is produced by means of compressors, appropriate air filters and oil separators shall be installed directly in front of the pressure vessel unless the water and the air are separated by a diaphragm.

Article 12.06

Heating and ventilation

1.   It shall be possible to heat accommodation in accordance with its intended use. Heating installations shall be appropriate for the weather conditions which may arise.

2.   It shall be possible to ventilate the living and sleeping quarters adequately even when the doors are closed. Ventilation shall ensure adequate air circulation in all climatic conditions.

3.   The accommodation shall be so designed and arranged as to prevent as far as possible the entry of foul air from other areas of the vessel such as engine rooms or holds; where forced-air ventilation is used, the intake vents shall be so placed as to satisfy the above requirements.

Article 12.07

Other accommodation installations

1.   Each crew member living on board shall have an individual berth and an individual clothes locker fitted with a lock. The internal measurements of the berth shall be not less than 2,00 × 0,90 m.

2.   Suitable places for storing and drying work clothes shall be provided, but not in the sleeping quarters.

3.   All accommodation areas shall be fitted with electric lighting. Additional lamps using gas or liquid fuel may only be used in communal living quarters. Lighting devices using liquid fuel shall be made of metal and shall burn only fuels with a flash point above 55 °C or commercial paraffin oil. They shall be placed or attached so as not to constitute a fire hazard.

CHAPTER 13

FUEL-FIRED HEATING, COOKING AND REFRIGERATING EQUIPMENT

Article 13.01

General

1.   Heating, cooking and refrigeration equipment running on liquefied gas shall meet the requirements of Chapter 14.

2.   Heating, cooking and refrigeration equipment, together with its accessories, shall be so designed and installed that it is not dangerous even in the event of overheating. It shall be so installed that it cannot overturn or be moved accidentally.

3.   The equipment referred to in section 2 shall not be installed in areas in which substances with a flash point below 55 °C are used or stored. No flues from these installations may pass through such areas.

4.   The supply of air necessary for combustion shall be ensured.

5.   Heating appliances shall be securely connected to flues, which shall be fitted with suitable cowls or devices affording protection against the wind. They shall be arranged in such a manner as to permit cleaning.

Article 13.02

Use of liquid fuels, oil-fired equipment

1.   Heating, cooking and refrigeration equipment which uses liquid fuel may be operated only with fuels whose flash point is above 55 °C.

2.   By way of derogation from section 1, cooking appliances and heating and refrigeration appliances fitted with burners with wicks and running on commercial paraffin oil may be permitted in the accommodation and wheelhouse provided the capacity of the fuel tank does not exceed 12 litres.

3.   Appliances fitted with burners with wicks shall be:

| (a) | fitted with a metal fuel tank whose filling aperture may be locked and which has no soft-solder joints below the maximum filling level, and shall be designed and installed in such a way that the fuel tank cannot be opened or emptied accidentally; |
| --- | --- |

(a)

fitted with a metal fuel tank whose filling aperture may be locked and which has no soft-solder joints below the maximum filling level, and shall be designed and installed in such a way that the fuel tank cannot be opened or emptied accidentally;

| (b) | capable of being lit without the aid of another liquid fuel; |
| --- | --- |

(b)

capable of being lit without the aid of another liquid fuel;

| (c) | so installed as to ensure the safe evacuation of combustion gases. |
| --- | --- |

(c)

so installed as to ensure the safe evacuation of combustion gases.

Article 13.03

Vaporising oil burner stoves and atomising oil burner heating appliances

1.   Vaporising oil burner stoves and atomising oil burner heating appliances shall be built in accordance with best practice.

2.   Where a vaporising oil burner stove or an atomising oil burner heating appliance is installed in an engine room, the air supply to the heating appliance and the engines shall be so designed that the heating appliance and the engines can operate properly and safely independently of one another. Where necessary, there shall be a separate air supply. The equipment shall be installed in such a way that no flame from the burner can reach other parts of the engine room installations.

Article 13.04

Vaporising oil burner stoves

1.   It shall be possible to light vaporising oil burner stoves without the aid of another combustible liquid. They shall be fixed above a metal drip pan which encompasses all the fuel-carrying parts, whose sides are at least 20 mm high and which has a capacity of at least 2 litres.

2.   For vaporising oil burner stoves installed in an engine room, the sides of the metal drip pan prescribed in section 1 shall be at least 200 mm high. The lower edge of the vaporising burner shall be located above the edge of the drip pan. In addition, the upper edge of the drip pan shall extend at least 100 mm above the floor.

3.   Vaporising oil burner stoves shall be fitted with a suitable regulator which, at all settings, ensures a virtually constant flow of fuel to the burner and which prevents any fuel leak should the flame go out. Regulators shall be considered suitable which function properly even when exposed to vibration and inclined up to 12° and which, in addition to a level-regulating float, have

| (a) | a second float which closes off the fuel supply safely and reliably when the permitted level is exceeded, or |
| --- | --- |

(a)

a second float which closes off the fuel supply safely and reliably when the permitted level is exceeded, or

| (b) | an overflow pipe, but only if the drip pan has sufficient capacity to accommodate at least the contents of the fuel tank. |
| --- | --- |

(b)

an overflow pipe, but only if the drip pan has sufficient capacity to accommodate at least the contents of the fuel tank.

4.   Where the fuel tank of a vaporising oil burner stove is installed separately:

| (a) | the drop between the tank and the burner feed may not exceed that laid down in the manufacturer's operating instructions; |
| --- | --- |

(a)

the drop between the tank and the burner feed may not exceed that laid down in the manufacturer's operating instructions;

| (b) | it shall be so installed as to be protected from unacceptable heating; |
| --- | --- |

(b)

it shall be so installed as to be protected from unacceptable heating;

| (c) | it shall be possible to interrupt the fuel supply from the deck. |
| --- | --- |

(c)

it shall be possible to interrupt the fuel supply from the deck.

5.   The flues of vaporising oil burner stoves shall be fitted with a device to prevent draught inversion.

Article 13.05

Atomising oil burner heating appliances

Atomising oil burner heating appliances shall in particular meet the following requirements:

| (a) | adequate ventilation of the burner shall be ensured before the fuel is supplied; |
| --- | --- |

(a)

adequate ventilation of the burner shall be ensured before the fuel is supplied;

| (b) | the fuel supply shall be regulated by a thermostat; |
| --- | --- |

(b)

the fuel supply shall be regulated by a thermostat;

| (c) | the fuel shall be ignited by an electric device or by a pilot flame; |
| --- | --- |

(c)

the fuel shall be ignited by an electric device or by a pilot flame;

| (d) | a flame monitoring device shall cut off the fuel supply when the flame goes out; |
| --- | --- |

(d)

a flame monitoring device shall cut off the fuel supply when the flame goes out;

| (e) | the main switch shall be placed at an easily accessible point outside the installation room. |
| --- | --- |

(e)

the main switch shall be placed at an easily accessible point outside the installation room.

Article 13.06

Forced-air heating appliances

Forced-air heating appliances consisting of a combustion chamber around which the heating air is conducted under pressure to a distribution system or to a room shall meet the following requirements:

| (a) | If the fuel is atomised under pressure the combustion air shall be supplied by a blower. |
| --- | --- |

(a)

If the fuel is atomised under pressure the combustion air shall be supplied by a blower.

| (b) | The combustion chamber shall be well ventilated before the burner can be lit. Ventilation may be considered complete when the combustion air blower continues to operate after the flame has gone out. |
| --- | --- |

(b)

The combustion chamber shall be well ventilated before the burner can be lit. Ventilation may be considered complete when the combustion air blower continues to operate after the flame has gone out.

| (c) | The fuel supply shall be automatically cut off if: | the fire goes out; |
| --- | --- | --- |

(c)

The fuel supply shall be automatically cut off if:

the fire goes out;

| | the supply of combustion air is not sufficient; |
| --- | --- |

the supply of combustion air is not sufficient;

| | the heated air exceeds a previously set temperature, or |
| --- | --- |

the heated air exceeds a previously set temperature, or

| | the power supply of the safety devices fails. |
| --- | --- |

the power supply of the safety devices fails.

| | In the above cases the fuel supply shall not be re-established automatically after being cut off. |
| --- | --- |

In the above cases the fuel supply shall not be re-established automatically after being cut off.

| (d) | It shall be possible to switch off the combustion air and heating air blowers from outside the room where the heating appliance is located. |
| --- | --- |

(d)

It shall be possible to switch off the combustion air and heating air blowers from outside the room where the heating appliance is located.

| (e) | Where heating air is drawn from outside, the intake vents shall be located as far as possible above the deck. They shall be installed in such a manner that rain and spray water cannot enter. |
| --- | --- |

(e)

Where heating air is drawn from outside, the intake vents shall be located as far as possible above the deck. They shall be installed in such a manner that rain and spray water cannot enter.

| (f) | Heating air pipes shall be made of metal. |
| --- | --- |

(f)

Heating air pipes shall be made of metal.

| (g) | It shall not be possible to close the heating air outlet apertures completely. |
| --- | --- |

(g)

It shall not be possible to close the heating air outlet apertures completely.

| (h) | It shall not be possible for any leaking fuel to reach the heating air pipes. |
| --- | --- |

(h)

It shall not be possible for any leaking fuel to reach the heating air pipes.

| (i) | It shall not be possible for forced-air heating appliances to draw their heating air from an engine room. |
| --- | --- |

(i)

It shall not be possible for forced-air heating appliances to draw their heating air from an engine room.

Article 13.07

Solid fuel heating

1.   Solid fuel heating appliances shall be placed on a metal plate with raised edges such that no burning fuel or hot cinders fall outside the plate.

This requirement does not apply to appliances installed in compartments built of non-combustible materials and intended solely to house boilers.

2.   Solid fuel boilers shall be fitted with thermostatic controls to regulate the flow of combustion air.

3.   A means by which cinders can be quickly doused shall be placed in the vicinity of each heating appliance.

CHAPTER 14

LIQUEFIED GAS INSTALLATIONS FOR DOMESTIC PURPOSES

Article 14.01

General

1.   Liquefied gas installations consist essentially of a supply unit comprising one or more gas receptacles, and of one or more pressure regulators, a distribution system and a number of gas-consuming appliances.

Spare and empty receptacles not in the supply unit shall not be considered part of the installation. Article 14.05 shall apply to them mutatis mutandis.

mutatis mutandis

2.   Installations may be operated only with commercial propane.

Article 14.02

Installations

1.   Liquefied gas installations shall be suitable throughout for use with propane and shall be built and installed in accordance with best practice.

2.   Liquefied gas installations may be used only for domestic purposes in the accommodation and the wheelhouse, and for corresponding purposes on passenger vessels.

3.   There may be a number of separate installations on board. A single installation shall not be used to serve accommodation areas separated by a hold or a fixed tank.

4.   No part of a liquefied gas installation shall be located in the engine room.

Article 14.03

Receptacles

1.   Only receptacles with an approved content of between 5 and 35 kg are permitted. In the case of passenger vessels, the inspection body may approve the use of receptacles with a larger content.

2.   Receptacles shall bear the official stamp certifying that they have been accepted following the required tests.

Article 14.04

Location and arrangement of supply units

1.   Supply units shall be installed on deck in a freestanding or wall cupboard located outside the accommodation in a position such that it does not interfere with movement on board. They shall not, however, be installed against the fore or aft bulwark. The cupboard may be a wall cupboard set into the superstructure provided that it is gastight and can only be opened from outside the superstructure. It shall be so located that the distribution pipes leading to the gas consumption points are as short as possible.

No more receptacles may be in operation simultaneously than are necessary for the functioning of the installation. Several receptacles may be connected only if a reversing coupler is used. Up to four receptacles may be connected per supply unit. The number of receptacles on board, including spare receptacles, shall not exceed six per installation.

Up to six receptacles may be connected on passenger vessels with galleys or canteens for passengers. The number of receptacles on board, including spare receptacles, shall not exceed nine per installation.

Pressure regulators, or in case of two-stage regulation the first pressure regulator, shall be fitted to a wall in the same cupboard as the receptacles.

2.   Supply units shall be so installed that any leaking gas can escape from the cupboard into the open without any risk of it penetrating inside the vessel or coming into contact with a source of ignition.

3.   Cupboards shall be constructed of flame-retardant materials and shall be sufficiently ventilated by apertures in the top and bottom. Receptacles shall be placed upright in the cupboards in such a way that they cannot overturn.

4.   Cupboards shall be so built and placed that the temperature of the receptacles cannot exceed 50 °C.

5.   The words ‘Liquefied gas’ and a ‘Fire, naked flame and smoking prohibited’ symbol at least 10 cm in diameter in accordance with Fig. 2 of Appendix I shall be affixed to the outer wall of the cupboard.

Article 14.05

Spare and empty receptacles

Spare and empty receptacles not located in the supply unit shall be stored outside the accommodation and the wheelhouse in a cupboard built in accordance with Article 14.04.

Article 14.06

Pressure regulators

1.   Gas-consuming appliances may be connected to receptacles only through a distribution system fitted with one or more pressure regulators to bring the gas pressure down to the utilisation pressure. The pressure may be reduced in one or two stages. All pressure regulators shall be set permanently at a pressure determined in accordance with Article 14.07.

2.   The final pressure regulators shall be either fitted with or immediately followed by a device to protect the pipe automatically against excess pressure in the event of a malfunctioning of the pressure regulator. It shall be ensured that in the event of a leak in the protection device any leaking gas can escape into the open without any risk of it penetrating inside the vessel or coming into contact with a source of ignition; if necessary, a special pipe shall be fitted for this purpose.

3.   The protection devices and vents shall be protected against the entry of water.

Article 14.07

Pressure

1.   Where two-stage regulating systems are used, the mean pressure shall be not more than 2,5 bar above atmospheric pressure.

2.   The pressure at the outlet from the last pressure regulator shall be not more than 0,05 bar above atmospheric pressure, with a tolerance of 10 %.

Article 14.08

Piping and flexible tubes

1.   Pipes shall consist of permanently installed steel or copper tubing.

However, pipes connecting with the receptacles shall be high-pressure flexible tubes or spiral tubes suitable for propane. Gas-consuming appliances may, if not permanently installed, be connected by means of suitable flexible tubes not more than 1 m long.

2.   Pipes shall be able to withstand any stresses, in particular regarding corrosion and strength, which may occur under normal operating conditions on board and their characteristics and layout shall be such that they ensure a satisfactory flow of gas at the appropriate pressure to the gas-consuming appliances.

3.   Pipes shall have as few joints as possible. Both pipes and joints shall be gastight and shall remain gastight despite any vibration or expansion to which they may be subjected.

4.   Pipes shall be readily accessible, properly fixed and protected at every point where they might be subject to impact or friction, particularly where they pass through steel bulkheads or metal walls. The entire surface of steel pipes shall be treated against corrosion.

5.   Flexible pipes and their joints shall be able to withstand any stresses which may occur under normal operating conditions on board. They shall be installed in such a way that they are free of tension, cannot be heated excessively and can be inspected over their entire length.

Article 14.09

Distribution system

1.   It shall be possible to shut off the entire distribution system by means of a main valve which is at all times easily and rapidly accessible.

2.   Each gas-consuming appliance shall be supplied by a separate branch of the distribution system, and each branch shall be controlled by a separate closing device.

3.   Valves shall be fitted at points where they are protected from the weather and from impact.

4.   An inspection connection shall be fitted after each pressure regulator. It shall be ensured using a closing device that in pressure tests the pressure regulator is not exposed to the test pressure.

Article 14.10

Gas-consuming appliances and their installation

1.   The only appliances that may be installed are propane-consuming appliances approved in one of the Member States and equipped with devices that effectively prevent the escape of gas in the event of either the flame or the pilot light being extinguished.

2.   Appliances shall be so placed and connected that they cannot overturn or be accidentally moved and any risk of accidental wrenching of the connecting pipes is avoided.

3.   Heating and water-heating appliances and refrigerators shall be connected to a flue for evacuating combustion gases into the open air.

4.   The installation of gas-consuming appliances in the wheelhouse is permitted only if the wheelhouse is so constructed that no leaking gas can escape into the lower parts of the craft, in particular through the penetrations for control lines to the engine room.

5.   Gas-consuming appliances may be installed in sleeping quarters only if combustion is independent of ambient air in the quarters.

6.   Gas-consuming appliances in which combustion depends on ambient air shall be installed in rooms which are sufficiently large.

Article 14.11

Ventilation and evacuation of combustion gases

1.   In rooms containing gas-consuming appliances in which combustion depends on ambient air, fresh air shall be supplied and combustion gases evacuated by means of ventilation apertures of adequate dimensions, with a clear section of at least 150 cm2 per aperture.

2

2.   Ventilation apertures shall not have any closing device and shall not lead to sleeping quarters.

3.   Evacuation devices shall be so designed as to ensure the safe evacuation of combustion gases. They shall be reliable in operation and made of non-combustible materials. Their operation shall not be affected by forced ventilation.

Article 14.12

Operating and safety requirements

An operating instruction shall be affixed on board in a suitable place. It shall contain at least the following:

‘The valves of receptacles not connected to the distribution system shall be closed, even if the receptacles are presumed empty.’

‘Flexible pipes shall be replaced as soon as their condition so requires.’

‘All gas-consuming appliances shall be connected or the corresponding connecting pipes shall be sealed.’

Article 14.13

Acceptance test

Before a liquefied gas installation is put into service, after any modification or repair and on every renewal of the attestation referred to in Article 14.15, the entire installation shall be accepted by an expert recognised by the inspection body. During the acceptance test the expert shall verify whether the installation conforms to the requirements of this Chapter. He shall submit an acceptance report to the inspection body.

Article 14.14

Tests

Tests on the installation shall be carried out under the following conditions:

| 1. | Medium-pressure pipes between the closing device, referred to in Article 14.09, section 4, of the first pressure regulator and the valves fitted before the final pressure regulator:






  (a) | pressure test, carried out with air, an inert gas or a liquid at a pressure 20 bar above atmospheric pressure; |
| --- | --- | --- |

1.

Medium-pressure pipes between the closing device, referred to in Article 14.09, section 4, of the first pressure regulator and the valves fitted before the final pressure regulator:

(a)

pressure test, carried out with air, an inert gas or a liquid at a pressure 20 bar above atmospheric pressure;

| (b) | tightness test, carried out with air or an inert gas at a pressure 3,5 bar above atmospheric pressure. |
| --- | --- |

(b)

tightness test, carried out with air or an inert gas at a pressure 3,5 bar above atmospheric pressure.

| 2. | Pipes at the service pressure between the closing device, referred to in Article 14.09, section 4, of the only pressure regulator or the final pressure regulator and the valves fitted before the gas-consuming appliances: | tightness test, carried out with air or an inert gas at a pressure of 1 bar above atmospheric pressure. |
| --- | --- | --- |

2.

Pipes at the service pressure between the closing device, referred to in Article 14.09, section 4, of the only pressure regulator or the final pressure regulator and the valves fitted before the gas-consuming appliances:

tightness test, carried out with air or an inert gas at a pressure of 1 bar above atmospheric pressure.

| 3. | Pipes situated between the closing device, referred to in Article 14.09, section 4, of the only pressure regulator or the final pressure regulator and the controls of gas-consuming appliances: | tightness test at a pressure of 0,15 bar above atmospheric pressure. |
| --- | --- | --- |

3.

Pipes situated between the closing device, referred to in Article 14.09, section 4, of the only pressure regulator or the final pressure regulator and the controls of gas-consuming appliances:

tightness test at a pressure of 0,15 bar above atmospheric pressure.

| 4. | In the tests referred to in sections 1(b), 2 and 3, the pipes are deemed gastight if, after sufficient time to allow for equalisation with ambient temperature, no decrease in the test pressure is observed during a further 10 minute test period. |
| --- | --- |

4.

In the tests referred to in sections 1(b), 2 and 3, the pipes are deemed gastight if, after sufficient time to allow for equalisation with ambient temperature, no decrease in the test pressure is observed during a further 10 minute test period.

| 5. | Receptacle connectors, pipe joints and other fittings subjected to the pressure in the receptacles, and joints between pressure regulators and the distribution pipe: | tightness test, carried out with a foaming substance, at the service pressure. |
| --- | --- | --- |

5.

Receptacle connectors, pipe joints and other fittings subjected to the pressure in the receptacles, and joints between pressure regulators and the distribution pipe:

tightness test, carried out with a foaming substance, at the service pressure.

| 6. | All gas-consuming appliances shall be brought into service at the nominal capacity and shall be tested for satisfactory and undisturbed combustion at different capacity settings.
  Flame failure devices shall be checked to ensure that they operate satisfactorily. |
| --- | --- |

6.

All gas-consuming appliances shall be brought into service at the nominal capacity and shall be tested for satisfactory and undisturbed combustion at different capacity settings.

Flame failure devices shall be checked to ensure that they operate satisfactorily.

| 7. | After the test referred to in section 6, it shall be verified for each gas-consuming appliance connected to a flue, whether, after five minutes' operation at the nominal capacity, with windows and doors closed and the ventilation devices in operation, any combustion gases are escaping into the room through the air intake.
  If there is a more than momentary escape of such gases, the cause shall immediately be detected and remedied. The appliance shall not be approved for use until all defects have been eliminated. |
| --- | --- |

7.

After the test referred to in section 6, it shall be verified for each gas-consuming appliance connected to a flue, whether, after five minutes' operation at the nominal capacity, with windows and doors closed and the ventilation devices in operation, any combustion gases are escaping into the room through the air intake.

If there is a more than momentary escape of such gases, the cause shall immediately be detected and remedied. The appliance shall not be approved for use until all defects have been eliminated.

Article 14.15

Attestation

1.   The Community certificate shall include an attestation to the effect that all liquefied gas installations conform to the requirements of this Chapter.

2.   The attestation will be issued by the inspection body following the acceptance test referred to in Article 14.13.

3.   The attestation shall be valid for a period not exceeding three years. It may be renewed only after a further acceptance test carried out in accordance with Article 14.13.

Exceptionally, where the owner of a vessel or his representative submits a reasoned request, the inspection body may extend the validity of the attestation for not more than three months without carrying out the acceptance test referred to in Article 14.13. Such extension shall be entered in the Community certificate.

CHAPTER 15

SPECIFIC REQUIREMENTS APPLICABLE TO PASSENGER VESSELS

Article 15.01

General provisions

1.   The following provisions shall not apply:

| (a) | Article 3.02, section 1(b); |
| --- | --- |

(a)

Article 3.02, section 1(b);

| (b) | Articles 4.01 to 4.03; |
| --- | --- |

(b)

Articles 4.01 to 4.03;

| (c) | Article 8.08, section 2, second sentence, and section 7; |
| --- | --- |

(c)

Article 8.08, section 2, second sentence, and section 7;

| (d) | Article 9.14, section 3, second sentence, for rated voltages of over 50 V. |
| --- | --- |

(d)

Article 9.14, section 3, second sentence, for rated voltages of over 50 V.

2.   The following items of equipment are prohibited on passenger vessels:

| (a) | lamps powered by liquefied gas or liquid fuel according to Article 12.07, section 3; |
| --- | --- |

(a)

lamps powered by liquefied gas or liquid fuel according to Article 12.07, section 3;

| (b) | vaporising oil-burner stoves according to Article 13.04; |
| --- | --- |

(b)

vaporising oil-burner stoves according to Article 13.04;

| (c) | solid fuel heaters according to Article 13.07; |
| --- | --- |

(c)

solid fuel heaters according to Article 13.07;

| (d) | devices fitted with wick burners according to Article 13.02, sections 2 and 3, and |
| --- | --- |

(d)

devices fitted with wick burners according to Article 13.02, sections 2 and 3, and

| (e) | liquefied gas devices according to Chapter 14. |
| --- | --- |

(e)

liquefied gas devices according to Chapter 14.

3.   Vessels without their own power cannot be licensed for passenger transport.

4.   On passenger vessels, areas shall be provided for use by persons with reduced mobility, according to the provisions of this Chapter. If the application of provisions of this Chapter which take into account the specific safety needs of persons with reduced mobility is difficult in practice or incurs unreasonable costs, the inspection body may allow derogations from these provisions on the basis of recommendations in accordance with the procedure referred to in Article 19(2) of this Directive. These derogations shall be mentioned in the Community certificate.

Article 15.02

Vessels' hulls

1.   In the course of the inspections referred to in Article 2.09, the thickness of the outside plating of steel passenger vessels shall be determined as follows:

| (a) | The minimum thickness tmin of the bottom, bilge and side plating of the outer hull of passenger vessels is determined in accordance with the larger value of the following formulae:

  ;

  .
  In these formulae:







  f | = | 1 + 0,0013 · (a – 500); |
| --- | --- | --- | --- |
| a | = | longitudinal or transverse frame spacing [mm], and where the frame spacing is less than 400 mm, a = 400 mm should be entered; |

(a)

The minimum thickness tmin of the bottom, bilge and side plating of the outer hull of passenger vessels is determined in accordance with the larger value of the following formulae:

min

Formula;

Formula.

In these formulae:

f

=

1 + 0,0013 · (a – 500);

a

=

longitudinal or transverse frame spacing [mm], and where the frame spacing is less than 400 mm, a = 400 mm should be entered;

| (b) | It is permissible to fall short of the minimum value determined in accordance with (a) above for the plate thickness in cases where the permitted value has been determined and certified on the basis of a mathematical proof for the sufficient strength (longitudinal, transverse and local) of the vessel's hull. |
| --- | --- |

(b)

It is permissible to fall short of the minimum value determined in accordance with (a) above for the plate thickness in cases where the permitted value has been determined and certified on the basis of a mathematical proof for the sufficient strength (longitudinal, transverse and local) of the vessel's hull.

| (c) | At no point of the outside plating shall the thickness calculated in accordance with (a) or (b) above be less than 3 mm. |
| --- | --- |

(c)

At no point of the outside plating shall the thickness calculated in accordance with (a) or (b) above be less than 3 mm.

| (d) | Plate renewals shall be carried out when bottom, bilge or side plate thicknesses have fallen short of the minimum value determined in accordance with (a) or (b), in conjunction with (c) above. |
| --- | --- |

(d)

Plate renewals shall be carried out when bottom, bilge or side plate thicknesses have fallen short of the minimum value determined in accordance with (a) or (b), in conjunction with (c) above.

2.   The number and position of bulkheads shall be selected such that, in the event of flooding, the vessel remains buoyant according to Article 15.03, sections 7 to 13. Every portion of the internal structure which affects the efficiency of the subdivision of such vessels shall be watertight, and shall be of a design which will maintain the integrity of the subdivision.

3.   The distance between the collision bulkhead and the forward perpendicular shall be at least 0,04 LWL and not more than 0,04 LWL + 2 m.

WL

WL

4.   A transverse bulkhead may be fitted with a bulkhead recess, if all parts of this offset lie within the safe area.

5.   The bulkheads, which are taken into account in the damaged stability calculation according to Article 15.03, sections 7 to 13, shall be watertight and be installed up to the bulkhead deck. Where there is no bulkhead deck, these bulkheads shall extend to a height at least 20 cm above the margin line.

6.   The number of openings in these bulkheads shall be kept as low as is consistent with the type of construction and normal operation of the vessel. Openings and penetrations shall not have a detrimental effect on the watertight function of the bulkheads.

7.   Collision bulkheads shall have no openings and no doors.

8.   Bulkheads according to section 5 separating the engine rooms from passenger areas or crew and shipboard personnel accommodation shall have no doors.

9.   Manually operated doors without remote control in bulkheads referred to in section 5, are permitted only in areas not accessible to passengers. They shall:

| (a) | remain closed at all times and be opened only temporarily to allow access; |
| --- | --- |

(a)

remain closed at all times and be opened only temporarily to allow access;

| (b) | be fitted with suitable devices to enable them to be closed quickly and safely; |
| --- | --- |

(b)

be fitted with suitable devices to enable them to be closed quickly and safely;

| (c) | display the following notice on both sides of the doors:
  ‘Close door immediately after passing through’. |
| --- | --- |

(c)

display the following notice on both sides of the doors:

‘Close door immediately after passing through’.

10.   Doors in bulkheads referred to in section 5 that are open for long periods shall comply with the following requirements:

| (a) | They shall be capable of being closed from both sides of the bulkhead and from an easily accessible point above the bulkhead deck. |
| --- | --- |

(a)

They shall be capable of being closed from both sides of the bulkhead and from an easily accessible point above the bulkhead deck.

| (b) | After being closed by remote control the door shall be such that it can be opened again locally and closed safely. Closure shall not be impeded by carpeting, foot rails or other obstructions. |
| --- | --- |

(b)

After being closed by remote control the door shall be such that it can be opened again locally and closed safely. Closure shall not be impeded by carpeting, foot rails or other obstructions.

| (c) | The time taken for the remote-controlled closure process shall be at least 30 seconds but not more than 60 seconds. |
| --- | --- |

(c)

The time taken for the remote-controlled closure process shall be at least 30 seconds but not more than 60 seconds.

| (d) | During the closure procedure an automatic acoustic alarm shall sound by the door. |
| --- | --- |

(d)

During the closure procedure an automatic acoustic alarm shall sound by the door.

| (e) | The door drive and alarm shall also be capable of operating independently of the on-board power supply. There shall be a device at the location of the remote control that displays whether the door is open or closed. |
| --- | --- |

(e)

The door drive and alarm shall also be capable of operating independently of the on-board power supply. There shall be a device at the location of the remote control that displays whether the door is open or closed.

11.   Doors in bulkheads referred to in section 5, and their actuators shall be located in the safe area.

12.   There shall be a warning system in the wheelhouse to indicate which of the doors in bulkheads referred to in section 5 are open.

13.   Open-ended piping and ventilation ducts shall be offset in such a way that, in any conceivable flooding, no additional spaces or tanks are flooded through them.

| (a) | If several compartments are openly connected by piping or ventilation ducts, such piping and ducts shall, in an appropriate place, be lead above the waterline corresponding to the worst possible flooding. |
| --- | --- |

(a)

If several compartments are openly connected by piping or ventilation ducts, such piping and ducts shall, in an appropriate place, be lead above the waterline corresponding to the worst possible flooding.

| (b) | Piping need not meet the requirement under (a) if shut-off devices are fitted in the piping where it passes through the bulkheads and which can be remotely controlled from a point above the bulkhead deck. |
| --- | --- |

(b)

Piping need not meet the requirement under (a) if shut-off devices are fitted in the piping where it passes through the bulkheads and which can be remotely controlled from a point above the bulkhead deck.

| (c) | Where a pipework system has no open outlet in a compartment, the pipework shall be regarded as intact in the event of this compartment being damaged, if it runs within the safe area and is more than 0,50 m from the bottom of the vessel. |
| --- | --- |

(c)

Where a pipework system has no open outlet in a compartment, the pipework shall be regarded as intact in the event of this compartment being damaged, if it runs within the safe area and is more than 0,50 m from the bottom of the vessel.

14.   Remote controls of bulkhead doors according to section 10 and shut-off devices according to section 13(b) above the bulkhead deck shall be clearly indicated as such.

15.   Where double bottoms are fitted, their height shall be at least 0,60 m, and where wing voids are fitted, their width shall be at least 0,60 m.

16.   Windows may be situated below the margin line if they are watertight, cannot be opened, possess sufficient strength and conform to Article 15.06, section 14.

Article 15.03

Stability

1.   The applicant shall prove by a calculation based on the results from the application of a standard for intact stability that the intact stability of the vessel is appropriate. All calculations shall be carried out free to trim and sinkage.

2.   The intact stability shall be proven for the following standard load conditions:

| (a) | at the start of the voyage:
  100 % passengers, 98 % fuel and fresh water, 10 % waste water; |
| --- | --- |

(a)

at the start of the voyage:

100 % passengers, 98 % fuel and fresh water, 10 % waste water;

| (b) | during the voyage:
  100 % passengers, 50 % fuel and fresh water, 50 % waste water; |
| --- | --- |

(b)

during the voyage:

100 % passengers, 50 % fuel and fresh water, 50 % waste water;

| (c) | at the end of the voyage:
  100 % passengers, 10 % fuel and fresh water, 98 % waste water; |
| --- | --- |

(c)

at the end of the voyage:

100 % passengers, 10 % fuel and fresh water, 98 % waste water;

| (d) | unladen vessel:
  no passengers, 10 % fuel and fresh water, no waste water. |
| --- | --- |

(d)

unladen vessel:

no passengers, 10 % fuel and fresh water, no waste water.

For all standard load conditions, the ballast tanks shall be considered as either empty or full in accordance with normal operational conditions.

As a precondition for changing the ballast whilst under way, the requirement of section 3(d) shall be proved for the following load condition:

100 % passengers, 50 % fuel and fresh water, 50 % waste water, all other liquid (including ballast) tanks are considered filled to 50 %.

If this condition cannot be met, an entry shall be made in item 52 of the Community certificate to the effect that, whilst under way, the ballast tanks can only be empty or full and that, whilst under way, the ballast conditions must not be changed.

3.   The proof of adequate intact stability by means of a calculation shall be produced using the following definitions for the intact stability and for the standard load conditions mentioned in section 2(a) to (d):

| (a) | the maximum righting lever hmax shall occur at a heeling angle of φmax ≥ 15° and shall not be less than 0,20 m. However, in case φf < φmax the righting lever at the downflooding angle φf shall not be less than 0,20 m; |
| --- | --- |

(a)

the maximum righting lever hmax shall occur at a heeling angle of φmax ≥ 15° and shall not be less than 0,20 m. However, in case φf < φmax the righting lever at the downflooding angle φf shall not be less than 0,20 m;

max

max

f

max

f

| (b) | the downflooding angle φf shall not be less than 15°; |
| --- | --- |

(b)

the downflooding angle φf shall not be less than 15°;

f

| (c) | the area A under the curve of the righting lever shall, depending on the position of φf and φmax, reach at least the following values:








  Case | | | A |
| --- | --- | --- | --- | --- |
| 1 | φmax = 15° | | 0,07 m·rad to angle φ = 15° |
| 2 | 15° < φmax < 30° | φmax ≤ φf | 0,055 + 0,001 · (30 – φmax) m·rad to angle φmax |
| 3 | 15° < φf < 30° | φmax > φf | 0,055 + 0,001 · (30 – φf) m·rad to angle φf |
| 4 | φmax ≥ 30° and φf ≥ 30° | | 0,055 m·rad to angle φ = 30° |

(c)

the area A under the curve of the righting lever shall, depending on the position of φf and φmax, reach at least the following values:

f

max

Case

A

1

φmax = 15°

max

0,07 m·rad to angle φ = 15°

2

15° < φmax < 30°

max

φmax ≤ φf

max

f

0,055 + 0,001 · (30 – φmax) m·rad to angle φmax

max

max

3

15° < φf < 30°

f

φmax > φf

max

f

0,055 + 0,001 · (30 – φf) m·rad to angle φf

f

f

4

φmax ≥ 30° and φf ≥ 30°

max

f

0,055 m·rad to angle φ = 30°

Where

| hmax | is the maximum lever |
| --- | --- |
| φ | the heeling angle |
| φf | the downflooding angle, that is the heeling angle, at which openings in the hull, in the superstructure or deck houses which cannot be closed so as to be weather tight, are immersed |
| φmax | the heeling angle at which the maximum righting lever occurs |
| A | area beneath the curve of the righting levers |

hmax

max

is the maximum lever

φ

the heeling angle

φf

f

the downflooding angle, that is the heeling angle, at which openings in the hull, in the superstructure or deck houses which cannot be closed so as to be weather tight, are immersed

φmax

max

the heeling angle at which the maximum righting lever occurs

A

area beneath the curve of the righting levers

| (d) | the initial metacentric height, GMo, corrected by the effect of the free surfaces in liquid tanks, shall not be less than 0,15 m; |
| --- | --- |

(d)

the initial metacentric height, GMo, corrected by the effect of the free surfaces in liquid tanks, shall not be less than 0,15 m;

o

| (e) | in each of the following two cases the heeling angle shall not exceed 12°:






  (aa) | in application of the heeling moment due to passengers and wind according to sections 4 and 5; |
| --- | --- | --- |

(e)

in each of the following two cases the heeling angle shall not exceed 12°:

(aa)

in application of the heeling moment due to passengers and wind according to sections 4 and 5;

| (bb) | in application of the heeling moment due to passengers and turning according to sections 4 and 6. |
| --- | --- |

(bb)

in application of the heeling moment due to passengers and turning according to sections 4 and 6.

| (f) | for a heeling moment resulting from moments due to passengers, wind and turning according to sections 4, 5 and 6, the residual freeboard shall be not less than 200 mm; |
| --- | --- |

(f)

for a heeling moment resulting from moments due to passengers, wind and turning according to sections 4, 5 and 6, the residual freeboard shall be not less than 200 mm;

| (g) | for vessels with windows or other openings in the hull located below the bulkhead decks and not closed watertight, the residual safety clearance shall be at least 100 mm on the application of the three heeling moments resulting from subsection (f). |
| --- | --- |

(g)

for vessels with windows or other openings in the hull located below the bulkhead decks and not closed watertight, the residual safety clearance shall be at least 100 mm on the application of the three heeling moments resulting from subsection (f).

4.   The heeling moment due to one-sided accumulation of persons shall be calculated according to the following formula:

Mp = g · P · y = g · ΣPi · yi [kNm]

p

i

i

where:

| P | = | total mass of persons on board in [t], calculated by adding up the maximum permitted number of passengers and the maximum number of shipboard personnel and crew under normal operating conditions, assuming an average mass per person of 0,075 t |
| --- | --- | --- |
| y | = | lateral distance of centre of gravity of total mass of persons P from centre line in [m] |
| g | = | acceleration of gravity (g = 9,81 m/s2) |
| Pi | = | mass of persons accumulated on area Ai in [t]







  Pi | = | ni · 0,075 · Ai [t]
  where







  Ai | = | area occupied by persons in [m2] |
| ni | = | number of persons per square meter






  ni | 4 for free deck areas and deck areas with movable furniture; for deck areas with fixed seating furniture such as benches, ni shall be calculated by assuming an area of 0,45 m in width and 0,75 m in seat depth per person |

P

=

total mass of persons on board in [t], calculated by adding up the maximum permitted number of passengers and the maximum number of shipboard personnel and crew under normal operating conditions, assuming an average mass per person of 0,075 t

y

=

lateral distance of centre of gravity of total mass of persons P from centre line in [m]

g

=

acceleration of gravity (g = 9,81 m/s2)

2

Pi

i

=

mass of persons accumulated on area Ai in [t]

i

Pi

i

=

ni · 0,075 · Ai [t]

i

i

where

Ai

i

=

area occupied by persons in [m2]

2

ni

i

=

number of persons per square meter

ni

i

4 for free deck areas and deck areas with movable furniture; for deck areas with fixed seating furniture such as benches, ni shall be calculated by assuming an area of 0,45 m in width and 0,75 m in seat depth per person

yi

i

=

lateral distance of geometrical centre of area Ai from centre line in [m]

i

The calculation shall be carried out for an accumulation of persons both to starboard and to port.

The distribution of persons shall correspond to the most unfavourable one from the point of view of stability. Cabins shall be assumed unoccupied for the calculation of the persons' moment.

For the calculation of the loading cases, the centre of gravity of a person shall be taken as 1 m above the lowest point of the deck at 0,5 LWL, ignoring any deck curvature and assuming a mass of 0,075 t per person.

WL

A detailed calculation of deck areas which are occupied by persons may be dispensed with if the following values are used:

| P | = | 1,1 · Fmax · 0,075 | for day trip vessels |
| --- | --- | --- | --- |
| 1,5 · Fmax · 0,075 | for cabin vessels |

P

=

1,1 · Fmax · 0,075

max

for day trip vessels

1,5 · Fmax · 0,075

max

for cabin vessels

where

| Fmax | = | maximum permitted number of passengers on board |
| --- | --- | --- |

Fmax

max

=

maximum permitted number of passengers on board

y

=

B/2 in [m]

5.   The moment due to wind pressure (Mw) shall be calculated as follows:

w

| | Mw = pw · Aw · (lw + T/2) [kNm] |
| --- | --- |

Mw = pw · Aw · (lw + T/2) [kNm]

w

w

w

w

where

| pw | = | the specific wind pressure of 0,25 kN/m2; |
| --- | --- | --- |
| Aw | = | lateral plane of the vessel above the plane of draught according to the considered loading condition in m2; |
| lw | = | distance of the centre of gravity of the lateral plane AW from the plane of draught according to the considered loading condition in m. |

pw

w

=

the specific wind pressure of 0,25 kN/m2;

2

Aw

w

=

lateral plane of the vessel above the plane of draught according to the considered loading condition in m2;

2

lw

w

=

distance of the centre of gravity of the lateral plane AW from the plane of draught according to the considered loading condition in m.

W

6.   The moment due to centrifugal force (Mdr), caused by the turning of the vessel, shall be calculated as follows:

dr

| | Mdr = cdr · CB · v2 · D/LWL · (KG – T/2) [kNm] |
| --- | --- |

Mdr = cdr · CB · v2 · D/LWL · (KG – T/2) [kNm]

dr

dr

B

2

WL

where

| cdr | = | a coefficient of 0,45; |
| --- | --- | --- |
| CB | = | block coefficient (if not known, taken as 1,0); |
| v | = | maximum speed of the vessel in m/s; |
| KG | = | distance between the centre of gravity and the keel line in m. |

cdr

dr

=

a coefficient of 0,45;

CB

B

=

block coefficient (if not known, taken as 1,0);

v

=

maximum speed of the vessel in m/s;

KG

=

distance between the centre of gravity and the keel line in m.

For passenger vessels with propulsion systems according to Article 6.06, Mdr shall be derived from full-scale or model tests or else from corresponding calculations.

7.   The applicant shall prove, by means of a calculation based on the method of lost buoyancy, that the damaged stability of the vessel is appropriate in the event of flooding. All calculations shall be carried out free to trim and sinkage.

8.   Buoyancy of the vessel in the event of flooding shall be proven for the standard load conditions specified in section 2. Accordingly, mathematical proof of sufficient stability shall be determined for the three intermediate stages of flooding (25 %, 50 % and 75 % of flood build-up) and for the final stage of flooding.

9.   Passenger vessels shall comply with the 1-compartment status and the 2-compartment status.

The following assumptions concerning the extent of damage shall be taken into account in the event of flooding:

| | 1-compartment status | 2-compartment status |
| --- | --- | --- |
| Dimension of the side damage | |
| longitudinal l [m] | 1,20 + 0,07 · LWL |
| transverse b [m] | B/5 | 0,59 |
| vertical h [m] | from vessel bottom to top without delimitation |
| Dimension of the bottom damage | |
| longitudinal l [m] | 1,20 + 0,07 · LWL |
| transverse b [m] | B/5 |
| vertical h [m] | 0,59; pipework installed according to Article 15.02, section 13(c), shall be deemed intact |

1-compartment status

2-compartment status

Dimension of the side damage

longitudinal l [m]

1,20 + 0,07 · LWL

WL

transverse b [m]

B/5

0,59

vertical h [m]

from vessel bottom to top without delimitation

Dimension of the bottom damage

longitudinal l [m]

1,20 + 0,07 · LWL

WL

transverse b [m]

B/5

vertical h [m]

0,59; pipework installed according to Article 15.02, section 13(c), shall be deemed intact

| (a) | For 1-compartment status the bulkheads can be assumed to be intact if the distance between two adjacent bulkheads is greater than the damage length. Longitudinal bulkheads at a distance of less than B/3 from the outer plating measured perpendicular to centre line from the shell plating at the maximum draught shall not be taken into account for calculation purposes. |
| --- | --- |

(a)

For 1-compartment status the bulkheads can be assumed to be intact if the distance between two adjacent bulkheads is greater than the damage length. Longitudinal bulkheads at a distance of less than B/3 from the outer plating measured perpendicular to centre line from the shell plating at the maximum draught shall not be taken into account for calculation purposes.

| (b) | For 2-compartment status each bulkhead within the extent of damage will be assumed to be damaged. This means that the position of the bulkheads shall be selected in such a way as to ensure that the passenger vessel remains buoyant after flooding of two or more adjacent compartments in the longitudinal direction. |
| --- | --- |

(b)

For 2-compartment status each bulkhead within the extent of damage will be assumed to be damaged. This means that the position of the bulkheads shall be selected in such a way as to ensure that the passenger vessel remains buoyant after flooding of two or more adjacent compartments in the longitudinal direction.

| (c) | The lowest point of every non-watertight opening (e.g. doors, windows, access hatchways) shall lie at least 0,10 m above the damaged waterline. The bulkhead deck shall not be immersed in the final stage of flooding. |
| --- | --- |

(c)

The lowest point of every non-watertight opening (e.g. doors, windows, access hatchways) shall lie at least 0,10 m above the damaged waterline. The bulkhead deck shall not be immersed in the final stage of flooding.

| (d) | Permeability is assumed to be 95 %. If it is proven by a calculation that the average permeability of any compartment is less than 95 %, the calculated value can be used instead.
  The values to be adopted shall not be less than:






  Lounges | 95 % |
| --- | --- | --- |
| Engine and boiler rooms | 85 % |
| Luggage and store rooms | 75 % |
| Double bottoms, fuel bunkers, ballast and other tanks, depending on whether, according to their intended purpose, they are to be assumed to be full or empty for the vessel floating at the plane of maximum draught | 0 or 95 % |

(d)

Permeability is assumed to be 95 %. If it is proven by a calculation that the average permeability of any compartment is less than 95 %, the calculated value can be used instead.

The values to be adopted shall not be less than:

Lounges

95 %

Engine and boiler rooms

85 %

Luggage and store rooms

75 %

Double bottoms, fuel bunkers, ballast and other tanks, depending on whether, according to their intended purpose, they are to be assumed to be full or empty for the vessel floating at the plane of maximum draught

0 or 95 %

The calculation of free surface effect in intermediate stages of flooding shall be based on the gross surface area of the damaged compartments.

| (e) | If damage of a smaller dimension than specified above produces more detrimental effects with respect to heeling or loss of metacentric height, such damage shall be taken into account for calculation purposes. |
| --- | --- |

(e)

If damage of a smaller dimension than specified above produces more detrimental effects with respect to heeling or loss of metacentric height, such damage shall be taken into account for calculation purposes.

10.   For all intermediate stages of flooding referred to in section 8, the following criteria shall be met:

| (a) | the heeling angle φ at the equilibrium position of the intermediate stage in question shall not exceed 15°; |
| --- | --- |

(a)

the heeling angle φ at the equilibrium position of the intermediate stage in question shall not exceed 15°;

| (b) | beyond the heel in the equilibrium position of the intermediate stage in question, the positive part of the righting lever curve shall display a righting lever value of GZ ≥ 0,02 m before the first unprotected opening becomes immersed or a heeling angle φ of 25° is reached; |
| --- | --- |

(b)

beyond the heel in the equilibrium position of the intermediate stage in question, the positive part of the righting lever curve shall display a righting lever value of GZ ≥ 0,02 m before the first unprotected opening becomes immersed or a heeling angle φ of 25° is reached;

| (c) | non-watertight openings shall not be immersed before the heel in the equilibrium position of the intermediate stage in question has been reached. |
| --- | --- |

(c)

non-watertight openings shall not be immersed before the heel in the equilibrium position of the intermediate stage in question has been reached.

11.   During the final stage of flooding, the following criteria shall be met taking into account the heeling moment due to persons in accordance with section 4:

| (a) | the heeling angle φE shall not exceed 10°; |
| --- | --- |

(a)

the heeling angle φE shall not exceed 10°;

E

| (b) | beyond the equilibrium position the positive part of the righting lever curve shall display a righting lever value of GZR ≥ 0,05 m with an area A ≥ 0,0065 mrad. These minimum values for stability shall be met until the immersion of the first unprotected opening or in any case before reaching a heeling angle φm ≤ 25°; |
| --- | --- |

(b)

beyond the equilibrium position the positive part of the righting lever curve shall display a righting lever value of GZR ≥ 0,05 m with an area A ≥ 0,0065 mrad. These minimum values for stability shall be met until the immersion of the first unprotected opening or in any case before reaching a heeling angle φm ≤ 25°;

R

m

| (c) | non-watertight openings shall not be immersed before the equilibrium position has been reached; if such openings are immersed before this point, the rooms affording access are deemed to be flooded for damaged stability calculation purposes. |
| --- | --- |

(c)

non-watertight openings shall not be immersed before the equilibrium position has been reached; if such openings are immersed before this point, the rooms affording access are deemed to be flooded for damaged stability calculation purposes.

12.   The shut-off devices which shall be able to be closed watertight shall be marked accordingly.

13.   If cross-flood openings to reduce asymmetrical flooding are provided, they shall meet the following conditions:

| (a) | for the calculation of cross-flooding, IMO Resolution A.266 (VIII) shall be applied; |
| --- | --- |

(a)

for the calculation of cross-flooding, IMO Resolution A.266 (VIII) shall be applied;

| (b) | they shall be self-acting; |
| --- | --- |

(b)

they shall be self-acting;

| (c) | they shall not be equipped with shut-off devices; |
| --- | --- |

(c)

they shall not be equipped with shut-off devices;

| (d) | the total time allowed for compensation shall not exceed 15 minutes. |
| --- | --- |

(d)

the total time allowed for compensation shall not exceed 15 minutes.

Article 15.04

Safety clearance and freeboard

1.   The safety clearance shall be at least equal to the sum of:

| (a) | the additional lateral immersion, which, measured on the outside plating, is produced by the permissible heeling angle according to Article 15.03, section 3(e), and |
| --- | --- |

(a)

the additional lateral immersion, which, measured on the outside plating, is produced by the permissible heeling angle according to Article 15.03, section 3(e), and

| (b) | the residual safety clearance according to Article 15.03, section 3(g). |
| --- | --- |

(b)

the residual safety clearance according to Article 15.03, section 3(g).

For vessels without a bulkhead deck, the safety clearance shall be at least 500 mm.

2.   The freeboard shall be at least equal to the sum of:

| (a) | the additional lateral immersion, which, measured on the outside plating, is produced by the heeling angle according to Article 15.03, section 3(e), and |
| --- | --- |

(a)

the additional lateral immersion, which, measured on the outside plating, is produced by the heeling angle according to Article 15.03, section 3(e), and

| (b) | the residual freeboard according to Article 15.03, section 3(f). |
| --- | --- |

(b)

the residual freeboard according to Article 15.03, section 3(f).

However, the freeboard shall be at least 300 mm.

3.   The plane of maximum draught is to be set so as to ensure compliance with the safety clearance according to section 1, and the freeboard according to section 2 and Articles 15.02 and 15.03.

4.   For safety reasons, the inspection body may stipulate a greater safety clearance or a greater freeboard.

Article 15.05

Maximum permitted number of passengers

1.   The inspection body shall set the maximum permitted number of passengers and shall enter this number on the Community certificate.

2.   The maximum permitted number of passengers shall not exceed any of the following values:

| (a) | number of passengers for whom the existence of an evacuation area according to Article 15.06, section 8, has been proven; |
| --- | --- |

(a)

number of passengers for whom the existence of an evacuation area according to Article 15.06, section 8, has been proven;

| (b) | number of passengers that has been taken into account for the stability calculation according to Article 15.03; |
| --- | --- |

(b)

number of passengers that has been taken into account for the stability calculation according to Article 15.03;

| (c) | number of available berths for passengers on cabin vessels used for voyages including overnight stays. |
| --- | --- |

(c)

number of available berths for passengers on cabin vessels used for voyages including overnight stays.

3.   For cabin vessels which are also used as day trip vessels, the number of passengers shall be calculated for use both as a day trip vessel and as a cabin vessel and entered on the Community certificate.

4.   The maximum permitted number of passengers shall be displayed on clearly legible and prominently positioned notices on board the vessel.

Article 15.06

Passenger rooms and areas

1.   Passenger rooms shall:

| (a) | on all decks, be located aft of the level of the collision bulkhead and, as long as they are below the bulkhead deck, forward of the level of the aft-peak bulkhead, and |
| --- | --- |

(a)

on all decks, be located aft of the level of the collision bulkhead and, as long as they are below the bulkhead deck, forward of the level of the aft-peak bulkhead, and

| (b) | be separated from the engine and boiler rooms in a gas-tight manner; |
| --- | --- |

(b)

be separated from the engine and boiler rooms in a gas-tight manner;

| (c) | be so arranged, that sight lines in accordance with Article 7.02 do not pass through them. |
| --- | --- |

(c)

be so arranged, that sight lines in accordance with Article 7.02 do not pass through them.

2.   Cupboards and rooms referred to in Article 11.13 and intended for the storage of flammable liquids shall be outside the passenger area.

3.   The number and width of the exits of passenger rooms shall comply with the following requirements:

| (a) | Rooms or groups of rooms designed or arranged for 30 or more passengers or including berths for 12 or more passengers shall have at least two exits. On day trip vessels one of these two exits can be replaced by two emergency exits. |
| --- | --- |

(a)

Rooms or groups of rooms designed or arranged for 30 or more passengers or including berths for 12 or more passengers shall have at least two exits. On day trip vessels one of these two exits can be replaced by two emergency exits.

| (b) | If rooms are located below the bulkhead deck, one of the exits can be a watertight bulkhead door, according to Article 15.02, section 10, leading into an adjacent compartment from which the upper deck can be reached directly. The other exit shall lead directly or, if permitted in accordance with (a), as an emergency exit into the open air, or to the bulkhead deck. This requirement does not apply to individual cabins. |
| --- | --- |

(b)

If rooms are located below the bulkhead deck, one of the exits can be a watertight bulkhead door, according to Article 15.02, section 10, leading into an adjacent compartment from which the upper deck can be reached directly. The other exit shall lead directly or, if permitted in accordance with (a), as an emergency exit into the open air, or to the bulkhead deck. This requirement does not apply to individual cabins.

| (c) | Exits according to (a) and (b) shall be suitably arranged and shall have a clear width of at least 0,80 m and also a clear height of at least 2,00 m. For doors of passenger cabins and other small rooms, the clear width can be reduced to 0,70 m. |
| --- | --- |

(c)

Exits according to (a) and (b) shall be suitably arranged and shall have a clear width of at least 0,80 m and also a clear height of at least 2,00 m. For doors of passenger cabins and other small rooms, the clear width can be reduced to 0,70 m.

| (d) | In the case of rooms or groups of rooms intended for more than 80 passengers the sum of the widths of all exits intended for passengers and which shall be used by them in an emergency shall be at least 0,01 m per passenger. |
| --- | --- |

(d)

In the case of rooms or groups of rooms intended for more than 80 passengers the sum of the widths of all exits intended for passengers and which shall be used by them in an emergency shall be at least 0,01 m per passenger.

| (e) | If the total width of the exits is determined by the number of passengers, the width of each exit shall be at least 0,005 m per passenger. |
| --- | --- |

(e)

If the total width of the exits is determined by the number of passengers, the width of each exit shall be at least 0,005 m per passenger.

| (f) | Emergency exits shall have a shortest side at least 0,60 m long or a minimum diameter of 0,70 m. They shall open in the direction of escape and be marked on both sides. |
| --- | --- |

(f)

Emergency exits shall have a shortest side at least 0,60 m long or a minimum diameter of 0,70 m. They shall open in the direction of escape and be marked on both sides.

| (g) | Exits of rooms intended for use by persons with reduced mobility shall have a clear width of at least 0,90 m. Exits normally used for embarking and disembarking people with reduced mobility shall have a clear width of at least 1,50 m. |
| --- | --- |

(g)

Exits of rooms intended for use by persons with reduced mobility shall have a clear width of at least 0,90 m. Exits normally used for embarking and disembarking people with reduced mobility shall have a clear width of at least 1,50 m.

4.   Doors of passenger rooms shall comply with the following requirements:

| (a) | With the exception of doors leading to connecting corridors, they shall be capable of opening outwards or be constructed as sliding doors. |
| --- | --- |

(a)

With the exception of doors leading to connecting corridors, they shall be capable of opening outwards or be constructed as sliding doors.

| (b) | Cabin doors shall be made in such a way that they can also be unlocked from the outside at any time. |
| --- | --- |

(b)

Cabin doors shall be made in such a way that they can also be unlocked from the outside at any time.

| (c) | Powered doors shall open easily in the event of failure of the power supply to this mechanism. |
| --- | --- |

(c)

Powered doors shall open easily in the event of failure of the power supply to this mechanism.

| (d) | For doors intended for use by persons with reduced mobility, there shall be from the direction from which the door opens, a minimum clearance of 0,60 m between the inner edge of the doorframe on the lock side and an adjacent perpendicular wall. |
| --- | --- |

(d)

For doors intended for use by persons with reduced mobility, there shall be from the direction from which the door opens, a minimum clearance of 0,60 m between the inner edge of the doorframe on the lock side and an adjacent perpendicular wall.

5.   Connecting corridors shall comply with the following requirements:

| (a) | They shall have a clear width of at least 0,80 m or, if they lead to rooms used by more than 80 passengers, at least 0,01 m per passenger. |
| --- | --- |

(a)

They shall have a clear width of at least 0,80 m or, if they lead to rooms used by more than 80 passengers, at least 0,01 m per passenger.

| (b) | Their clear height shall be not less than 2,00 m. |
| --- | --- |

(b)

Their clear height shall be not less than 2,00 m.

| (c) | Connecting corridors intended for use by persons with reduced mobility shall have a clear width of 1,30 m. Connecting corridors more than 1,50 m wide shall have hand rails on either side. |
| --- | --- |

(c)

Connecting corridors intended for use by persons with reduced mobility shall have a clear width of 1,30 m. Connecting corridors more than 1,50 m wide shall have hand rails on either side.

| (d) | Where a part of the vessel or a room intended for passengers is served by a single connecting corridor, the clear width thereof shall be at least 1,00 m. |
| --- | --- |

(d)

Where a part of the vessel or a room intended for passengers is served by a single connecting corridor, the clear width thereof shall be at least 1,00 m.

| (e) | Connecting corridors shall be free of steps. |
| --- | --- |

(e)

Connecting corridors shall be free of steps.

| (f) | They shall lead only to open decks, rooms or staircases. |
| --- | --- |

(f)

They shall lead only to open decks, rooms or staircases.

| (g) | Dead ends in connecting corridors shall be not longer than two meters. |
| --- | --- |

(g)

Dead ends in connecting corridors shall be not longer than two meters.

6.   In addition to the provisions of section 5, escape routes shall also comply with the following requirements:

| (a) | Stairways, exits and emergency exits shall be so disposed that, in the event of a fire in any given area, the other areas may be evacuated safely. |
| --- | --- |

(a)

Stairways, exits and emergency exits shall be so disposed that, in the event of a fire in any given area, the other areas may be evacuated safely.

| (b) | The escape routes shall lead by the shortest route to evacuation areas according to section 8. |
| --- | --- |

(b)

The escape routes shall lead by the shortest route to evacuation areas according to section 8.

| (c) | Escape routes shall not lead through engine rooms or galleys. |
| --- | --- |

(c)

Escape routes shall not lead through engine rooms or galleys.

| (d) | There shall be no rungs, ladders or the like installed at any point along the escape routes. |
| --- | --- |

(d)

There shall be no rungs, ladders or the like installed at any point along the escape routes.

| (e) | Doors to escape routes shall be constructed in such a way as not to reduce the minimum width of the escape route referred to in section 5(a) or (d). |
| --- | --- |

(e)

Doors to escape routes shall be constructed in such a way as not to reduce the minimum width of the escape route referred to in section 5(a) or (d).

| (f) | Escape routes and emergency exits shall be clearly signed. The signs shall be lit by the emergency lighting system. |
| --- | --- |

(f)

Escape routes and emergency exits shall be clearly signed. The signs shall be lit by the emergency lighting system.

7.   Escape routes and emergency exits shall have a suitable safety guidance system.

8.   For all persons on board, there shall be muster areas available which satisfy the following requirements:

| (a) | The total area of the muster areas in m2 shall correspond to at least the value produced by the following formulae:







  Day trip vessels | : | AS = 0,35 · Fmax [m2] |
| --- | --- | --- | --- |
| Cabin vessels | : | AS = 0,45 · Fmax [m2] |

(a)

The total area of the muster areas in m2 shall correspond to at least the value produced by the following formulae:

2

Day trip vessels

:

AS = 0,35 · Fmax [m2]

S

max

2

Cabin vessels

:

AS = 0,45 · Fmax [m2]

S

max

2

In these formulae the following definition applies:

| Fmax | maximum permitted number of passengers on board |
| --- | --- |

Fmax

max

maximum permitted number of passengers on board

| (b) | Each individual muster or evacuation area shall be larger than 10 m2. |
| --- | --- |

(b)

Each individual muster or evacuation area shall be larger than 10 m2.

2

| (c) | The muster areas shall be clear of furniture, whether movable or fixed. |
| --- | --- |

(c)

The muster areas shall be clear of furniture, whether movable or fixed.

| (d) | If movable furniture is located in a room in which muster areas are defined, it shall be secured appropriately to avoid slipping. |
| --- | --- |

(d)

If movable furniture is located in a room in which muster areas are defined, it shall be secured appropriately to avoid slipping.

| (e) | Life-saving appliances shall be easily accessible from the evacuation areas. |
| --- | --- |

(e)

Life-saving appliances shall be easily accessible from the evacuation areas.

| (f) | It shall be possible to evacuate people safely from these evacuation areas, using either side of the vessel. |
| --- | --- |

(f)

It shall be possible to evacuate people safely from these evacuation areas, using either side of the vessel.

| (g) | The muster areas shall lie above the margin line. |
| --- | --- |

(g)

The muster areas shall lie above the margin line.

| (h) | The muster and evacuation areas are to be shown as such in the safety plan and signposted on board the vessel. |
| --- | --- |

(h)

The muster and evacuation areas are to be shown as such in the safety plan and signposted on board the vessel.

| (i) | If fixed seats or benches are located in a room in which muster areas are defined the corresponding number of persons need not be taken into account when calculating the total area of muster areas according to (a). However, the number of persons for whom fixed seats or benches in a certain room are taken into account must not exceed the number of persons for whom muster areas are available in this room. |
| --- | --- |

(i)

If fixed seats or benches are located in a room in which muster areas are defined the corresponding number of persons need not be taken into account when calculating the total area of muster areas according to (a). However, the number of persons for whom fixed seats or benches in a certain room are taken into account must not exceed the number of persons for whom muster areas are available in this room.

| (j) | The provisions of (d) and (i) shall also apply to free decks on which muster areas are defined. |
| --- | --- |

(j)

The provisions of (d) and (i) shall also apply to free decks on which muster areas are defined.

| (k) | If collective life-saving appliances complying with Article 15.09, section 5, are available on board, the number of persons for whom such appliances are available may be disregarded when calculating the total surface area of the muster areas referred to in (a). |
| --- | --- |

(k)

If collective life-saving appliances complying with Article 15.09, section 5, are available on board, the number of persons for whom such appliances are available may be disregarded when calculating the total surface area of the muster areas referred to in (a).

| (l) | However, in all cases where reductions according to (i) to (k) are applied, the total area according to (a) shall be sufficient for at least 50 % of the maximum permitted number of passengers. |
| --- | --- |

(l)

However, in all cases where reductions according to (i) to (k) are applied, the total area according to (a) shall be sufficient for at least 50 % of the maximum permitted number of passengers.

9.   Stairs and their landings in the passenger areas shall comply with the following requirements:

| (a) | They shall be constructed in accordance with European standard EN 13056:2000. |
| --- | --- |

(a)

They shall be constructed in accordance with European standard EN 13056:2000.

| (b) | They shall have a clear width of at least 0,80 m or, if they lead to connecting corridors or areas used by more than 80 passengers, at least 0,01 m per passenger. |
| --- | --- |

(b)

They shall have a clear width of at least 0,80 m or, if they lead to connecting corridors or areas used by more than 80 passengers, at least 0,01 m per passenger.

| (c) | They shall have a clear width of at least 1,00 m if they provide the only means of access to a room intended for passengers. |
| --- | --- |

(c)

They shall have a clear width of at least 1,00 m if they provide the only means of access to a room intended for passengers.

| (d) | Where there is not at least one staircase on each side of the vessel in the same room, they shall lie in the safe area. |
| --- | --- |

(d)

Where there is not at least one staircase on each side of the vessel in the same room, they shall lie in the safe area.

| (e) | In addition, stairs intended for use by persons with reduced mobility shall comply with the following requirements:






  (aa) | The gradient of the stairs shall not exceed 38°. |
| --- | --- | --- |

(e)

In addition, stairs intended for use by persons with reduced mobility shall comply with the following requirements:

(aa)

The gradient of the stairs shall not exceed 38°.

| (bb) | The stairs shall have a clear width of at least 0,90 m. |
| --- | --- |

(bb)

The stairs shall have a clear width of at least 0,90 m.

| (cc) | Spiral staircases are not allowed. |
| --- | --- |

(cc)

Spiral staircases are not allowed.

| (dd) | The stairs shall not run in a direction transverse to the vessel. |
| --- | --- |

(dd)

The stairs shall not run in a direction transverse to the vessel.

| (ee) | The handrails of the stairs shall extend approximately 0,30 m beyond the top and bottom of the stairs without restricting traffic routes. |
| --- | --- |

(ee)

The handrails of the stairs shall extend approximately 0,30 m beyond the top and bottom of the stairs without restricting traffic routes.

| (ff) | Handrails, front sides of at least the first and the last step as well as the floor coverings at the ends of the stairs shall be colour highlighted. |
| --- | --- |

(ff)

Handrails, front sides of at least the first and the last step as well as the floor coverings at the ends of the stairs shall be colour highlighted.

Lifts intended for persons with reduced mobility, and lifting equipment, like stairlifts or lifting platforms, shall be constructed according to a relevant standard or a regulation of a Member State.

10.   Parts of the deck intended for passengers, and which are not enclosed, shall comply with the following requirements:

| (a) | They shall be surrounded by a fixed bulwark or guard rail at least 1,00 m high or a railing according to the European standard EN 711:1995, construction type PF, PG or PZ. Bulwarks and railings of decks intended for use by persons with reduced mobility shall be at least 1,10 m high. |
| --- | --- |

(a)

They shall be surrounded by a fixed bulwark or guard rail at least 1,00 m high or a railing according to the European standard EN 711:1995, construction type PF, PG or PZ. Bulwarks and railings of decks intended for use by persons with reduced mobility shall be at least 1,10 m high.

| (b) | Openings and equipment for embarking or disembarking and also openings for loading or unloading shall be such that they can be secured and have a clear width of at least 1,00 m. Openings, used normally for the embarking or disembarking of persons with reduced mobility, shall have a clear width of at least 1,50 m. |
| --- | --- |

(b)

Openings and equipment for embarking or disembarking and also openings for loading or unloading shall be such that they can be secured and have a clear width of at least 1,00 m. Openings, used normally for the embarking or disembarking of persons with reduced mobility, shall have a clear width of at least 1,50 m.

| (c) | If the openings and equipment for embarking or disembarking cannot be observed from the wheelhouse, optical or electronic aids shall be provided. |
| --- | --- |

(c)

If the openings and equipment for embarking or disembarking cannot be observed from the wheelhouse, optical or electronic aids shall be provided.

| (d) | Passengers sitting down shall not interrupt sight lines in accordance with Article 7.02. |
| --- | --- |

(d)

Passengers sitting down shall not interrupt sight lines in accordance with Article 7.02.

11.   The parts of the vessel not intended for passengers, in particular access to the wheelhouse, to the winches and to the engine rooms, shall be such that they can be secured against unauthorised entry. At any such access, a symbol corresponding to Fig. 1 in Appendix I shall be displayed in a prominent position.

12.   Gangways shall be constructed in accordance with European standard EN 14206:2003. By way of derogation from Article 10.02, section 2(d), their length can be less than 4 m.

13.   Traffic areas intended for use by persons with reduced mobility shall have a clear width of 1,30 m and be free of doorsteps and sills more than 0,025 m high. Walls in traffic areas intended for use by persons with reduced mobility shall be equipped with handrails at a height of 0,90 m above the floor.

14.   Glass doors and walls in traffic areas and also window panes shall be manufactured from pre-stressed glass or laminated glass. They may also be made from a synthetic material, provided this is authorised for use in a fire-protection context.

Transparent doors and transparent walls extending as far as the floor in traffic areas shall be prominently marked.

15.   Superstructures or their roofs consisting completely of panoramic panes shall only be manufactured from materials which, in the event of an accident, reduce as much as possible the risks of injury to the persons on board.

16.   Potable water systems shall, at least, comply with the requirements of Article 12.05.

17.   There shall be toilets available for passengers. At least one toilet shall be fitted for use by persons with reduced mobility according to a relevant standard or a regulation of a Member State and shall be accessible from areas intended for use by persons with reduced mobility.

18.   Cabins without an opening window shall be connected to a ventilation system.

19.   By analogy, rooms in which crew members or shipboard personnel are accommodated shall comply with the provisions of this Article.

Article 15.07

Propulsion system

In addition to the main propulsion system, vessels shall be equipped with a second independent propulsion system so as to ensure that, in the event of a breakdown affecting the main propulsion system, the vessel can continue to make steerageway under its own power.

The second independent propulsion system shall be placed in a separate engine room. If both engine rooms have common partitions, these shall be built according to Article 15.11, section 2.

Article 15.08

Safety devices and equipment

1.   All passenger vessels shall have internal communication facilities according to Article 7.08. Such facilities shall also be available in the operation rooms and — where there is no direct communication from the wheelhouse — in the access and evacuation areas for passengers as referred to in Article 15.06, section 8.

2.   All passenger areas shall be reachable via a loudspeaker system. The system shall be designed in such a way as to ensure that the information transmitted can be clearly distinguished from background noise. Loudspeakers are optional where direct communication between the wheelhouse and the passenger area is possible.

3.   The vessel shall be equipped with an alarm system. The system shall include:

| (a) | An alarm system enabling passengers, crew members and shipboard personnel to alert the vessel's command and crew.
  This alarm should be given only in areas assigned to the vessel's command and to the crew; it should only be possible for the vessel's command to stop the alarm. The alarm shall be capable of being triggered from at least the following places:






  (aa) | in each cabin; |
| --- | --- | --- |

(a)

An alarm system enabling passengers, crew members and shipboard personnel to alert the vessel's command and crew.

This alarm should be given only in areas assigned to the vessel's command and to the crew; it should only be possible for the vessel's command to stop the alarm. The alarm shall be capable of being triggered from at least the following places:

(aa)

in each cabin;

| (bb) | in the corridors, lifts and stairwells, with the distance to the nearest trigger not exceeding 10 m and with at least one trigger per watertight compartment; |
| --- | --- |

(bb)

in the corridors, lifts and stairwells, with the distance to the nearest trigger not exceeding 10 m and with at least one trigger per watertight compartment;

| (cc) | in lounges, dining rooms and similar recreation rooms; |
| --- | --- |

(cc)

in lounges, dining rooms and similar recreation rooms;

| (dd) | in toilets, intended for use by persons with reduced mobility; |
| --- | --- |

(dd)

in toilets, intended for use by persons with reduced mobility;

| (ee) | in engine rooms, galleys and similar rooms where there is a fire risk; |
| --- | --- |

(ee)

in engine rooms, galleys and similar rooms where there is a fire risk;

| (ff) | in the cold-storage rooms and other store rooms. |
| --- | --- |

(ff)

in the cold-storage rooms and other store rooms.

The alarm triggers shall be installed at a height above the floor of 0,85 m to 1,10 m.

| (b) | An alarm system enabling the vessel's command to alert passengers.
  This alarm shall be clearly and unmistakably audible in all rooms accessible to passengers. It shall be capable of being triggered from the wheelhouse and from a location that is permanently staffed. |
| --- | --- |

(b)

An alarm system enabling the vessel's command to alert passengers.

This alarm shall be clearly and unmistakably audible in all rooms accessible to passengers. It shall be capable of being triggered from the wheelhouse and from a location that is permanently staffed.

| (c) | An alarm system enabling the vessel's command to alert the crew and shipboard personnel.
  The alarm system referred to in Article 7.09, section 1, shall also reach the recreation rooms for the shipboard personnel, the cold-storage rooms and other store rooms. |
| --- | --- |

(c)

An alarm system enabling the vessel's command to alert the crew and shipboard personnel.

The alarm system referred to in Article 7.09, section 1, shall also reach the recreation rooms for the shipboard personnel, the cold-storage rooms and other store rooms.

Alarm triggers shall be protected against unintentional use.

4.   Each watertight compartment shall be fitted with a bilge level alarm.

5.   Two motor-driven bilge pumps shall be provided.

6.   A permanently installed drainage system according to Article 8.08, section 4, shall be provided on board.

7.   Cold-storage room doors, even when locked, shall also be capable of being opened from the inside.

8.   Where CO2 bar-systems are situated in rooms below deck these rooms shall be fitted with an automatic ventilation system which turns itself on automatically when the door or hatch to the room is opened. The ventilation ducts shall run down to 0,05 m from the floor of this room.

2

9.   In addition to the first-aid kit according to Article 10.02, section 2(f), further first-aid kits shall be provided in sufficient number. The first-aid kits and their storage shall comply with the requirements set out in Article 10.02, section 2(f).

Article 15.09

Life-saving equipment

1.   In addition to the lifebuoys specified in Article 10.05, section 1, all parts of the deck intended for passengers and not enclosed shall be equipped with lifebuoys in accordance with the European standard EN 14144:2003 on both sides of the vessel, positioned not more than 20 m apart.

Half of all the prescribed lifebuoys shall be fitted with a buoyant cord at least 30 m long with a diameter of 8 to 11 mm. The other half of the prescribed lifebuoys shall be fitted with a self-igniting, battery-powered light which will not be extinguished in water.

2.   In addition to the lifebuoys referred to in section 1, the following equipment shall be available and ready for use:

| (a) | individual life-saving equipment according to Article 10.05, section 2, for shipboard personnel responsible for undertaking duties according to the safety rota; |
| --- | --- |

(a)

individual life-saving equipment according to Article 10.05, section 2, for shipboard personnel responsible for undertaking duties according to the safety rota;

| (b) | individual life-saving equipment according to European standard EN 395:1998 or EN 396:1998 for other shipboard personnel. |
| --- | --- |

(b)

individual life-saving equipment according to European standard EN 395:1998 or EN 396:1998 for other shipboard personnel.

3.   Passenger vessels shall have appropriate equipment to enable persons to be transferred safely to shallow water, to the bank or to another craft.

4.   In addition to the life-saving equipment referred to in sections 1 and 2, individual life-saving equipment according to European standard EN 395:1998 or EN 396:1998 shall be available for 100 % of the maximum permitted number of passengers.

Where individual life-saving equipment as referred to in the first paragraph is not also suitable for children, individual life-saving equipment according to European standard EN 395:1998 for children weighing not more than 30 kg shall be available for 10 % of the maximum number of permitted passengers.

5.   The term ‘collective life-saving equipment’ covers ship's boats according to Article 10.04, and life rafts.

Life rafts shall:

| (a) | bear a notice indicating their purpose and the number of persons for whom they are approved; |
| --- | --- |

(a)

bear a notice indicating their purpose and the number of persons for whom they are approved;

| (b) | offer adequate seating space for the permitted number of persons; |
| --- | --- |

(b)

offer adequate seating space for the permitted number of persons;

| (c) | provide a buoyancy of at least 750 N per person in fresh water; |
| --- | --- |

(c)

provide a buoyancy of at least 750 N per person in fresh water;

| (d) | be provided with a rope linked to the passenger vessel to prevent them drifting away; |
| --- | --- |

(d)

be provided with a rope linked to the passenger vessel to prevent them drifting away;

| (e) | be made of suitable materials and be resistant to oil, oil products and temperatures up to 50 °C; |
| --- | --- |

(e)

be made of suitable materials and be resistant to oil, oil products and temperatures up to 50 °C;

| (f) | assume and maintain a stable trim and, in this respect, be fitted with appropriate devices enabling them to be grabbed by the indicated number of persons; |
| --- | --- |

(f)

assume and maintain a stable trim and, in this respect, be fitted with appropriate devices enabling them to be grabbed by the indicated number of persons;

| (g) | be fluorescent orange in colour or have fluorescent surfaces, visible from all sides, of at least 100 cm2; |
| --- | --- |

(g)

be fluorescent orange in colour or have fluorescent surfaces, visible from all sides, of at least 100 cm2;

2

| (h) | be such that they can be released from their stowed position and put overboard quickly and safely by one person, or can float free from their stowed position; |
| --- | --- |

(h)

be such that they can be released from their stowed position and put overboard quickly and safely by one person, or can float free from their stowed position;

| (i) | be provided with appropriate means of evacuation from the evacuation areas referred to in Article 15.06, section 8, onto the life rafts if the vertical distance between the deck of the evacuation areas and the plane of maximum draught is greater than 1 m. |
| --- | --- |

(i)

be provided with appropriate means of evacuation from the evacuation areas referred to in Article 15.06, section 8, onto the life rafts if the vertical distance between the deck of the evacuation areas and the plane of maximum draught is greater than 1 m.

6.   Additional collective life-saving appliances are items of life-saving equipment which ensure the buoyancy of several persons in the water. These shall:

| (a) | bear a notice indicating their purpose and the number of persons for whom they are approved; |
| --- | --- |

(a)

bear a notice indicating their purpose and the number of persons for whom they are approved;

| (b) | provide a buoyancy of at least 100 N per person in fresh water; |
| --- | --- |

(b)

provide a buoyancy of at least 100 N per person in fresh water;

| (c) | be made of suitable materials and be resistant to oil, oil products and to temperatures of up to 50 °C; |
| --- | --- |

(c)

be made of suitable materials and be resistant to oil, oil products and to temperatures of up to 50 °C;

| (d) | assume and maintain a stable trim and, in this respect, be fitted with appropriate devices enabling them to be grabbed by the indicated number of persons; |
| --- | --- |

(d)

assume and maintain a stable trim and, in this respect, be fitted with appropriate devices enabling them to be grabbed by the indicated number of persons;

| (e) | be fluorescent orange in colour or have fluorescent surfaces, visible from all sides, of at least 100 cm2; |
| --- | --- |

(e)

be fluorescent orange in colour or have fluorescent surfaces, visible from all sides, of at least 100 cm2;

2

| (f) | be such that they can be released from their stowed position and put overboard quickly and safely by one person, or can float free from their stowed position. |
| --- | --- |

(f)

be such that they can be released from their stowed position and put overboard quickly and safely by one person, or can float free from their stowed position.

7.   Inflatable collective life-saving appliances shall in addition:

| (a) | comprise at least two separate air compartments; |
| --- | --- |

(a)

comprise at least two separate air compartments;

| (b) | inflate automatically or by manual command when launched; |
| --- | --- |

(b)

inflate automatically or by manual command when launched;

| (c) | assume and maintain a stable trim irrespective of the load to be supported, even when only half the air compartments are inflated. |
| --- | --- |

(c)

assume and maintain a stable trim irrespective of the load to be supported, even when only half the air compartments are inflated.

8.   The life-saving appliances shall be stowed on board in such a way that they can be reached easily and safely when required. Concealed storage places shall be clearly marked.

9.   Life-saving equipment shall be checked according to the manufacturer's instructions.

10.   The ship's boat shall be equipped with an engine and a searchlight.

11.   A suitable stretcher shall be available.

Article 15.10

Electrical Equipment

1.   Only electrical equipment shall be permitted for lighting.

2.   Article 9.16, section 3, shall also apply additionally for passageways and recreation rooms for passengers.

3.   For the following rooms and locations, adequate lighting and emergency lighting shall be provided:

| (a) | locations where life-saving equipment is stored and where such equipment is normally prepared for use; |
| --- | --- |

(a)

locations where life-saving equipment is stored and where such equipment is normally prepared for use;

| (b) | escape routes, access for passengers, including gangways, entrances and exits, connecting corridors, lifts and accommodation area companionways, cabin areas and accommodation areas; |
| --- | --- |

(b)

escape routes, access for passengers, including gangways, entrances and exits, connecting corridors, lifts and accommodation area companionways, cabin areas and accommodation areas;

| (c) | markings on the escape routes and emergency exits; |
| --- | --- |

(c)

markings on the escape routes and emergency exits;

| (d) | in other areas intended for use by persons with reduced mobility; |
| --- | --- |

(d)

in other areas intended for use by persons with reduced mobility;

| (e) | operation rooms, engine rooms, steering equipment rooms and their exits; |
| --- | --- |

(e)

operation rooms, engine rooms, steering equipment rooms and their exits;

| (f) | wheelhouse; |
| --- | --- |

(f)

wheelhouse;

| (g) | emergency power supply room; |
| --- | --- |

(g)

emergency power supply room;

| (h) | points at which extinguishers and fire extinguishing equipment controls are located; |
| --- | --- |

(h)

points at which extinguishers and fire extinguishing equipment controls are located;

| (i) | areas in which passengers, shipboard personnel and crew muster in the event of danger. |
| --- | --- |

(i)

areas in which passengers, shipboard personnel and crew muster in the event of danger.

4.   There shall be an emergency power plant, consisting of an emergency power source and emergency switchboard, which, in the event of a failure of the supply to the following electrical equipment, can immediately take over as their replacement supply, where the equipment does not have its own power source:

| (a) | signal lights; |
| --- | --- |

(a)

signal lights;

| (b) | audible warning devices; |
| --- | --- |

(b)

audible warning devices;

| (c) | emergency lighting in accordance with section 3; |
| --- | --- |

(c)

emergency lighting in accordance with section 3;

| (d) | radiotelephone installations; |
| --- | --- |

(d)

radiotelephone installations;

| (e) | alarm, loudspeaker and on-board message communications systems; |
| --- | --- |

(e)

alarm, loudspeaker and on-board message communications systems;

| (f) | searchlights according to Article 10.02, section 2(i); |
| --- | --- |

(f)

searchlights according to Article 10.02, section 2(i);

| (g) | fire alarm system; |
| --- | --- |

(g)

fire alarm system;

| (h) | other safety equipment such as automatic pressurised sprinkler systems or fire extinguishing pumps; |
| --- | --- |

(h)

other safety equipment such as automatic pressurised sprinkler systems or fire extinguishing pumps;

| (i) | lifts and lifting equipment within the meaning of Article 15.06, section 9, second sentence. |
| --- | --- |

(i)

lifts and lifting equipment within the meaning of Article 15.06, section 9, second sentence.

5.   The light fittings for the emergency lighting shall be marked as such.

6.   The emergency power plant shall be installed outside the main engine room, outside the rooms housing the power sources referred to in Article 9.02, section 1, and outside the room where the main switchboard is located; it shall be separated from these rooms by partitions according to Article 15.11, section 2.

Cables feeding the electrical installations in the event of an emergency shall be installed and routed in such a way as to maintain the continuity of supply of these installations in the event of fire or flooding. These cables shall never be routed through the main engine room, galleys or rooms where the main power source and its connected equipment is installed, except insofar as it is necessary to provide emergency equipment in such areas.

The emergency power plant shall be installed above the margin line.

7.   The following are admissible for use as an emergency power source:

| (a) | auxiliary generator sets with their own independent fuel supply and independent cooling system which, in the event of a power failure, turn on and take over the supply of power within 30 seconds automatically or, if they are located in the immediate vicinity of the wheelhouse or any other location permanently manned by crew members, can be turned on manually, or |
| --- | --- |

(a)

auxiliary generator sets with their own independent fuel supply and independent cooling system which, in the event of a power failure, turn on and take over the supply of power within 30 seconds automatically or, if they are located in the immediate vicinity of the wheelhouse or any other location permanently manned by crew members, can be turned on manually, or

| (b) | accumulator batteries, which, in the event of a power failure, turn on automatically or, if they are located in the immediate vicinity of the wheelhouse or any other location permanently manned by crew members, can be turned on manually. They shall be capable of powering the abovementioned power consumers throughout the prescribed period without recharging and without an unacceptable voltage reduction. |
| --- | --- |

(b)

accumulator batteries, which, in the event of a power failure, turn on automatically or, if they are located in the immediate vicinity of the wheelhouse or any other location permanently manned by crew members, can be turned on manually. They shall be capable of powering the abovementioned power consumers throughout the prescribed period without recharging and without an unacceptable voltage reduction.

8.   The projected operating period for the emergency power supply is to be defined according to the defined purpose of the passenger vessel. It shall not be less than 30 minutes.

9.   The insulation resistances and the earthing for electrical systems shall be tested on the occasion of inspections according to Article 2.09.

10.   The power sources according to Article 9.02, section 1, shall be independent of each other.

11.   A failure of the main or emergency power equipment shall not mutually affect the operational safety of the installations.

Article 15.11

Fire protection

1.   The suitability for fire protection of materials and components shall be established by an accredited test institution on the basis of appropriate test methods.

| (a) | The test institution shall satisfy:






  (aa) | the Code for Fire Test Procedures, or |
| --- | --- | --- |

(a)

The test institution shall satisfy:

(aa)

the Code for Fire Test Procedures, or

| (bb) | European standard EN ISO/IEC 17025:2000 concerning the general requirements for the competence of testing and calibration laboratories. |
| --- | --- |

(bb)

European standard EN ISO/IEC 17025:2000 concerning the general requirements for the competence of testing and calibration laboratories.

| (b) | The recognised test methods for determining the non-flammability of materials are:






  (aa) | Annex I, Part 1, of the Code for Fire Test Procedures, and |
| --- | --- | --- |

(b)

The recognised test methods for determining the non-flammability of materials are:

(aa)

Annex I, Part 1, of the Code for Fire Test Procedures, and

| (bb) | the equivalent regulations of one of the Member States. |
| --- | --- |

(bb)

the equivalent regulations of one of the Member States.

| (c) | The recognised test methods for determining that a material is flame-retardant are:






  (aa) | the respective requirements laid down in Annex I, Parts 5 (Surface flammability test), 6 (Test for the deck coverings), 7 (Test for hanging textiles and plastics), 8 (Test for upholstered furniture) and 9 (Test for components of bedding) of the Code for Fire Test Procedures, and |
| --- | --- | --- |

(c)

The recognised test methods for determining that a material is flame-retardant are:

(aa)

the respective requirements laid down in Annex I, Parts 5 (Surface flammability test), 6 (Test for the deck coverings), 7 (Test for hanging textiles and plastics), 8 (Test for upholstered furniture) and 9 (Test for components of bedding) of the Code for Fire Test Procedures, and

| (bb) | the equivalent regulations of one of the Member States. |
| --- | --- |

(bb)

the equivalent regulations of one of the Member States.

| (d) | The recognised test methods for determining fire resistance are:






  (aa) | IMO Resolution A.754 (18), and |
| --- | --- | --- |

(d)

The recognised test methods for determining fire resistance are:

(aa)

IMO Resolution A.754 (18), and

| (bb) | the equivalent regulations of one of the Member States. |
| --- | --- |

(bb)

the equivalent regulations of one of the Member States.

2.   Partitions between rooms shall be designed in accordance with the following tables:

Table for partitions between rooms, in which no pressurised sprinkler systems according to Article 10.03a are installed

| Rooms | Control centres | Stairwells | Muster areas | Lounges | Engine rooms | Galleys | Store rooms |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Control centres | — | A0 | A0/B15 (6) | A30 | A60 | A60 | A60 |
| Stairwells | | — | A0 | A30 | A60 | A60 | A60 |
| Muster areas | | | — | A30/B15 (7) | A60 | A60 | A60 |
| Lounges | | | | —/B15 (8) | A60 | A60 | A60 |
| Engine rooms | | | | | A60/A0 (9) | A60 | A60 |
| Galleys | | | | | | A0 | A60/B15 (10) |
| Store rooms | | | | | | | — |

Rooms

Control centres

Stairwells

Muster areas

Lounges

Engine rooms

Galleys

Store rooms

Control centres

—

A0

A0/B15 (6)

6

A30

A60

A60

A60

Stairwells

—

A0

A30

A60

A60

A60

Muster areas

—

A30/B15 (7)

7

A60

A60

A60

Lounges

—/B15 (8)

8

A60

A60

A60

Engine rooms

A60/A0 (9)

9

A60

A60

Galleys

A0

A60/B15 (10)

10

Store rooms

—

Table for partitions between rooms, in which pressurised sprinkler systems according to Article 10.03a are installed

| Rooms | Control centres | Stairwells | Muster areas | Lounges | Engine rooms | Galleys | Store rooms |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Control centres | — | A0 | A0/B15 (11) | A0 | A60 | A60 | A30 |
| Stairwells | | — | A0 | A0 | A60 | A30 | A0 |
| Muster areas | | | — | A30/B15 (12) | A60 | A60 | A60 |
| Lounges | | | | —/B0 (13) | A60 | A30 | A0 |
| Engine rooms | | | | | A60/A0 (14) | A60 | A60 |
| Galleys | | | | | | — | B15 |
| Store rooms | | | | | | | — |

Rooms

Control centres

Stairwells

Muster areas

Lounges

Engine rooms

Galleys

Store rooms

Control centres

—

A0

A0/B15 (11)

11

A0

A60

A60

A30

Stairwells

—

A0

A0

A60

A30

A0

Muster areas

—

A30/B15 (12)

12

A60

A60

A60

Lounges

—/B0 (13)

13

A60

A30

A0

Engine rooms

A60/A0 (14)

14

A60

A60

Galleys

—

B15

Store rooms

—

| (a) | Type A partitions are bulkheads, walls and decks which satisfy the following requirements:






  (aa) | They are made of steel or of another equivalent material. |
| --- | --- | --- |

(a)

Type A partitions are bulkheads, walls and decks which satisfy the following requirements:

(aa)

They are made of steel or of another equivalent material.

| (bb) | They are appropriately stiffened. |
| --- | --- |

(bb)

They are appropriately stiffened.

| (cc) | They are insulated with an approved non-combustible material such that the average temperature on the side facing away from the fire rises to not more than 140 °C above the initial temperature and at no point, including the gaps at the joints, does a temperature increase of more than 180 °C above the initial temperature occur within the following specified periods:






  Type A60 | 60 minutes |
| --- | --- | --- |
| Type A30 | 30 minutes |
| Type A0 | 0 minutes. |

(cc)

They are insulated with an approved non-combustible material such that the average temperature on the side facing away from the fire rises to not more than 140 °C above the initial temperature and at no point, including the gaps at the joints, does a temperature increase of more than 180 °C above the initial temperature occur within the following specified periods:

Type A60

60 minutes

Type A30

30 minutes

Type A0

0 minutes.

| (dd) | They are constructed in such a way as to prevent the transmission of smoke and flames until the end of the one-hour normal fire test. |
| --- | --- |

(dd)

They are constructed in such a way as to prevent the transmission of smoke and flames until the end of the one-hour normal fire test.

| (b) | Type B partitions are bulkheads, walls, decks, ceilings or facings that meet the following requirements:






  (aa) | They are made of an approved non-combustible material. Furthermore, all materials used in the manufacture and assembly of partitions shall be non-combustible, except for the facing, which shall be at least flame retardant. |
| --- | --- | --- |

(b)

Type B partitions are bulkheads, walls, decks, ceilings or facings that meet the following requirements:

(aa)

They are made of an approved non-combustible material. Furthermore, all materials used in the manufacture and assembly of partitions shall be non-combustible, except for the facing, which shall be at least flame retardant.

| (bb) | They demonstrate an insulation value such that the average temperature on the side facing away from the fire rises to not more than 140 °C above the initial temperature and at no point, including the gaps at the joints, does a temperature increase of more than 225 °C above the initial temperature occur within the following specified periods:






  Type B15 | 15 minutes |
| --- | --- | --- |
| Type B0 | 0 minutes. |

(bb)

They demonstrate an insulation value such that the average temperature on the side facing away from the fire rises to not more than 140 °C above the initial temperature and at no point, including the gaps at the joints, does a temperature increase of more than 225 °C above the initial temperature occur within the following specified periods:

Type B15

15 minutes

Type B0

0 minutes.

| (cc) | They are constructed in such a way as to prevent the transmission of flames until the end of the first half hour of the normal fire test. |
| --- | --- |

(cc)

They are constructed in such a way as to prevent the transmission of flames until the end of the first half hour of the normal fire test.

| (c) | The inspection body may, in accordance with the Code for Fire Test Procedures, prescribe a test on a sample partition in order to ensure compliance with the above provisions on resistivity and temperature increase. |
| --- | --- |

(c)

The inspection body may, in accordance with the Code for Fire Test Procedures, prescribe a test on a sample partition in order to ensure compliance with the above provisions on resistivity and temperature increase.

3.   Paints, lacquers and other surface treatment products as well as deck coverings used in rooms except engine rooms and store rooms shall be flame-retardant. Carpets, fabrics, curtains and other hanging textile materials as well as upholstered furniture and components of bedding shall be flame-retardant if the rooms in which they are located are not equipped with a pressurised sprinkler system according to Article 10.03a.

4.   Lounge ceilings and wall claddings, including their substructures, shall, where these lounges do not have a pressurised sprinkler system according to Article 10.03a, be manufactured from non-combustible materials with the exception of their surfaces, which shall be at least flame-retardant.

5.   Furniture and fittings in lounges which serve as muster areas shall, where the rooms do not have a pressurised sprinkler system according to Article 10.03a, be manufactured from non-combustible materials.

6.   Paints, lacquers and other materials used on exposed internal areas shall not produce excessive amounts of smoke or toxic substances. This shall be proven in accordance with the Code for Fire Test Procedures.

7.   Insulation materials in lounges shall be non-combustible. This does not apply to insulations used on coolant-carrying pipes. The surfaces of the insulation materials used on these pipes shall be at least flame-retardant.

8.   Doors in partitions according to section 2 shall satisfy the following requirements:

| (a) | They shall satisfy the same requirements set out in section 2 as the partitions themselves. |
| --- | --- |

(a)

They shall satisfy the same requirements set out in section 2 as the partitions themselves.

| (b) | They shall be self-closing in the case of doors in partition walls according to section 10 or in the case of enclosures around engine rooms, galleys and stairwells. |
| --- | --- |

(b)

They shall be self-closing in the case of doors in partition walls according to section 10 or in the case of enclosures around engine rooms, galleys and stairwells.

| (c) | Self-closing doors which remain open in normal operation shall be such that they can be closed from a location permanently manned by shipboard personnel or crew members. Once a door has been remotely closed, it shall be possible to reopen and close it safely on the spot. |
| --- | --- |

(c)

Self-closing doors which remain open in normal operation shall be such that they can be closed from a location permanently manned by shipboard personnel or crew members. Once a door has been remotely closed, it shall be possible to reopen and close it safely on the spot.

| (d) | Watertight doors according to Article 15.02 need not be insulated. |
| --- | --- |

(d)

Watertight doors according to Article 15.02 need not be insulated.

9.   Walls according to section 2 shall be continuous from deck to deck or end at continuous ceilings, which satisfy the same requirements as referred to in section 2.

10.   The following passenger areas shall be divided by vertical partitions as referred to in section 2:

| (a) | passenger areas with a total surface area of more than 800 m2; |
| --- | --- |

(a)

passenger areas with a total surface area of more than 800 m2;

2

| (b) | passenger areas in which there are cabins, at intervals of not more than 40 m. |
| --- | --- |

(b)

passenger areas in which there are cabins, at intervals of not more than 40 m.

The vertical partitions shall be smoke-tight under normal operating conditions and shall be continuous from deck to deck.

11.   Hollows above ceilings, beneath floors and behind wall claddings shall be separated at intervals of not more than 14 m by non-combustible draught stops which, even in the event of fire, provide an effective fireproof seal.

12.   Stairs shall be made of steel or another equivalent non-combustible material.

13.   Internal stairs and lifts shall be encapsulated at all levels by walls according to section 2. The following exceptions are permissible:

| (a) | a staircase connecting only two decks does not need to be encapsulated, if on one of the decks the staircase is enclosed according to section 2; |
| --- | --- |

(a)

a staircase connecting only two decks does not need to be encapsulated, if on one of the decks the staircase is enclosed according to section 2;

| (b) | in a lounge, stairs need not be encapsulated if they are located entirely within the interior of this room, and






  (aa) | if this room extends over only two decks, or |
| --- | --- | --- |

(b)

in a lounge, stairs need not be encapsulated if they are located entirely within the interior of this room, and

(aa)

if this room extends over only two decks, or

| (bb) | if there is a pressurised sprinkler system according to Article 10.03a installed in this room on all decks, this room has a smoke extraction system according to section 16 and the room has access on all decks to a stairwell. |
| --- | --- |

(bb)

if there is a pressurised sprinkler system according to Article 10.03a installed in this room on all decks, this room has a smoke extraction system according to section 16 and the room has access on all decks to a stairwell.

14.   Ventilation systems and air supply systems shall satisfy the following requirements:

| (a) | They shall be designed in such a way as to ensure that they themselves do not cause the spread of fire and smoke. |
| --- | --- |

(a)

They shall be designed in such a way as to ensure that they themselves do not cause the spread of fire and smoke.

| (b) | Openings for air intake and extraction and air supply systems shall be such that they can be closed off. |
| --- | --- |

(b)

Openings for air intake and extraction and air supply systems shall be such that they can be closed off.

| (c) | Ventilation ducts shall be made from steel or an equivalent non-combustible material and be securely connected to each other and to the superstructure of the vessel. |
| --- | --- |

(c)

Ventilation ducts shall be made from steel or an equivalent non-combustible material and be securely connected to each other and to the superstructure of the vessel.

| (d) | When ventilation ducts with a cross-section of more than 0,02 m2 are passed through partitions according to section 2 of Type A or partitions according to section 10, they shall be fitted with automatic fire dampers which can be operated from a location permanently manned by shipboard personnel or crew members. |
| --- | --- |

(d)

When ventilation ducts with a cross-section of more than 0,02 m2 are passed through partitions according to section 2 of Type A or partitions according to section 10, they shall be fitted with automatic fire dampers which can be operated from a location permanently manned by shipboard personnel or crew members.

2

| (e) | Ventilation systems for galleys and engine rooms shall be separated from ventilation systems which supply other areas. |
| --- | --- |

(e)

Ventilation systems for galleys and engine rooms shall be separated from ventilation systems which supply other areas.

| (f) | Air extraction ducts shall be provided with lockable openings for inspection and cleaning. These openings shall be located close to the fire dampers. |
| --- | --- |

(f)

Air extraction ducts shall be provided with lockable openings for inspection and cleaning. These openings shall be located close to the fire dampers.

| (g) | Built-in ventilators shall be such that they can be switched off from a central location outside the engine room. |
| --- | --- |

(g)

Built-in ventilators shall be such that they can be switched off from a central location outside the engine room.

15.   Galleys shall be fitted with ventilation systems and stoves with extractors. The air extraction ducts of the extractors shall satisfy the requirements according to section 14 and, additionally, be fitted with manually operated fire dampers at the inlet openings.

16.   Control centres, stairwells and internal evacuation areas shall be fitted with natural or mechanical smoke extraction systems. Smoke extraction systems shall satisfy the following requirements:

| (a) | They shall offer sufficient capacity and reliability. |
| --- | --- |

(a)

They shall offer sufficient capacity and reliability.

| (b) | They shall comply with the operating conditions for passenger vessels. |
| --- | --- |

(b)

They shall comply with the operating conditions for passenger vessels.

| (c) | If smoke extraction systems also serve as general ventilators for the rooms, this shall not hinder their function as smoke extraction systems in the event of a fire. |
| --- | --- |

(c)

If smoke extraction systems also serve as general ventilators for the rooms, this shall not hinder their function as smoke extraction systems in the event of a fire.

| (d) | Smoke extraction systems shall have a manually operated triggering device. |
| --- | --- |

(d)

Smoke extraction systems shall have a manually operated triggering device.

| (e) | Mechanical smoke extraction systems shall additionally be such that they can be operated from a location permanently manned by shipboard personnel or crew members. |
| --- | --- |

(e)

Mechanical smoke extraction systems shall additionally be such that they can be operated from a location permanently manned by shipboard personnel or crew members.

| (f) | Natural smoke extraction systems shall be fitted with an opening mechanism, operated either manually or by a power source inside the extraction system. |
| --- | --- |

(f)

Natural smoke extraction systems shall be fitted with an opening mechanism, operated either manually or by a power source inside the extraction system.

| (g) | Manually operated triggering devices and opening mechanisms shall be accessible from inside or outside the room being protected. |
| --- | --- |

(g)

Manually operated triggering devices and opening mechanisms shall be accessible from inside or outside the room being protected.

17.   Lounges not constantly supervised by shipboard personnel or crew members, galleys, engine rooms and other rooms presenting a fire risk shall be connected to an appropriate fire alarm system. The existence of a fire and its exact whereabouts shall be automatically displayed at a location permanently manned by shipboard personnel or crew members.

Article 15.12

Fire-fighting

1.   In addition to the portable extinguishers according to Article 10.03, at least the following portable extinguishers shall be available on board:

| (a) | one portable extinguisher for every 120 m2 of gross floor area in passenger areas; |
| --- | --- |

(a)

one portable extinguisher for every 120 m2 of gross floor area in passenger areas;

2

| (b) | one portable extinguisher per group of 10 cabins, rounded upwards; |
| --- | --- |

(b)

one portable extinguisher per group of 10 cabins, rounded upwards;

| (c) | one portable extinguisher in each galley and in the vicinity of any room in which flammable liquids are stored or used. In galleys the extinguishing agent shall also be suitable for fighting fat fires. |
| --- | --- |

(c)

one portable extinguisher in each galley and in the vicinity of any room in which flammable liquids are stored or used. In galleys the extinguishing agent shall also be suitable for fighting fat fires.

These additional fire extinguishers shall meet the requirements laid down in Article 10.03, section 2, and be installed and distributed on the vessel so that, in the event of a fire starting at any point and at any time, a fire extinguisher can be reached immediately. In every galley and also in hairdressing salons and perfumeries, there shall be a fire blanket to hand.

2.   Passenger vessels shall be provided with a hydrant system consisting of:

| (a) | two motor-driven fire extinguishing pumps of sufficient capacity, at least one of which is permanently installed; |
| --- | --- |

(a)

two motor-driven fire extinguishing pumps of sufficient capacity, at least one of which is permanently installed;

| (b) | one fire extinguisher line with a sufficient number of hydrants with permanently connected fire hoses at least 20 m in length and fitted with a nozzle capable of producing both a mist and a jet of water and incorporating a shut-off facility. |
| --- | --- |

(b)

one fire extinguisher line with a sufficient number of hydrants with permanently connected fire hoses at least 20 m in length and fitted with a nozzle capable of producing both a mist and a jet of water and incorporating a shut-off facility.

3.   Hydrant systems shall be designed and dimensioned in such a way that:

| (a) | any point of the vessel can be reached from at least two hydrants in different places, each with a single hose length of not more than 20 m; |
| --- | --- |

(a)

any point of the vessel can be reached from at least two hydrants in different places, each with a single hose length of not more than 20 m;

| (b) | the pressure at the hydrants is at least 300 kPa, and |
| --- | --- |

(b)

the pressure at the hydrants is at least 300 kPa, and

| (c) | on all decks a water jet length of at least 6 m can be attained. |
| --- | --- |

(c)

on all decks a water jet length of at least 6 m can be attained.

If a hydrant chest is provided, an ‘extinguisher hose’ symbol similar to that shown in Fig. 5 in Appendix I, of at least 10 cm side length, shall be affixed to the outside of the chest.

4.   Hydrant valves with screw threads or cocks shall be such that they can be set so that each of the fire hoses can be separated and removed during operation of the fire extinguishing pumps.

5.   Fire extinguisher hoses in the internal area shall be rolled up on an axially connected reel.

6.   Materials for fire-fighting equipment shall either be heat-resistant or shall be suitably protected against failure to work when subjected to high temperatures.

7.   Pipes and hydrants shall be arranged in such a way that the possibility of freezing is avoided.

8.   The fire extinguishing pumps shall:

| (a) | be installed or housed in separate rooms; |
| --- | --- |

(a)

be installed or housed in separate rooms;

| (b) | be such that they can be operated independently of each other; |
| --- | --- |

(b)

be such that they can be operated independently of each other;

| (c) | each be capable, on all decks, of maintaining the necessary pressure at the hydrants and achieving the requisite length of water jet; |
| --- | --- |

(c)

each be capable, on all decks, of maintaining the necessary pressure at the hydrants and achieving the requisite length of water jet;

| (d) | be installed forward of the aft bulkhead. |
| --- | --- |

(d)

be installed forward of the aft bulkhead.

Fire extinguishing pumps may also be used for general purposes.

9.   Engine rooms shall be fitted with a permanently fitted fire extinguishing system according to Article 10.03b.

10.   On cabin vessels there shall be:

| (a) | two self-contained breathing apparatus sets corresponding to European standard EN 137:1993 with full-face masks corresponding to European standard EN 136:1998; |
| --- | --- |

(a)

two self-contained breathing apparatus sets corresponding to European standard EN 137:1993 with full-face masks corresponding to European standard EN 136:1998;

| (b) | two sets of equipment consisting of at least a protective suit, helmet, boots, gloves, axe, crowbar, torch and safety-line, and |
| --- | --- |

(b)

two sets of equipment consisting of at least a protective suit, helmet, boots, gloves, axe, crowbar, torch and safety-line, and

| (c) | four smoke hoods. |
| --- | --- |

(c)

four smoke hoods.

Article 15.13

Safety organisation

1.   A safety rota shall be provided on board passenger vessels. The safety rota describes the duties of the crew and the shipboard personnel in the following eventualities:

| (a) | breakdown, |
| --- | --- |

(a)

breakdown,

| (b) | fire on board, |
| --- | --- |

(b)

fire on board,

| (c) | evacuation of passengers, |
| --- | --- |

(c)

evacuation of passengers,

| (d) | person overboard. |
| --- | --- |

(d)

person overboard.

Specific safety measures for persons with reduced mobility shall be taken into consideration.

The crew members and shipboard personnel designated in the safety rota should be assigned their various duties, depending on the posts they occupy. Special instructions to the crew shall ensure that, in the event of danger, all doors and openings in the watertight bulkheads referred to in Article 15.02 will be hermetically closed immediately.

2.   The safety rota includes a safety plan, in which at least the following are clearly and precisely designated:

| (a) | areas intended for use by persons with reduced mobility; |
| --- | --- |

(a)

areas intended for use by persons with reduced mobility;

| (b) | escape routes, emergency exits and muster and evacuation areas as referred to in Article 15.06, section 8; |
| --- | --- |

(b)

escape routes, emergency exits and muster and evacuation areas as referred to in Article 15.06, section 8;

| (c) | life-saving equipment and ship's boats; |
| --- | --- |

(c)

life-saving equipment and ship's boats;

| (d) | fire extinguishers and fire extinguishing and pressurised sprinkler systems; |
| --- | --- |

(d)

fire extinguishers and fire extinguishing and pressurised sprinkler systems;

| (e) | other safety equipment; |
| --- | --- |

(e)

other safety equipment;

| (f) | the alarm system referred to in Article 15.08, section 3(a); |
| --- | --- |

(f)

the alarm system referred to in Article 15.08, section 3(a);

| (g) | the alarm system referred to in Article 15.08, section 3(b) and (c); |
| --- | --- |

(g)

the alarm system referred to in Article 15.08, section 3(b) and (c);

| (h) | the bulkhead doors referred to in Article 15.02, section 5, and the position of their controls, as well as the other openings referred to in Article 15.02, sections 9, 10 and 13, and Article 15.03, section 12; |
| --- | --- |

(h)

the bulkhead doors referred to in Article 15.02, section 5, and the position of their controls, as well as the other openings referred to in Article 15.02, sections 9, 10 and 13, and Article 15.03, section 12;

| (i) | doors referred to in Article 15.11, section 8; |
| --- | --- |

(i)

doors referred to in Article 15.11, section 8;

| (j) | fire dampers; |
| --- | --- |

(j)

fire dampers;

| (k) | fire alarm system; |
| --- | --- |

(k)

fire alarm system;

| (l) | emergency power plant; |
| --- | --- |

(l)

emergency power plant;

| (m) | ventilation system control units; |
| --- | --- |

(m)

ventilation system control units;

| (n) | shore connections; |
| --- | --- |

(n)

shore connections;

| (o) | fuel line shut-offs; |
| --- | --- |

(o)

fuel line shut-offs;

| (p) | liquefied gas installations; |
| --- | --- |

(p)

liquefied gas installations;

| (q) | public address systems; |
| --- | --- |

(q)

public address systems;

| (r) | radiotelephone equipment; |
| --- | --- |

(r)

radiotelephone equipment;

| (s) | first-aid kits. |
| --- | --- |

(s)

first-aid kits.

3.   The safety rota according to section 1 and the safety plan according to section 2 shall:

| (a) | be duly stamped by the inspection body, and |
| --- | --- |

(a)

be duly stamped by the inspection body, and

| (b) | be prominently displayed at an appropriate point on each deck. |
| --- | --- |

(b)

be prominently displayed at an appropriate point on each deck.

4.   A code of conduct for passengers shall be posted up in each cabin and also a simplified safety plan containing only the information referred to in section 2(a) to (f).

This code of conduct shall include at least:

| (a) | designation of emergencies






  — | fire; |
| --- | --- | --- |

(a)

designation of emergencies

—

fire;

| — | flooding; |
| --- | --- |

—

flooding;

| — | general hazard; |
| --- | --- |

—

general hazard;

| (b) | description of the various alarm signals; |
| --- | --- |

(b)

description of the various alarm signals;

| (c) | instructions concerning the following:






  — | escape routes |
| --- | --- | --- |

(c)

instructions concerning the following:

—

escape routes

| — | what to do |
| --- | --- |

—

what to do

| — | need to keep calm; |
| --- | --- |

—

need to keep calm;

| (d) | instructions concerning the following:






  — | smoking |
| --- | --- | --- |

(d)

instructions concerning the following:

—

smoking

| — | use of fire and naked flame |
| --- | --- |

—

use of fire and naked flame

| — | opening windows |
| --- | --- |

—

opening windows

| — | use of certain items of equipment. |
| --- | --- |

—

use of certain items of equipment.

These details shall be posted up in Dutch, English, French and German.

Article 15.14

Waste water collection and disposal facilities

1.   Passenger vessels shall be equipped with waste water collecting tanks or appropriate on-board sewage treatment systems.

2.   Waste water collection tanks shall have sufficient capacity. Tanks shall be fitted with a device to indicate their content level. There shall be on-board pumps and pipes for emptying the tanks, whereby waste water can be passed from both sides of the vessel. It shall be possible to pass waste water from other vessels through.

The pipes shall be fitted with a discharge connection according to European standard EN 1306:1996.

Article 15.15

Derogations for certain passenger vessels

1.   As an alternative to proving adequate stability after damage according to Article 15.03, sections 7 to 13, passenger vessels with a length of not more than 25 m and authorised to carry up to a maximum of 50 passengers shall comply with the following criteria:

| (a) | after symmetrical flooding, the immersion of the vessel shall not exceed the margin line, and |
| --- | --- |

(a)

after symmetrical flooding, the immersion of the vessel shall not exceed the margin line, and

| (b) | the metacentric height GMR shall not be less than 0,10 m. |
| --- | --- |

(b)

the metacentric height GMR shall not be less than 0,10 m.

R

The necessary residual buoyancy shall be assured through the appropriate choice of material used for the construction of the hull or by means of highly cellular foam floats, solidly attached to the hull. In the case of vessels with a length of more than 15 m, residual buoyancy can be ensured by a combination of floats and subdivision complying with the 1-compartment status according to in Article 15.03.

2.   For passenger vessels in accordance with section 1 the inspection body may permit minor derogations from the clear height required in Article 15.06, section 3(c) and section 5(b). The derogation shall not be more than 5 %. In the case of derogations the relevant parts shall be indicated by colour.

3.   By way of derogation from Article 15.03, section 9, passenger vessels not exceeding 45 m in length and authorised to carry up to a maximum of 250 passengers do not need to have 2-compartment status.

4.   (Left void)

5.   The inspection body may waive the application of Article 10.04 in the case of passenger vessels authorised to carry up to a maximum of 250 passengers and with a length of not more than 25 m, provided they are equipped with a platform, accessible from each side of the vessel, directly above the waterline, so as to enable persons to be recovered safely from the water. Passenger vessels may be equipped with a comparable installation, subject to the following conditions:

| (a) | one person alone shall be able to operate the installation; |
| --- | --- |

(a)

one person alone shall be able to operate the installation;

| (b) | mobile installations are allowed; |
| --- | --- |

(b)

mobile installations are allowed;

| (c) | the installations shall be outside the danger area of the propulsion systems, and |
| --- | --- |

(c)

the installations shall be outside the danger area of the propulsion systems, and

| (d) | effective communication shall be possible between the boatmaster and the person in charge of the installation. |
| --- | --- |

(d)

effective communication shall be possible between the boatmaster and the person in charge of the installation.

6.   The inspection body may waive the application of Article 10.04 in the case of passenger vessels authorised to carry up to a maximum of 600 passengers and with a length of not more than 45 m, provided they are equipped with a platform according to section 5, first sentence, or with an equivalent installation according to section 5, second sentence. In addition, the passenger vessel shall have:

| (a) | a rudder propeller, a cycloidal propeller or a water jet as main propulsion, or |
| --- | --- |

(a)

a rudder propeller, a cycloidal propeller or a water jet as main propulsion, or

| (b) | a main propulsion system with 2 propulsion units, or |
| --- | --- |

(b)

a main propulsion system with 2 propulsion units, or

| (c) | a main propulsion system and a bow-thruster. |
| --- | --- |

(c)

a main propulsion system and a bow-thruster.

7.   By way of derogation from Article 15.02, section 9, passenger vessels not exceeding 45 m in length and authorised to carry at most a number of passengers corresponding to the length of the vessel in metres are allowed to have on board, in the passenger area, a manually controlled bulkhead door without remote control according to Article 15.02, section 5, if:

| (a) | the vessel has only one deck; |
| --- | --- |

(a)

the vessel has only one deck;

| (b) | this door is accessible directly from the deck and is not more than 10 m away from the deck; |
| --- | --- |

(b)

this door is accessible directly from the deck and is not more than 10 m away from the deck;

| (c) | the lower edge of the door opening lies at least 30 cm above the floor of the passenger area, and |
| --- | --- |

(c)

the lower edge of the door opening lies at least 30 cm above the floor of the passenger area, and

| (d) | each of the compartments divided by the door is fitted with a bilge level alarm. |
| --- | --- |

(d)

each of the compartments divided by the door is fitted with a bilge level alarm.

8.   On passenger vessels in accordance with section 7, by way of derogation from Article 15.06, section 6(c), one escape route may lead through a galley, as long as there is a second escape route available.

9.   For passenger vessels with a length not exceeding 45 m the following shall not apply: Article 15.01, section 2(e), when the liquefied gas installations are fitted with appropriate alarm systems for CO concentrations posing a health risk and for potentially explosive mixtures of gas and air.

10.   The following provisions shall not apply to passenger vessels not exceeding 25 m in length:

| (a) | Article 15.04, section 1, last sentence; |
| --- | --- |

(a)

Article 15.04, section 1, last sentence;

| (b) | Article 15.06, section 6(c), for the galleys, as long as a second escape route is available; |
| --- | --- |

(b)

Article 15.06, section 6(c), for the galleys, as long as a second escape route is available;

| (c) | Article 15.07. |
| --- | --- |

(c)

Article 15.07.

11.   For cabin vessels not exceeding 45 m in length, Article 15.12, section 10, shall not apply, provided smoke-hoods in a number corresponding to the number of berths are readily accessible in each cabin.

CHAPTER 15a

SPECIFIC REQUIREMENTS FOR PASSENGER SAILING VESSELS

Article 15a.01

Application of Part II

In addition to the provisions of Part II, the requirements in this Chapter shall apply to passenger sailing vessels.

Article 15a.02

Exceptions for certain passenger sailing vessels

1.   For passenger sailing vessels having an LWL not exceeding 45 m and a maximum permissible number of passengers not exceeding LWL in whole meters, the following provisions shall not apply:

WL

WL

| (a) | Article 3.03, section 7, provided that anchors are not transported in hawse pipes; |
| --- | --- |

(a)

Article 3.03, section 7, provided that anchors are not transported in hawse pipes;

| (b) | Article 10.02, section 2(d), with regard to length; |
| --- | --- |

(b)

Article 10.02, section 2(d), with regard to length;

| (c) | Article 15.08, section 3(a); |
| --- | --- |

(c)

Article 15.08, section 3(a);

| (d) | Article 15.15, section 9(a). |
| --- | --- |

(d)

Article 15.15, section 9(a).

2.   By way of derogation from section 1, the number of passengers may be raised to 1,5 times the LWL in whole meters, if sails, rigging and deck fittings so permit.

WL

Article 15a.03

Stability requirements for vessels under sail

1.   For the calculation of the heeling moment according to Article 15.03, section 3, the furled sails shall be taken into account when determining the centre of gravity of the vessel.

2.   Taking into consideration all load conditions according to Article 15.03, section 2, and using a standard arrangement of sails, the heeling moment caused by wind pressure shall not be so high as to exceed a heeling angle of 20°. At the same time

| (a) | a constant wind pressure of 0,07 kN/m2 shall be applied for the calculation, |
| --- | --- |

(a)

a constant wind pressure of 0,07 kN/m2 shall be applied for the calculation,

2

| (b) | the residual safety clearance shall be at least 100 mm, and |
| --- | --- |

(b)

the residual safety clearance shall be at least 100 mm, and

| (c) | the residual freeboard shall not be negative. |
| --- | --- |

(c)

the residual freeboard shall not be negative.

3.   The righting lever of static stability shall

| (a) | reach its maximum value at a heeling angle of 25° or over, |
| --- | --- |

(a)

reach its maximum value at a heeling angle of 25° or over,

| (b) | amount to at least 200 mm at a heeling angle of 30° or over, |
| --- | --- |

(b)

amount to at least 200 mm at a heeling angle of 30° or over,

| (c) | be positive at a heeling angle of up to 60°. |
| --- | --- |

(c)

be positive at a heeling angle of up to 60°.

4.   The area under the righting lever curve shall not be less than

| (a) | 0,055 mrad up to 30°; |
| --- | --- |

(a)

0,055 mrad up to 30°;

| (b) | 0,09 mrad up to 40° or at the angle at which an unprotected opening reaches the water surface and which is less than 40°. |
| --- | --- |

(b)

0,09 mrad up to 40° or at the angle at which an unprotected opening reaches the water surface and which is less than 40°.

Between

| (c) | 30° and 40°, or |
| --- | --- |

(c)

30° and 40°, or

| (d) | 30° and the angle at which an unprotected opening reaches the water surface and which is less than 40°, |
| --- | --- |

(d)

30° and the angle at which an unprotected opening reaches the water surface and which is less than 40°,

this area shall not be less than 0,03 mrad.

Article 15a.04

Shipbuilding and mechanical requirements

1.   By way of derogation from Article 6.01, section 3, and Article 9.01, section 3, the equipment must be designed for permanent lists of up to 20°.

2.   By way of derogation from Article 15.15, section 7(c), the height of the lower edge of the door opening may be reduced to 200 mm above the floor of the passenger area. Once opened, the door shall close and lock automatically.

3.   By way of derogation from Article 15.06, section 10(a), the inspection body may, in specific cases, authorise the use of removable guard rails in areas where this is necessary for controlling the sails.

4.   By way of derogation from Article 15.06, section 5(a) and Article 15.06, section 9(b), the inspection body may, in the case of passenger sailing vessels not more than 25 m long, authorise a clear width of less than 800 mm for connecting corridors and companionways. However, the clear width shall be at least 600 mm.

5.   Within the meaning of Article 15.07, sails rank as a main propulsion system.

6.   If there is a possibility of the propeller idling while the vessel is under sail, any endangered parts of the propulsion system shall be protected against potential damage.

Article 15a.05

Rigging in general

1.   The parts of the rigging shall be arranged in such a way as to prevent unacceptable chafing.

2.   If a material other than wood is used or if special types of rigging are used, such a design shall guarantee equivalent levels of safety with the dimensions and strength values laid down in this Chapter. As evidence of the strength

| (a) | a strength calculation shall be carried out, or |
| --- | --- |

(a)

a strength calculation shall be carried out, or

| (b) | confirmation of sufficient strength shall have been obtained from an approved classification society, or |
| --- | --- |

(b)

confirmation of sufficient strength shall have been obtained from an approved classification society, or

| (c) | dimensioning shall be based on the procedures set out in a recognised regulatory framework (e.g. Middendorf, Kusk-Jensen). |
| --- | --- |

(c)

dimensioning shall be based on the procedures set out in a recognised regulatory framework (e.g. Middendorf, Kusk-Jensen).

The evidence shall be presented to the inspection body.

Article 15a.06

Masts and spars in general

1.   All spars shall be made of high-quality material.

2.   Wood for masts shall:

| (a) | be free of knot concentrations; |
| --- | --- |

(a)

be free of knot concentrations;

| (b) | be free of sapwood within the required dimensions; |
| --- | --- |

(b)

be free of sapwood within the required dimensions;

| (c) | as far as possible be straight-grained; |
| --- | --- |

(c)

as far as possible be straight-grained;

| (d) | contain as little as possible twisted growth. |
| --- | --- |

(d)

contain as little as possible twisted growth.

3.   If the chosen timber is either pitch pine or Oregon pine of quality level ‘clear and better’ the diameters in the tables reproduced in Articles 15a.07 to 15a.12 can be reduced by 5 %.

4.   If the timbers used for masts, topmasts, yardarms, booms and bowsprits are not round in cross-section, such timbers must be of equivalent strength.

5.   Mast pedestals, mast trunks and fastenings on deck, on floor-plates and on stem or stern shall be constructed in such a way that they can either absorb the forces they are subjected to or transfer them to other connected parts of the structure.

6.   Depending on the stability of the vessel and the external forces it is subjected to and also the distribution of the available sail area, the inspection body may, on the basis of the dimensions laid down in Articles 15a.07 to 15a.12, allow reductions in the cross-sections of the spars and, where appropriate, of the rigging. Evidence shall be submitted in accordance with Article 15a.05, section 2.

7.   If the vessel's period of oscillation/period of roll, in seconds, is less than three quarters of its breadth, in metres, the dimensions set out in Articles 15a.07 to 15a.12 shall be increased. Evidence shall be submitted in accordance with Article 15a.05, section 2.

8.   In the tables reproduced in Articles 15a.07 to 15a.12 and 15a.14, possible intermediate values shall be interpolated.

Article 15a.07

Special provisions for masts

1.   Wooden masts shall meet the following minimum requirements:

| Length (15)

  (m) | Diameter on deck (cm) | Diameter on the cross-tree (cm) | Diameter on the mast cap (cm) |
| --- | --- | --- | --- |
| 10 | 20 | 17 | 15 |
| 11 | 22 | 17 | 15 |
| 12 | 24 | 19 | 17 |
| 13 | 26 | 21 | 18 |
| 14 | 28 | 23 | 19 |
| 15 | 30 | 25 | 21 |
| 16 | 32 | 26 | 22 |
| 17 | 34 | 28 | 23 |
| 18 | 36 | 29 | 24 |
| 19 | 39 | 31 | 25 |
| 20 | 41 | 33 | 26 |
| 21 | 43 | 34 | 28 |
| 22 | 44 | 35 | 29 |
| 23 | 46 | 37 | 30 |
| 24 | 49 | 39 | 32 |
| 25 | 51 | 41 | 33 |

Length (15)

15

(m)

Diameter on deck (cm)

Diameter on the cross-tree (cm)

Diameter on the mast cap (cm)

10

20

17

15

11

22

17

15

12

24

19

17

13

26

21

18

14

28

23

19

15

30

25

21

16

32

26

22

17

34

28

23

18

36

29

24

19

39

31

25

20

41

33

26

21

43

34

28

22

44

35

29

23

46

37

30

24

49

39

32

25

51

41

33

If a mast has two yards, the diameters shall be increased by at least 10 %.

If a mast has more than two yards, the diameters shall be increased by at least 15 %.

In the case of masts fitted through the deck, the diameter at the mast foot shall be at least 75 % of the diameter of the mast at deck level.

2.   Mast fittings, mast bands, cross-trees and mast caps shall be sufficiently strongly dimensioned and attached.

Article 15a.08

Special provisions for topmasts

1.   Wooden topmasts shall meet the following minimum requirements:

| Length (16)

  (m) | Diameter at the foot (cm) | Half-length diameter (cm) | Diameter at fitting (17)

  (cm) |
| --- | --- | --- | --- |
| 4 | 8 | 7 | 6 |
| 5 | 10 | 9 | 7 |
| 6 | 13 | 11 | 8 |
| 7 | 14 | 13 | 10 |
| 8 | 16 | 15 | 11 |
| 9 | 18 | 16 | 13 |
| 10 | 20 | 18 | 15 |
| 11 | 23 | 20 | 16 |
| 12 | 25 | 22 | 17 |
| 13 | 26 | 24 | 18 |
| 14 | 28 | 25 | 20 |
| 15 | 31 | 27 | 21 |

Length (16)

16

(m)

Diameter at the foot (cm)

Half-length diameter (cm)

Diameter at fitting (17)

17

(cm)

4

8

7

6

5

10

9

7

6

13

11

8

7

14

13

10

8

16

15

11

9

18

16

13

10

20

18

15

11

23

20

16

12

25

22

17

13

26

24

18

14

28

25

20

15

31

27

21

If square sails are attached to a topmast, the dimensions set out in the table shall be increased by 10 %.

2.   The overlap between the topmast and the mast shall be at least 10 times the required foot diameter of the topmast.

Article 15a.09

Special provisions for bowsprits

1.   Wooden bowsprits shall meet the following minimum requirements:

| Length (18)

  (m) | Diameter at stem (cm) | Half-length diameter (cm) |
| --- | --- | --- |
| 4 | 14,5 | 12,5 |
| 5 | 18 | 16 |
| 6 | 22 | 19 |
| 7 | 25 | 23 |
| 8 | 29 | 25 |
| 9 | 32 | 29 |
| 10 | 36 | 32 |
| 11 | 39 | 35 |
| 12 | 43 | 39 |

Length (18)

18

(m)

Diameter at stem (cm)

Half-length diameter (cm)

4

14,5

12,5

5

18

16

6

22

19

7

25

23

8

29

25

9

32

29

10

36

32

11

39

35

12

43

39

2.   The inboard section of the bowsprit shall have a length of at least four times the diameter of the bowsprit at the stem.

3.   The diameter of the bowsprit at its head shall be at least 60 % of the diameter of the bowsprit at the stem.

Article 15a.10

Special provisions for jib-booms

1.   Wooden jib-booms shall meet the following minimum requirements:

| Length  (19)(m) | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Diameter at the stem (cm) | 7 | 10 | 14 | 17 | 21 | 24 | 28 | 31 | 35 |

Length  (19)(m)

19

2

3

4

5

6

7

8

9

10

Diameter at the stem (cm)

7

10

14

17

21

24

28

31

35

2.   The diameter of the jib-boom at its head shall be at least 60 % of the diameter at the stem.

Article 15a.11

Special provisions for main booms

1.   Wooden main booms shall meet the following minimum requirements:

| Length  (20)(m) | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Diameter (cm) | 14 | 15 | 16 | 17 | 18 | 20 | 21 | 23 | 24 | 25 | 26 | 27 |

Length  (20)(m)

20

5

6

7

8

9

10

11

12

13

14

15

16

Diameter (cm)

14

15

16

17

18

20

21

23

24

25

26

27

2.   The diameter at the swivel pin shall be at least 72 % of the diameter specified in the table.

3.   The diameter at the clew shall be at least 85 % of the diameter specified in the table.

4.   Measured from the mast, the greatest diameter shall be at two thirds of the length.

5.   Where:

| (a) | there is an angle of less than 65° between the main boom and the after leech and the main sheet is attached to the end of the boom, or |
| --- | --- |

(a)

there is an angle of less than 65° between the main boom and the after leech and the main sheet is attached to the end of the boom, or

| (b) | the attachment point of the sheet is not abreast of the clew, |
| --- | --- |

(b)

the attachment point of the sheet is not abreast of the clew,

the inspection body may, according to Article 15a.05, section 2, require a greater diameter.

6.   For sail areas of less than 50 m2, the inspection body may authorise reductions in the dimensions set out in the table.

2

Article 15a.12

Special provisions for gaffs

1.   Wooden gaffs shall meet the following minimum requirements:

| Length  (21)(m) | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Diameter (cm) | 10 | 12 | 14 | 16 | 17 | 18 | 20 |

Length  (21)(m)

21

4

5

6

7

8

9

10

Diameter (cm)

10

12

14

16

17

18

20

2.   The unsupported length of the gaff shall be not more than 75 %.

3.   The breaking strength of the crowfoot shall be at least equal to 1,2 times the breaking strength of the peak halyard.

4.   The top angle of the crowfoot shall be a maximum of 60°.

5.   If, by way of derogation from section 4, the top angle of the crowfoot is greater than 60°, the tensile strength shall be adjusted to accommodate the forces that will then occur.

6.   For sail areas of less than 50 m2, the inspection body may authorise reductions in the dimensions set out in the table.

2

Article 15a.13

General provisions for standing and running rigging

1.   Standing and running rigging shall comply with the strength requirements set out in Articles 15a.14 and 15a.15.

2.   Wire cable connections may take the form of:

| (a) | splicings, |
| --- | --- |

(a)

splicings,

| (b) | compression sleeves, or |
| --- | --- |

(b)

compression sleeves, or

| (c) | sealing sleeves. |
| --- | --- |

(c)

sealing sleeves.

Splicings shall be marled and ends shall be whipped.

3.   Eye splices shall be provided with thimbles.

4.   Ropes shall be routed in such a way as not to obstruct entrances and companionways.

Article 15a.14

Special provisions for standing rigging

1.   Forestays and shrouds shall meet the following minimum requirements:

| Mast length  (22)(m) | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Tensile strength of the forestay (kN) | 160 | 172 | 185 | 200 | 220 | 244 | 269 | 294 |
| Tensile strength of the shrouds (kN) | 355 | 415 | 450 | 485 | 525 | 540 | 630 | 720 |
| Number of shroud cables and ropes per side | 3 | 3 | 3 | 3 | 3 | 3 | 4 | 4 |

Mast length  (22)(m)

22

11

12

13

14

15

16

17

18

Tensile strength of the forestay (kN)

160

172

185

200

220

244

269

294

Tensile strength of the shrouds (kN)

355

415

450

485

525

540

630

720

Number of shroud cables and ropes per side

3

3

3

3

3

3

4

4

2.   Backstays, topmasts, flying jib-stays, jib-booms and bowsprit shrouds shall meet the following minimum requirements:

| Mast length  (23)(m) | < 13 | 13-18 | > 18 |
| --- | --- | --- | --- |
| Tensile strength of the backstay (kN) | 89 | 119 | 159 |
| Tensile strength of the topmast (kN) | 89 | 119 | 159 |
| Length of topmast (m) | < 6 | 6-8 | > 8 |
| Tensile strength of the flying jib-stay (kN) | 58 | 89 | 119 |
| Length of jib-boom (m) | < 5 | 5-7 | > 7 |
| Tensile strength of the bow sprit shrouds (kN) | 58 | 89 | 119 |

Mast length  (23)(m)

23

< 13

13-18

> 18

Tensile strength of the backstay (kN)

89

119

159

Tensile strength of the topmast (kN)

89

119

159

Length of topmast (m)

< 6

6-8

> 8

Tensile strength of the flying jib-stay (kN)

58

89

119

Length of jib-boom (m)

< 5

5-7

> 7

Tensile strength of the bow sprit shrouds (kN)

58

89

119

3.   The preferred rope design shall be based on Rope Construction Method 6 × 7 FE in the strength class 1 550 N/mm2. Alternatively, at the same strength class, Construction Method 6 × 36 SE or 6 × 19 FE may be used. Because of the higher elasticity of Construction Method 6 × 19, the tensile strengths given in the table shall be increased by 10 %. Use of a different rope design shall be permitted provided it has comparable properties.

2

4.   If rigid rigging is used, the tensile strengths shown in the table shall be increased by 30 %.

5.   For rigging, only approved forks, round eyes and bolts may be used.

6.   Bolts, forks, round eyes and turnbuckles shall be capable of being properly secured.

7.   The tensile strength of the bobstay shall be at least 1,2 times the tensile strength of the respective jib-stay and flying jib-stay.

8.   For vessels with less than 30 m3 water displacement, the inspection body may permit the reductions in tensile strengths shown in the table set out below:

3

| Water displacement divided by the number of masts (m3) | Reduction (%) |
| --- | --- |
| > 20 to 30 | 20 |
| 10 to 20 | 35 |
| < 10 | 60 |

Water displacement divided by the number of masts (m3)

3

Reduction (%)

> 20 to 30

20

10 to 20

35

< 10

60

Article 15a.15

Special provisions for running rigging

1.   For running rigging, fibre ropes or steel wire ropes shall be used. The minimum tensile strength and the diameter for running rigging shall, in relation to the sail area, meet the following minimum requirements:

| Type of running rigging | Rope material | Sail area (m2) | Minimum tensile strength (KN) | Diameter of rope (mm) |
| --- | --- | --- | --- | --- |
| Staysail halyards | Steel wire | up to 35 | 20 | 6 |
| > 35 | 38 | 8 |
| Fibre (polypropylene-PP) | Rope diameter of at least 14 mm and one rope sheave for every 25 m2 or part thereof |
| Gaff sail halyards
  Top sail halyards | Steel wire | up to 50 | 20 | 6 |
| > 50 to 80 | 30 | 8 |
| > 80 to 120 | 60 | 10 |
| > 120 to 160 | 80 | 12 |
| Fibre (PP) | Rope diameter of at least 18 mm and one rope sheave for every 30 m2 or part thereof |
| Staysail sheets | Fibre (PP) | up to 40 | 14 | |
| > 40 | 18 |
| For sail areas of more than 30 m2, the sheet shall take the form of a tackle or shall be capable of being operated by a winch |
| Gaff-/Top-
  sail sheets | Steel wire | < 100 | 60 | 10 |
| 100 to 150 | 85 | 12 |
| > 150 | 116 | 14 |
| For top sail sheets, elastic connection elements (fore runners) are necessary. |
| Fibre (PP) | Rope diameter of at least 18 mm and at least three rope sheaves. Where the sail area is greater than 60 m2, one rope sheave per 20 m2 |

Type of running rigging

Rope material

Sail area (m2)

2

Minimum tensile strength (KN)

Diameter of rope (mm)

Staysail halyards

Steel wire

up to 35

20

6

> 35

38

8

Fibre (polypropylene-PP)

Rope diameter of at least 14 mm and one rope sheave for every 25 m2 or part thereof

2

Gaff sail halyards

Top sail halyards

Steel wire

up to 50

20

6

> 50 to 80

30

8

> 80 to 120

60

10

> 120 to 160

80

12

Fibre (PP)

Rope diameter of at least 18 mm and one rope sheave for every 30 m2 or part thereof

2

Staysail sheets

Fibre (PP)

up to 40

14

> 40

18

For sail areas of more than 30 m2, the sheet shall take the form of a tackle or shall be capable of being operated by a winch

2

Gaff-/Top-

sail sheets

Steel wire

< 100

60

10

100 to 150

85

12

> 150

116

14

For top sail sheets, elastic connection elements (fore runners) are necessary.

Fibre (PP)

Rope diameter of at least 18 mm and at least three rope sheaves. Where the sail area is greater than 60 m2, one rope sheave per 20 m2

2

2

2.   Running rigging forming part of the staying shall have a tensile strength which corresponds to that of the respective stay or shrouds.

3.   If materials other than those stated in section 1 are used, the strength values given in the table in section 1 shall be complied with.

Fibre ropes of polyethylene shall not be used.

Article 15a.16

Fittings and parts of the rigging

1.   If steel wire ropes or fibre ropes are used, the diameters of the rope sheaves (measured from centre of rope to centre of rope) shall meet the following minimum requirements:

| Steel wire (mm) | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Fibre (mm) | 16 | 18 | 20 | 22 | 24 | 26 | 28 |
| Rope sheave (mm) | 100 | 110 | 120 | 130 | 145 | 155 | 165 |

Steel wire (mm)

6

7

8

9

10

11

12

Fibre (mm)

16

18

20

22

24

26

28

Rope sheave (mm)

100

110

120

130

145

155

165

2.   By way of derogation from section 1, the diameter of the rope sheaves may be equal to six times the diameter of the steel wire, provided that the steel wire does not constantly run over sheaves.

3.   The tensile strength of the fittings (e.g. forks, round eyes, turnbuckles, eye-plates, bolts, rings and shackles) shall be compatible with the tensile strength of the standing or running rigging that is attached to them.

4.   The fastenings of stay and shroud futtocks shall be designed to take up the forces they are subjected to.

5.   Only one shackle, along with the relevant stay or shroud, may be attached to each eye.

6.   Blocks of halyards and topping lifts shall be securely fastened to the mast, and the revolving crowfeet used for this purpose shall be in good condition.

7.   Attachments of eye-bolts, cleats, belaying pins and fife-rails shall be designed to cope with the forces they are subjected to.

Article 15a.17

Sails

1.   It shall be ensured that sails can be taken in simply, swiftly and safely.

2.   The sail area shall be appropriate for the type of vessel and the water displacement.

Article 15a.18

Equipment

1.   Vessels that are fitted with a jib-boom or a bowsprit shall have a jib-net and an adequate number of appropriate holding and tensioning devices.

2.   The equipment according to section 1 may be dispensed with if the jib-boom or bowsprit is equipped with a hand becket and a foot rope adequately dimensioned to allow for the attachment of a safety harness to be carried on board.

3.   For work on the rigging, a boatswain's chair shall be provided.

Article 15a.19

Testing

1.   The rigging shall be tested by the inspection body every 2,5 years. As a minimum, the test shall cover the following:

| (a) | the sails, including leeches, clews and reef eyes; |
| --- | --- |

(a)

the sails, including leeches, clews and reef eyes;

| (b) | the state of the masts and spars; |
| --- | --- |

(b)

the state of the masts and spars;

| (c) | the state of the standing and running rigging together with cable wire connections; |
| --- | --- |

(c)

the state of the standing and running rigging together with cable wire connections;

| (d) | facilities for taking in the sail swiftly and safely; |
| --- | --- |

(d)

facilities for taking in the sail swiftly and safely;

| (e) | the secure fastening of blocks of halyards and topping lifts; |
| --- | --- |

(e)

the secure fastening of blocks of halyards and topping lifts;

| (f) | the fastening of mast trunks and other fastening points for standing and running rigging that are attached to the vessel; |
| --- | --- |

(f)

the fastening of mast trunks and other fastening points for standing and running rigging that are attached to the vessel;

| (g) | the winches for operating the sails; |
| --- | --- |

(g)

the winches for operating the sails;

| (h) | other facilities fitted for the purposes of sailing, such as lee-boards and the fittings for operating them; |
| --- | --- |

(h)

other facilities fitted for the purposes of sailing, such as lee-boards and the fittings for operating them;

| (i) | the measures taken to prevent the chafing of the spars, the running and standing rigging and the sails; |
| --- | --- |

(i)

the measures taken to prevent the chafing of the spars, the running and standing rigging and the sails;

| (j) | the equipment according to Article 15a.18. |
| --- | --- |

(j)

the equipment according to Article 15a.18.

2.   That part of the wooden mast passing through the deck and located below the deck shall be re-examined at intervals to be determined by the inspection body, but at the very least on the occasion of each periodical inspection according to Article 2.09. The mast shall be extracted for this purpose.

3.   A certificate of the last inspection carried out in accordance with section 1 and issued, dated and signed by the inspection body, shall be carried on board.

CHAPTER 16

SPECIFIC REQUIREMENTS APPLICABLE TO CRAFT INTENDED TO FORM PART OF A PUSHED OR TOWED CONVOY OR OF A SIDE-BY-SIDE FORMATION

Article 16.01

Craft suitable for pushing

1.   Craft which are to be used for pushing purposes shall incorporate a suitable pushing device. They shall be designed and equipped in such a way as to:

| (a) | enable crews easily and safely to cross over to the pushed craft with the coupling devices connected; |
| --- | --- |

(a)

enable crews easily and safely to cross over to the pushed craft with the coupling devices connected;

| (b) | enable them to occupy a fixed position in relation to the coupled craft; |
| --- | --- |

(b)

enable them to occupy a fixed position in relation to the coupled craft;

| (c) | prevent relative movement between the craft themselves. |
| --- | --- |

(c)

prevent relative movement between the craft themselves.

2.   If the craft are joined together with cables the pusher craft shall be equipped with at least two special winches or equivalent coupling devices for tensioning the cables.

3.   The coupling devices shall enable a rigid assembly to be formed with the pushed craft.

Where convoys consist of a pusher craft and a single pushed craft the coupling devices may permit controlled articulation. The necessary drive units shall easily absorb the forces to be transmitted and shall be capable of being controlled easily and safely. Articles 6.02 to 6.04 shall apply mutatis mutandis to such drive units.

mutatis mutandis

4.   The collision bulkhead referred to in Article 3.03, section 1(a), can be dispensed with for pushers.

Article 16.02

Craft suitable for being pushed

1.   The following shall not apply to lighters without steering system, accommodation, engine or boiler rooms:

| (a) | Chapters 5 to 7 and 12; |
| --- | --- |

(a)

Chapters 5 to 7 and 12;

| (b) | Article 8.08, sections 2 to 8, Article 10.02 and Article 10.05, section 1. |
| --- | --- |

(b)

Article 8.08, sections 2 to 8, Article 10.02 and Article 10.05, section 1.

If steering systems, accommodation, engine or boiler rooms are present the relevant requirements of this Annex shall apply to them.

2.   In addition, ship-borne lighters whose length L does not exceed 40 m shall meet the following requirements:

| (a) | Collision bulkheads referred to in Article 3.03, section 1, can be dispensed with if their front faces are able to bear a load at least 2,5 times that set for the collision bulkheads on inland waterway vessels with the same draught and built in accordance with the requirements of an approved classification society. |
| --- | --- |

(a)

Collision bulkheads referred to in Article 3.03, section 1, can be dispensed with if their front faces are able to bear a load at least 2,5 times that set for the collision bulkheads on inland waterway vessels with the same draught and built in accordance with the requirements of an approved classification society.

| (b) | By way of derogation from Article 8.08, section 1, compartments of the double bottom to which access is difficult do not have to be drainable unless their volume exceeds 5 % of the water displacement of the ship-borne lighter at the maximum authorised loaded draught. |
| --- | --- |

(b)

By way of derogation from Article 8.08, section 1, compartments of the double bottom to which access is difficult do not have to be drainable unless their volume exceeds 5 % of the water displacement of the ship-borne lighter at the maximum authorised loaded draught.

3.   Craft intended for being pushed shall be fitted with coupling devices ensuring a safe connection to other craft.

Article 16.03

Craft suitable for propelling side-by-side formations

Craft intended to propel side-by-side formations shall be equipped with bollards or equivalent devices which, as a result of their number and arrangement, enable the formation to be coupled in a safe manner.

Article 16.04

Craft suitable for being propelled in convoys

Craft intended to be propelled in convoys shall be equipped with coupling devices, bollards or equivalent devices which, as a result of their number and arrangement, ensure a safe connection to other craft in the convoy.

Article 16.05

Craft suitable for towing

1.   Craft intended for towing shall meet the following requirements:

| (a) | The towing devices shall be arranged in such a way that their use does not compromise the safety of the craft, crew or cargo. |
| --- | --- |

(a)

The towing devices shall be arranged in such a way that their use does not compromise the safety of the craft, crew or cargo.

| (b) | Tugging and towing craft shall be fitted with a tow hook which shall be capable of being released safely from the wheelhouse; this shall not apply if the design or other fittings prevent capsizing. |
| --- | --- |

(b)

Tugging and towing craft shall be fitted with a tow hook which shall be capable of being released safely from the wheelhouse; this shall not apply if the design or other fittings prevent capsizing.

| (c) | Towing devices shall consist of winches or a tow hook. The towing devices shall be located ahead of the propeller plane. This requirement shall not apply to craft that are steered by their propulsion units such as rudder propellers or cycloidal propellers. |
| --- | --- |

(c)

Towing devices shall consist of winches or a tow hook. The towing devices shall be located ahead of the propeller plane. This requirement shall not apply to craft that are steered by their propulsion units such as rudder propellers or cycloidal propellers.

| (d) | By way of derogation from the requirements of (c), for craft solely giving — in accordance with applicable navigational authority regulations of the Member States — towing assistance to motorised craft, a towing device such as a bollard or an equivalent device shall suffice. Point (b) shall apply mutatis mutandis. |
| --- | --- |

(d)

By way of derogation from the requirements of (c), for craft solely giving — in accordance with applicable navigational authority regulations of the Member States — towing assistance to motorised craft, a towing device such as a bollard or an equivalent device shall suffice. Point (b) shall apply mutatis mutandis.

mutatis mutandis

| (e) | Where the towing cables could snag on the stern of the vessel, deflector hoops with cable catchers shall be provided. |
| --- | --- |

(e)

Where the towing cables could snag on the stern of the vessel, deflector hoops with cable catchers shall be provided.

2.   Craft of length L exceeding 86 m shall not be authorised for towing downstream.

Article 16.06

Navigation tests on convoys

1.   In order to authorise a pusher or motor vessel to propel a rigid convoy, and to enter this on the Community certificate, the inspection body shall decide which formations are to be presented and shall conduct the navigation tests referred to in Article 5.02 with the convoy in the formation(s) applied for, which the inspection body regards to be the least favourable one(s). The requirements set out in Articles 5.02 to 5.10 shall be met by this convoy.

The inspection body shall check that the rigid connection of all craft in the convoy is maintained during the manoeuvres required by Chapter 5.

2.   If during the navigation tests referred to in section 1 there are specific installations on board the craft that are being either pushed or propelled side-by-side, such as the steering system, propulsion units or manoeuvring equipment, or articulated couplings in order to meet the requirements set out in Articles 5.02 to 5.10, the following shall be entered on the Community certificate for the craft propelling the convoy: formation, position, name and official number of those craft which are fitted with the specific installations used.

Article 16.07

Entries on the Community certificate

1.   If a craft is intended to propel a convoy, or be propelled in a convoy, its compliance with the relevant requirements as set out in Articles 16.01 to 16.06 shall be entered on the Community certificate.

2.   The following information shall be entered on the Community certificate for the propelling craft:

| (a) | the convoys and formations that have been accepted; |
| --- | --- |

(a)

the convoys and formations that have been accepted;

| (b) | the types of coupling; |
| --- | --- |

(b)

the types of coupling;

| (c) | the maximum coupling forces determined, and |
| --- | --- |

(c)

the maximum coupling forces determined, and

| (d) | where appropriate, the minimum tensile strength of the coupling cables for the longitudinal connection and also the number of cable windings. |
| --- | --- |

(d)

where appropriate, the minimum tensile strength of the coupling cables for the longitudinal connection and also the number of cable windings.

CHAPTER 17

SPECIFIC REQUIREMENTS APPLICABLE TO FLOATING EQUIPMENT

Article 17.01

General

For construction and equipment of floating equipment Chapters 3, 7 to 14 and 16 shall apply. Floating equipment with its own means of propulsion shall also meet the requirements of Chapters 5 and 6. Propulsion units permitting only short-haul operation shall not constitute own means of propulsion.

Article 17.02

Derogations

1.   The inspection body may grant derogations from the following requirements:

| (a) | Article 3.03, sections 1 and 2, shall apply mutatis mutandis; |
| --- | --- |

(a)

Article 3.03, sections 1 and 2, shall apply mutatis mutandis;

mutatis mutandis

| (b) | Article 7.02 shall apply mutatis mutandis; |
| --- | --- |

(b)

Article 7.02 shall apply mutatis mutandis;

mutatis mutandis

| (c) | the maximum sound pressure levels prescribed by Article 12.02, section 5, second sentence, may be exceeded while the floating equipment's working gear is operating, provided that, during service, nobody sleeps on board at night; |
| --- | --- |

(c)

the maximum sound pressure levels prescribed by Article 12.02, section 5, second sentence, may be exceeded while the floating equipment's working gear is operating, provided that, during service, nobody sleeps on board at night;

| (d) | derogations may be granted from other requirements concerning structure, working gear or equipment provided that equal safety is ensured in each case. |
| --- | --- |

(d)

derogations may be granted from other requirements concerning structure, working gear or equipment provided that equal safety is ensured in each case.

2.   The inspection body may dispense with the application of the following requirements:

| (a) | Article 10.01, section 1, shall not apply if during operation of floating equipment that equipment can be securely anchored by means of a working anchor or piles. However, floating equipment with its own means of propulsion shall have at least one anchor meeting the requirements in Article 10.01, section 1, where an empirical coefficient k is taken to be equal to 45, and the smallest height is taken for T. |
| --- | --- |

(a)

Article 10.01, section 1, shall not apply if during operation of floating equipment that equipment can be securely anchored by means of a working anchor or piles. However, floating equipment with its own means of propulsion shall have at least one anchor meeting the requirements in Article 10.01, section 1, where an empirical coefficient k is taken to be equal to 45, and the smallest height is taken for T.

| (b) | Article 12.02, section 1, second part of sentence, if the accommodation can be adequately lit by means of electricity. |
| --- | --- |

(b)

Article 12.02, section 1, second part of sentence, if the accommodation can be adequately lit by means of electricity.

3.   In addition, the following shall apply:

| (a) | for Article 8.08, section 2, second sentence, the bilge pump shall be motor driven; |
| --- | --- |

(a)

for Article 8.08, section 2, second sentence, the bilge pump shall be motor driven;

| (b) | for Article 8.10, section 3, the noise may exceed 65 dB(A) at a lateral distance of 25 m from the ship's side of any stationary floating equipment while its working gear is operating; |
| --- | --- |

(b)

for Article 8.10, section 3, the noise may exceed 65 dB(A) at a lateral distance of 25 m from the ship's side of any stationary floating equipment while its working gear is operating;

| (c) | for Article 10.03, section 1, at least one further portable extinguisher is required if working gear not permanently attached to the craft is placed on the deck; |
| --- | --- |

(c)

for Article 10.03, section 1, at least one further portable extinguisher is required if working gear not permanently attached to the craft is placed on the deck;

| (d) | for Article 14.02, section 2, in addition to the liquefied-gas equipment for domestic use, there may also be other liquefied-gas facilities. Those facilities and their accessories shall meet the requirements of one of the Member States. |
| --- | --- |

(d)

for Article 14.02, section 2, in addition to the liquefied-gas equipment for domestic use, there may also be other liquefied-gas facilities. Those facilities and their accessories shall meet the requirements of one of the Member States.

Article 17.03

Additional requirements

1.   Floating equipment on which persons are present during operation shall be fitted with a general alarm system. The alarm signal shall be clearly distinguishable from other signals and, within accommodation and at all work stations, shall produce a sound pressure level that is at least 5 dB(A) higher than the maximum local sound pressure level. It shall be possible to actuate the alarm system from the wheelhouse and the main work stations.

2.   Working equipment shall have sufficient strength to withstand the loads it is subjected to and shall meet the requirements of Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (24).

24

3.   The stability (resistance to overbalancing) and strength of working equipment, and where appropriate its attachments, shall be such that it may withstand the forces resulting from the expected heel, trim and movement of the floating equipment.

4.   If loads are lifted by means of hoists the maximum authorised load deriving from stability and strength shall be prominently displayed on panels on deck and at the control stations. If the lifting capacity can be increased by connecting additional floats the values authorised both with and without these additional floats shall be clearly stated.

Article 17.04

Residual safety clearance

1.   For the purposes of this Chapter and by way of derogation from Article 1.01 of this Annex, residual safety clearance means the shortest vertical distance between surface of the water and the lowest part of the floating equipment beyond which it is no longer watertight, taking into account trim and heel resulting from the moments referred to in Article 17.07, section 4.

2.   The residual safety clearance is sufficient according to Article 17.07, section 1, for any spray-proof and weathertight aperture if it is at least 300 mm.

3.   At an aperture that is not spray-proof and weathertight the residual safety clearance shall be at least 400 mm.

Article 17.05

Residual freeboard

1.   For the purposes of this Chapter and by way of derogation from Article 1.01 of this Annex, residual freeboard means the smallest vertical distance between the surface of the water and the upper surface of the deck at its edge taking into account trim and heel resulting from the moments referred to in Article 17.07, section 4.

2.   The residual freeboard is sufficient according to Article 17.07, section 1, if it is at least 300 mm.

3.   The residual freeboard may be reduced if it is proven that the requirements of Article 17.08 have been met.

4.   Where the shape of a float differs perceptibly from that of a pontoon, as in the case of a cylindrical float, or where the cross-section of a float has more than four sides, the inspection body may require or authorise a residual freeboard that differs from section 2. This shall also apply to floating equipment consisting of several floats.

Article 17.06

Heeling test

1.   Confirmation of stability according to Articles 17.07 and 17.08 shall be based on a heeling test that has been carried out in a proper manner.

2.   If during a heeling test it is not possible to achieve adequate heeling angles, or if the heeling test causes unreasonable technical difficulties, this may be replaced by a calculation of the craft's centre of gravity and weight. The result of the weight calculation shall be checked by measuring the draught, and the difference shall not exceed ± 5 %.

Article 17.07

Confirmation of stability

1.   It shall be confirmed that, when taking into account the loads applied during operation of the working gear and whilst under way, the residual freeboard and the residual safety clearance are sufficient. For that purpose the sum of the trim and heeling angles shall not exceed 10° and the bottom of the float shall not emerge.

2.   Confirmation of stability shall include the following data and documents:

| (a) | scale drawings of floats and working gear and the detailed data relating to these that are needed to confirm stability, such as content of the tanks, openings providing access to the inside of the vessel; |
| --- | --- |

(a)

scale drawings of floats and working gear and the detailed data relating to these that are needed to confirm stability, such as content of the tanks, openings providing access to the inside of the vessel;

| (b) | hydrostatic data or curves; |
| --- | --- |

(b)

hydrostatic data or curves;

| (c) | righting lever curves for static-stability to the extent required in accordance with section 5 below or Article 17.08; |
| --- | --- |

(c)

righting lever curves for static-stability to the extent required in accordance with section 5 below or Article 17.08;

| (d) | description of the operating conditions together with the corresponding data concerning weight and centre of gravity, including its unladen state and the equipment situation as regards transport; |
| --- | --- |

(d)

description of the operating conditions together with the corresponding data concerning weight and centre of gravity, including its unladen state and the equipment situation as regards transport;

| (e) | calculation of the heeling, trimming and righting moments, with a specification of the trim and heeling angles and the corresponding residual freeboard and residual safety clearances; |
| --- | --- |

(e)

calculation of the heeling, trimming and righting moments, with a specification of the trim and heeling angles and the corresponding residual freeboard and residual safety clearances;

| (f) | a compilation of the results of the calculation with a specification of the limits for operation and the maximum loads. |
| --- | --- |

(f)

a compilation of the results of the calculation with a specification of the limits for operation and the maximum loads.

3.   Confirmation of stability shall be based on at least the following load assumptions:

| (a) | specific mass of the dredging products for dredgers:






  — | sands and gravels: 1,5 t/m3 |
| --- | --- | --- |

(a)

specific mass of the dredging products for dredgers:

—

sands and gravels: 1,5 t/m3

3

| — | very wet sands: 2,0 t/m3 |
| --- | --- |

—

very wet sands: 2,0 t/m3

3

| — | soil, on average: 1,8 t/m3 |
| --- | --- |

—

soil, on average: 1,8 t/m3

3

| — | mixture of sand and water in the ducts: 1,3 t/m3; |
| --- | --- |

—

mixture of sand and water in the ducts: 1,3 t/m3;

3

| (b) | for clamshell dredgers, the values given under point (a) shall be increased by 15 %; |
| --- | --- |

(b)

for clamshell dredgers, the values given under point (a) shall be increased by 15 %;

| (c) | for hydraulic dredgers the maximum lifting power shall be considered. |
| --- | --- |

(c)

for hydraulic dredgers the maximum lifting power shall be considered.

4.1   Confirmation of stability shall take account of the moments resulting from:

| (a) | load; |
| --- | --- |

(a)

load;

| (b) | asymmetric structure; |
| --- | --- |

(b)

asymmetric structure;

| (c) | wind pressure; |
| --- | --- |

(c)

wind pressure;

| (d) | turning whilst under way of self-propelled floating equipment; |
| --- | --- |

(d)

turning whilst under way of self-propelled floating equipment;

| (e) | cross current, if necessary; |
| --- | --- |

(e)

cross current, if necessary;

| (f) | ballast and provisions; |
| --- | --- |

(f)

ballast and provisions;

| (g) | deck loads and, where appropriate, cargo; |
| --- | --- |

(g)

deck loads and, where appropriate, cargo;

| (h) | free surfaces of liquids; |
| --- | --- |

(h)

free surfaces of liquids;

| (i) | inertia forces; |
| --- | --- |

(i)

inertia forces;

| (j) | other mechanical equipment. |
| --- | --- |

(j)

other mechanical equipment.

The moments which may act simultaneously shall be added up.

4.2   The moment caused by the wind pressure shall be calculated in accordance with the following formula:

Formula

where:

| c | = | shape-dependent coefficient of resistance
  For frameworks c = 1,2 and for solid-section beams c = 1,6. Both values take account of gusts of wind.
  The whole area encompassed by the contour line of the framework shall be taken to be the surface area exposed to the wind. |
| --- | --- | --- |
| pw | = | specific wind pressure; this shall uniformly be taken to be 0,25 kN/m2; |
| A | = | lateral plane above the plane of maximum draught in m2; |
| lw | = | distance from the centre of area of the lateral plane A from the plane of maximum draught, in m. |

c

=

shape-dependent coefficient of resistance

For frameworks c = 1,2 and for solid-section beams c = 1,6. Both values take account of gusts of wind.

The whole area encompassed by the contour line of the framework shall be taken to be the surface area exposed to the wind.

pw

w

=

specific wind pressure; this shall uniformly be taken to be 0,25 kN/m2;

2

A

=

lateral plane above the plane of maximum draught in m2;

2

lw

w

=

distance from the centre of area of the lateral plane A from the plane of maximum draught, in m.

4.3   In order to determine the moments due to turning whilst under way according to section 4.1(d) for self-propelled floating equipment, the formula set out in Article 15.03, section 6 shall be used.

4.4   The moment resulting from cross current according to section 4.1(e) shall be taken into account only for floating equipment which is anchored or moored across the current while operating.

4.5   The least favourable extent of tank filling from the point of view of stability shall be determined and the corresponding moment introduced into the calculation when calculating the moments resulting from liquid ballast and liquid provisions according to section 4.1(f).

4.6   The moment resulting from inertia forces according to section 4.1(i) shall be given due consideration if the movements of the load and the working gear are likely to affect stability.

5.   The righting moments for floats with vertical side walls may be calculated using the following formula

| | Ma = 10 · D · · sinφ [kNm] |
| --- | --- |

Ma = 10 · D · Formula · sinφ [kNm]

a

where:

| | = | metacentric height, in m; |
| --- | --- | --- |
| φ | = | heeling angle in degrees. |

Formula

=

metacentric height, in m;

φ

=

heeling angle in degrees.

That formula shall apply up to heeling angles of 10° or up to a heeling angle corresponding to immersion of the edge of the deck or emergence of the edge of the bottom; the smallest angle shall be decisive. The formula may be applied to slanting side walls up to heeling angles of 5°; the limit conditions set out in sections 3 and 4 shall also apply.

If the particular shape of the float(s) does not permit such simplification the righting lever curves according to section 2(c) shall be required.

Article 17.08

Confirmation of stability in the case of reduced residual freeboard

If a reduced residual freeboard according to Article 17.05, section 3, is used, it shall be proven for all operating conditions that:

| (a) | after correction for the free surfaces of liquids, the metacentric height is not less than 0,15 m; |
| --- | --- |

(a)

after correction for the free surfaces of liquids, the metacentric height is not less than 0,15 m;

| (b) | for heeling angles between 0 and 30°, there is a righting lever of at least
  h = 0,30 – 0,28 · φn [m]
  φn being the heeling angle from which the righting lever curve displays negative values (range of stability); it shall not be less than 20° or 0,35 rad and shall not be introduced into the formula for more than 30° or 0,52 rad, taking the radian (rad) (1° = 0,01745 rad) for the unit of φn; |
| --- | --- |

(b)

for heeling angles between 0 and 30°, there is a righting lever of at least

h = 0,30 – 0,28 · φn [m]

n

φn being the heeling angle from which the righting lever curve displays negative values (range of stability); it shall not be less than 20° or 0,35 rad and shall not be introduced into the formula for more than 30° or 0,52 rad, taking the radian (rad) (1° = 0,01745 rad) for the unit of φn;

n

n

| (c) | the sum of the trim and heeling angles does not exceed 10°; |
| --- | --- |

(c)

the sum of the trim and heeling angles does not exceed 10°;

| (d) | a residual safety clearance meeting the requirements in Article 17.04 remains; |
| --- | --- |

(d)

a residual safety clearance meeting the requirements in Article 17.04 remains;

| (e) | a residual freeboard of at least 0,05 m remains; |
| --- | --- |

(e)

a residual freeboard of at least 0,05 m remains;

| (f) | for heeling angles between 0 and 30°, a residual righting lever of at least
  h = 0,20 – 0,23 · φn [m]
  remains, where φn is the heeling angle from which the righting lever curve displays negative values; it shall not be introduced into the formula for more than 30° or 0,52 rad. |
| --- | --- |

(f)

for heeling angles between 0 and 30°, a residual righting lever of at least

h = 0,20 – 0,23 · φn [m]

n

remains, where φn is the heeling angle from which the righting lever curve displays negative values; it shall not be introduced into the formula for more than 30° or 0,52 rad.

n

Residual righting lever means the maximum difference existing between 0° and 30° of heel between the righting lever curve and the heeling lever curve. If an opening towards the inside of the vessel is reached by the water at a heeling angle less than that corresponding to the maximum difference between the lever curves, the lever corresponding to that heeling angle shall be taken into account.

Article 17.09

Draught marks and draught scales

Draught marks and draught scales shall be affixed in accordance with Articles 4.04 and 4.06.

Article 17.10

Floating equipment without confirmation of stability

1.   The application of Articles 17.04 to 17.08 may be dispensed with for floating equipment:

| (a) | whose working gear can in no way alter their heeling or trim, and |
| --- | --- |

(a)

whose working gear can in no way alter their heeling or trim, and

| (b) | where any displacement of the centre of gravity can be reasonably excluded. |
| --- | --- |

(b)

where any displacement of the centre of gravity can be reasonably excluded.

2.   However,

| (a) | at maximum load the safety clearance shall be at least 300 mm and the freeboard at least 150 mm; |
| --- | --- |

(a)

at maximum load the safety clearance shall be at least 300 mm and the freeboard at least 150 mm;

| (b) | for apertures which cannot be closed spray-proof and weathertight the safety clearance shall be at least 500 mm. |
| --- | --- |

(b)

for apertures which cannot be closed spray-proof and weathertight the safety clearance shall be at least 500 mm.

CHAPTER 18

SPECIFIC REQUIREMENTS APPLICABLE TO WORKSITE CRAFT

Article 18.01

Operating conditions

Worksite craft designated as such in the Community certificate set out in Part I or II of Annex V may navigate outside worksites only when unladen. That restriction shall be entered on the Community certificate.

For this purpose worksite craft shall have a certificate issued by the competent authority indicating the duration of works and the geographical boundaries of the worksite in which the craft may be operated.

Article 18.02

Application of Part II

Unless otherwise specified in this Chapter the construction and equipment of worksite craft shall be in line with Chapters 3 to 14 of Part II.

Article 18.03

Derogations

| 1. | (a) | Article 3.03, section 1, shall apply mutatis mutandis; |
| --- | --- | --- |
| (b) | Chapters 5 and 6 shall apply mutatis mutandis where the craft is self-propelled; |
| (c) | Article 10.02, section 2(a) and (b), shall apply mutatis mutandis; |
| (d) | the inspection body may grant exceptions to the other requirements concerning construction, arrangement and equipment provided that equivalent safety is proven in every case. |

1.

(a)

Article 3.03, section 1, shall apply mutatis mutandis;

mutatis mutandis

(b)

Chapters 5 and 6 shall apply mutatis mutandis where the craft is self-propelled;

mutatis mutandis

(c)

Article 10.02, section 2(a) and (b), shall apply mutatis mutandis;

mutatis mutandis

(d)

the inspection body may grant exceptions to the other requirements concerning construction, arrangement and equipment provided that equivalent safety is proven in every case.

2.   The inspection body may dispense with the following provisions:

| (a) | Article 8.08, sections 2 to 8, if no crew is required; |
| --- | --- |

(a)

Article 8.08, sections 2 to 8, if no crew is required;

| (b) | Article 10.01, sections 1 and 3, if the worksite craft can be securely anchored by means of working anchors or piles. However, self-propelled worksite craft shall be equipped with at least one anchor meeting the requirements set out in Article 10.01, section 1, where coefficient k is taken to be 45 and T is taken to be the lowest height; |
| --- | --- |

(b)

Article 10.01, sections 1 and 3, if the worksite craft can be securely anchored by means of working anchors or piles. However, self-propelled worksite craft shall be equipped with at least one anchor meeting the requirements set out in Article 10.01, section 1, where coefficient k is taken to be 45 and T is taken to be the lowest height;

| (c) | Article 10.02, section 1(c), if the worksite craft is not self-propelled. |
| --- | --- |

(c)

Article 10.02, section 1(c), if the worksite craft is not self-propelled.

Article 18.04

Safety clearance and freeboard

1.   If a worksite craft is used as a reclamation barge or a hopper barge the safety clearance outside the hold area shall be at least 300 mm and the freeboard at least 150 mm. The inspection body may permit a smaller freeboard if proof by calculation is provided that stability is sufficient for a cargo having a specific mass of 1,5 t/m3 and that no side of the deck reaches the water. The effect of liquefied cargo shall be taken into account.

3

2.   The provisions of Articles 4.01 and 4.02 shall apply mutatis mutandis to worksite craft not covered by section 1. The inspection body may determine values departing from the above for safety clearance and freeboard.

mutatis mutandis

Article 18.05

Ship's boats

Worksite craft shall not be required to have a ship's boat where:

| (a) | they are not self-propelled or |
| --- | --- |

(a)

they are not self-propelled or

| (b) | a ship's boat is available elsewhere on the worksite. |
| --- | --- |

(b)

a ship's boat is available elsewhere on the worksite.

That derogation shall be entered on the Community certificate.

CHAPTER 19

SPECIFIC REQUIREMENTS APPLICABLE TO HISTORIC VESSELS

(Left void)

CHAPTER 19a

SPECIFIC REQUIREMENTS APPLICABLE TO CANAL BARGES

(Left void)

CHAPTER 19b

SPECIFIC REQUIREMENTS APPLICABLE TO VESSELS NAVIGATING ON ZONE 4 WATERWAYS

Article 19b.01

Application of Chapter 4

1.   By way of derogation from Article 4.01, sections 1 and 2, the safety clearance of doors and openings other than hold hatches for vessels navigating on Zone 4 waterways is reduced as follows:

| (a) | for openings which can be closed spray-proof and weathertight, to 150 mm; |
| --- | --- |

(a)

for openings which can be closed spray-proof and weathertight, to 150 mm;

| (b) | for openings which cannot be closed spray-proof and weathertight, to 200 mm. |
| --- | --- |

(b)

for openings which cannot be closed spray-proof and weathertight, to 200 mm.

2.   By way of derogation from Article 4.02, the minimum freeboard of vessels navigating on Zone 4 waterways is 0 mm, if the safety clearance according to section 1 is respected.

CHAPTER 20

SPECIFIC REQUIREMENTS APPLICABLE TO SEA-GOING VESSELS

(Left void)

CHAPTER 21

SPECIFIC REQUIREMENTS APPLICABLE TO RECREATIONAL CRAFT

Article 21.01

General

Only Articles 21.02 and 21.03 shall apply to the construction and equipment of recreational craft.

Article 21.02

Application of Part II

1.   Recreational craft shall meet the following requirements.:

| (a) | from Chapter 3: | Article 3.01, Article 3.02, sections 1(a) and 2, Article 3.03, sections 1(a) and 6, and Article 3.04, section 1; |
| --- | --- | --- |

(a)

from Chapter 3:

Article 3.01, Article 3.02, sections 1(a) and 2, Article 3.03, sections 1(a) and 6, and Article 3.04, section 1;

| (b) | Chapter 5; |
| --- | --- |

(b)

Chapter 5;

| (c) | from Chapter 6: | Article 6.01, section 1, and Article 6.08; |
| --- | --- | --- |

(c)

from Chapter 6:

Article 6.01, section 1, and Article 6.08;

| (d) | from Chapter 7: | Article 7.01, sections 1 and 2, Article 7.02, Article 7.03, sections 1 and 2, Article 7.04, section 1, Article 7.05, section 2, Article 7.13 if there is a wheelhouse designed for radar navigation by one person; |
| --- | --- | --- |

(d)

from Chapter 7:

Article 7.01, sections 1 and 2, Article 7.02, Article 7.03, sections 1 and 2, Article 7.04, section 1, Article 7.05, section 2, Article 7.13 if there is a wheelhouse designed for radar navigation by one person;

| (e) | from Chapter 8: | Article 8.01, sections 1 and 2, Article 8.02, sections 1 and 2, Article 8.03, sections 1 and 3, Article 8.04, Article 8.05, sections 1 to 10 and 13, Article 8.08, sections 1, 2, 5, 7 and 10, Article 8.09, section 1, and Article 8.10; |
| --- | --- | --- |

(e)

from Chapter 8:

Article 8.01, sections 1 and 2, Article 8.02, sections 1 and 2, Article 8.03, sections 1 and 3, Article 8.04, Article 8.05, sections 1 to 10 and 13, Article 8.08, sections 1, 2, 5, 7 and 10, Article 8.09, section 1, and Article 8.10;

| (f) | from Chapter 9: | Article 9.01, section 1, mutatis mutandis; |
| --- | --- | --- |

(f)

from Chapter 9:

Article 9.01, section 1, mutatis mutandis;

mutatis mutandis

| (g) | from Chapter 10: | Article 10.01, sections 2, 3 and 5 to 14, Article 10.02, sections 1(a) to (c), and2(a) and (e) to (h), Article 10.03, section 1(a), (b) and (d): however, there shall be at least two fire extinguishers on board; Article 10.03, sections 2 to 6, Article 10.03a, Article 10.03b and Article 10.05; |
| --- | --- | --- |

(g)

from Chapter 10:

Article 10.01, sections 2, 3 and 5 to 14, Article 10.02, sections 1(a) to (c), and2(a) and (e) to (h), Article 10.03, section 1(a), (b) and (d): however, there shall be at least two fire extinguishers on board; Article 10.03, sections 2 to 6, Article 10.03a, Article 10.03b and Article 10.05;

| (h) | Chapter 13; |
| --- | --- |

(h)

Chapter 13;

| (i) | Chapter 14. |
| --- | --- |

(i)

Chapter 14.

2.   For recreational craft subject to Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of laws, regulations and administrative provisions of the Member States relating to recreational craft (25), first inspection and periodical inspections only extend to:

25

| (a) | Article 6.08, if there is a rate-of-turn indicator; |
| --- | --- |

(a)

Article 6.08, if there is a rate-of-turn indicator;

| (b) | Article 7.01, section 2, Article 7.02, Article 7.03, section 1, and Article 7.13, if there is a wheelhouse designed for radar navigation by one person; |
| --- | --- |

(b)

Article 7.01, section 2, Article 7.02, Article 7.03, section 1, and Article 7.13, if there is a wheelhouse designed for radar navigation by one person;

| (c) | Article 8.01, section 2, Article 8.02, section 1, Article 8.03, section 3, Article 8.05, section 5, Article 8.08, section 2, and Article 8.10; |
| --- | --- |

(c)

Article 8.01, section 2, Article 8.02, section 1, Article 8.03, section 3, Article 8.05, section 5, Article 8.08, section 2, and Article 8.10;

| (d) | Article 10.01, sections 2, 3, 6 and 14, Article 10.02, sections 1(b) and (c), 2(a) and (e) to (h), Article 10.03, sections 1(b) and (d)and 2 to 6, and Article 10.07; |
| --- | --- |

(d)

Article 10.01, sections 2, 3, 6 and 14, Article 10.02, sections 1(b) and (c), 2(a) and (e) to (h), Article 10.03, sections 1(b) and (d)and 2 to 6, and Article 10.07;

| (e) | Chapter 13; |
| --- | --- |

(e)

Chapter 13;

| (f) | from Chapter 14:






  (aa) | Article 14.12; |
| --- | --- | --- |

(f)

from Chapter 14:

(aa)

Article 14.12;

| (bb) | Article 14.13; the acceptance test after putting into service of the liquefied gas installation shall be carried out in accordance with the requirements of Directive 94/25/EC, and an acceptance report shall be submitted to the inspection body; |
| --- | --- |

(bb)

Article 14.13; the acceptance test after putting into service of the liquefied gas installation shall be carried out in accordance with the requirements of Directive 94/25/EC, and an acceptance report shall be submitted to the inspection body;

| (cc) | Articles 14.14 and 14.15; the liquefied gas installation shall be in accordance with the requirements of Directive 94/25/EC; |
| --- | --- |

(cc)

Articles 14.14 and 14.15; the liquefied gas installation shall be in accordance with the requirements of Directive 94/25/EC;

| (dd) | Chapter 14 entirely, if the liquefied gas installation is fitted after placing on the market of the recreational craft. |
| --- | --- |

(dd)

Chapter 14 entirely, if the liquefied gas installation is fitted after placing on the market of the recreational craft.

Article 21.03

(Left void)

CHAPTER 22

STABILITY OF VESSELS CARRYING CONTAINERS

Article 22.01

General

1.   The provisions of this Chapter shall apply to vessels carrying containers where stability documents are required according to the applicable navigational authority regulations in force in the Member States.

Stability documents shall be checked, or submitted elsewhere for checking, and duly stamped by an inspection body.

2.   Stability documents shall provide the boatmaster with comprehensible information on vessel stability for each loading condition.

Stability documents shall include at least the following:

| (a) | information on the permissible stability coefficients, the permissible

  - values or the permissible heights for the centre of gravity of the cargo; |
| --- | --- |

(a)

Formula

| (b) | data concerning spaces that can be filled with ballast water; |
| --- | --- |

(b)

data concerning spaces that can be filled with ballast water;

| (c) | forms for checking stability; |
| --- | --- |

(c)

forms for checking stability;

| (d) | instructions for use or an example of a calculation for use by the boatmaster. |
| --- | --- |

(d)

instructions for use or an example of a calculation for use by the boatmaster.

3.   For vessels where it is optional whether containers are carried non-secured or secured, separate calculation methods shall be provided for confirmation of stability both for transport of non-secured and secured cargoes of containers.

4.   A cargo of containers shall only be considered to be secured if each individual container is firmly attached to the hull of the vessel by means of container guides or securing equipment and its position cannot alter during the voyage.

Article 22.02

Limit conditions and method of calculation for confirmation of stability for the transport of non-secured containers

1.   All methods of calculating vessel stability in the case of non-secured containers shall meet the following limit conditions:

| (a) | Metacentric height

  shall be not less than 1,00 m. |
| --- | --- |

(a)

Formula

| (b) | Under the joint action of the centrifugal force resulting from the vessel's turning, wind pressure and the free surfaces of liquids the heeling angle shall not exceed 5° and the edge of the deck shall not be immersed. |
| --- | --- |

(b)

Under the joint action of the centrifugal force resulting from the vessel's turning, wind pressure and the free surfaces of liquids the heeling angle shall not exceed 5° and the edge of the deck shall not be immersed.

| (c) | The heeling lever resulting from the centrifugal force caused by the vessel's turning shall be determined in accordance with the following formula:

  where:






  cKZ | parameter (cKZ = 0,04) [s2/m]; |
| --- | --- | --- |
| v | the maximum speed of the vessel in relation to the water [m/s]; |
| | height of centre of gravity of the laden vessel above its base [m]; |
| T' | draught of the laden vessel [m]. |

(c)

The heeling lever resulting from the centrifugal force caused by the vessel's turning shall be determined in accordance with the following formula:

where:

cKZ

KZ

parameter (cKZ = 0,04) [s2/m];

KZ

2

v

the maximum speed of the vessel in relation to the water [m/s];

Formula

height of centre of gravity of the laden vessel above its base [m];

T'

draught of the laden vessel [m].

| (d) | The heeling lever resulting from the wind pressure shall be determined in accordance with the following formula:

  where:






  cKW | parameter (cKW = 0,025) [t/m2]; |
| --- | --- | --- |
| A' | lateral plane above the respective plane of draught with the vessel laden [m2]; |
| D' | displacement of the laden vessel [t]; |
| lW | height of the centre of gravity of the lateral plane A' above the respective plane of draught [m]; |
| T' | draught of the laden vessel [m]. |

(d)

The heeling lever resulting from the wind pressure shall be determined in accordance with the following formula:

where:

cKW

KW

parameter (cKW = 0,025) [t/m2];

KW

2

A'

lateral plane above the respective plane of draught with the vessel laden [m2];

2

D'

displacement of the laden vessel [t];

lW

W

height of the centre of gravity of the lateral plane A' above the respective plane of draught [m];

T'

draught of the laden vessel [m].

| (e) | The heeling lever resulting from the free surfaces of rainwater and residual water within the hold or the double bottom shall be determined in accordance with the following formula:

  where:






  cKfO | parameter (cKfO = 0,015) [t/m2] |
| --- | --- | --- |
| b | width of hold or section of the hold in question [m] (26); |
| l | length of hold or section of the hold in question [m] (26); |
| D' | displacement of the laden vessel [t]. |

(e)

The heeling lever resulting from the free surfaces of rainwater and residual water within the hold or the double bottom shall be determined in accordance with the following formula:

where:

cKfO

KfO

parameter (cKfO = 0,015) [t/m2]

KfO

2

b

width of hold or section of the hold in question [m] (26);

26

l

length of hold or section of the hold in question [m] (26);

26

D'

displacement of the laden vessel [t].

| (f) | Half of the fuel and fresh water supply shall be taken into account for each load condition. |
| --- | --- |

(f)

Half of the fuel and fresh water supply shall be taken into account for each load condition.

2.   The stability of a vessel carrying non-secured containers shall be considered to be sufficient if the effective Formula does not exceed the Formula
  zul resulting from the following formulae. The Formula
  zul shall be calculated for various displacements covering the entire range of draughts.

zul

zul

| (a) | No value less than 11,5 (11,5 = 1/tan5°) shall be taken for . |
| --- | --- |

(a)

Formula

No value less than 11,5 (11,5 = 1/tan5°) shall be taken for Formula .

| (b) | zul =

  – 1,00 [m] |
| --- | --- |

(b)

Formula

zul

Formula

Formula

zul

Within the formulae:

| zul | maximum permissible height of the laden vessel's centre of gravity above its base [m]; |
| --- | --- |
| | height of the metacentre above the base [m] in accordance with the approximation formula in section 3; |
| F | respective effective freeboard at 1/2 L [m]; |
| Z | parameter for the centrifugal force resulting from turning |
| v | maximum speed of the vessel in relation to the water [m/s]; |
| Tm | respective average draught [m]; |
| hKW | heeling lever resulting from lateral wind pressure according to section 1(d) [m]; |
| hKfO | sum of the heeling levers resulting from the free surfaces of liquids according to section 1(e) [m]. |

Formula

zul

maximum permissible height of the laden vessel's centre of gravity above its base [m];

Formula

height of the metacentre above the base [m] in accordance with the approximation formula in section 3;

F

respective effective freeboard at 1/2 L [m];

Z

parameter for the centrifugal force resulting from turning

v

maximum speed of the vessel in relation to the water [m/s];

Tm

m

respective average draught [m];

hKW

KW

heeling lever resulting from lateral wind pressure according to section 1(d) [m];

hKfO

KfO

sum of the heeling levers resulting from the free surfaces of liquids according to section 1(e) [m].

Formula

Where no sheet of hydrostatic curves is available the value Formula for the calculation in accordance with section 2 and Article 22.03, section 2, may be determined by the following approximation formulae:

| (a) | for vessels in the shape of a pontoon |
| --- | --- |

(a)

for vessels in the shape of a pontoon

| (b) | for other vessels |
| --- | --- |

(b)

for other vessels

Article 22.03

Limit conditions and method of calculation for confirmation of stability for the transport of secured containers

1.   All methods of calculating vessel stability in the case of secured containers shall meet the following limit conditions:

| (a) | Metacentric height

  shall be not less than 0,50 m. |
| --- | --- |

(a)

Formula

| (b) | No hull opening shall be immersed by the joint action of the centrifugal force resulting from the turning of the vessel, the wind pressure and the free surfaces of liquids. |
| --- | --- |

(b)

No hull opening shall be immersed by the joint action of the centrifugal force resulting from the turning of the vessel, the wind pressure and the free surfaces of liquids.

| (c) | The heeling levers resulting from the centrifugal force due to the vessel's turning, the wind pressure and the free surfaces of liquids shall be determined in accordance with the formulae referred to in Article 22.02, section 1(c) to (e). |
| --- | --- |

(c)

The heeling levers resulting from the centrifugal force due to the vessel's turning, the wind pressure and the free surfaces of liquids shall be determined in accordance with the formulae referred to in Article 22.02, section 1(c) to (e).

| (d) | Half of the fuel and fresh water supply shall be taken into account for each load condition. |
| --- | --- |

(d)

Half of the fuel and fresh water supply shall be taken into account for each load condition.

2.   The stability of a vessel carrying secured containers shall be considered to be sufficient if the effective Formula does not exceed the Formula
  zul resulting from the following formulae that has been calculated for various displacements covering the entire range of draughts.

zul

| (a) | No value less than 6,6 shall be taken for and
  no value less than 0 for . |
| --- | --- |

(a)

Image

No value less than 6,6 shall be taken for Formula and

no value less than 0 for Image.

| (b) | zul =

  – 0,50 [m] |
| --- | --- |

(b)

Formula

zul

Formula

Formula

zul

Within these formulae, apart from the terms defined previously:

| I | transverse moment of inertia of water line area at Tm [m4] (for the approximation formula see section 3); |
| --- | --- |
| i | transverse moment of inertia of the water line area parallel to the base, at height |
| | water displacement of the vessel at Tm [m3]; |
| F' | ideal freeboard F' = H' – Tm [m] or [m], the lowest value shall be decisive; |
| a | the vertical distance between the lower edge of the opening that is first immersed in the event of heeling and the water line in the vessel's upright position [m]; |
| b | distance from that same opening from the centre of the vessel [m]; |
| H' | ideal side height ; |
| q | sum of the volumes of the deckhouses, hatches, trunk decks and other superstructures up to a maximum height of 1,0 m above H or up to the lowest aperture in the volume under consideration, the lowest value being decisive. Parts of volumes located within a range of 0,05 L from the extremities of the vessel shall not be taken into account [m3]. |

I

transverse moment of inertia of water line area at Tm [m4] (for the approximation formula see section 3);

m

4

i

transverse moment of inertia of the water line area parallel to the base, at height

Image

water displacement of the vessel at Tm [m3];

m

3

F'

ideal freeboard F' = H' – Tm [m] or Formula[m], the lowest value shall be decisive;

m

a

the vertical distance between the lower edge of the opening that is first immersed in the event of heeling and the water line in the vessel's upright position [m];

b

distance from that same opening from the centre of the vessel [m];

H'

ideal side height Formula;

q

sum of the volumes of the deckhouses, hatches, trunk decks and other superstructures up to a maximum height of 1,0 m above H or up to the lowest aperture in the volume under consideration, the lowest value being decisive. Parts of volumes located within a range of 0,05 L from the extremities of the vessel shall not be taken into account [m3].

3

3.   Approximation formula for I

Where there is no sheet of hydrostatic curves available the value for the transverse moment of inertia I of the water line area may be calculated by the following approximation formulae:

| (a) | for vessels in the shape of a pontoon |
| --- | --- |

(a)

for vessels in the shape of a pontoon

| (b) | for other vessels |
| --- | --- |

(b)

for other vessels

Article 22.04

Procedure for assessing stability on board

The procedure for assessing stability may be determined by the documents referred to in Article 22.01, section 2.

CHAPTER 22a

SPECIFIC REQUIREMENTS APPLICABLE TO CRAFT LONGER THAN 110 M

Article 22a.01

Application of Part I

In addition to the requirements set out in Article 2.03, section 3, the inspection body which is subsequently to issue the Community certificate shall be informed by the owner or his representative before building of craft longer than 110 m, except sea-going ships, begins (building of a new vessel or extension of a vessel already in service). That inspection body shall conduct inspections during the building stage. It may dispense with inspections during the building stage if a certificate is produced before building begins to show that an approved classification society declares that it is to supervise that building.

Article 22a.02

Application of Part II

In addition to Part II, Articles 22a.03 to 22a.05 shall apply to craft that are longer than 110 m.

Article 22a.03

Strength

Sufficient hull strength in accordance with Article 3.02, section 1(a) (longitudinal, lateral and local strength) shall be verified by a certificate issued by an approved classification society.

Article 22a.04

Buoyancy and stability

1.   Sections 2 to 9 shall apply to craft that are longer than 110 m, with the exception of passenger vessels.

2.   The proof of sufficient stability, including stability after damage, shall be verified for the most unfavourable loading condition.

The basic values for the stability calculation — the vessel's lightweight and the location of the centre of gravity — shall be determined:

| — | either by means of a heeling experiment, or |
| --- | --- |

—

either by means of a heeling experiment, or

| — | by detailed mass and moment calculation, in which case the lightweight of the vessel shall be verified by checking the draught, with a tolerance limit of +/– 5 % between the mass determined by calculation and the displacement determined by the draught readings. |
| --- | --- |

—

by detailed mass and moment calculation, in which case the lightweight of the vessel shall be verified by checking the draught, with a tolerance limit of +/– 5 % between the mass determined by calculation and the displacement determined by the draught readings.

3.   The proof of buoyancy after damage shall be verified for the fully laden craft.

For this purpose, calculated proof of sufficient stability shall be established for the critical intermediate stages of flooding and for the final stage of flooding. Negative values of stability in intermediate stages of flooding may be accepted by the competent authority if sufficient stability in subsequent intermediate stages is verified.

4.   The following assumptions shall be taken into consideration for the damaged condition:

| (a) | Extent of side damage:







  longitudinal extent | : | at least 0,10 L, |
| --- | --- | --- | --- |
| transverse extent | : | 0,59 m, |
| vertical extent | : | from the base line upwards without limit. |

(a)

Extent of side damage:

longitudinal extent

:

at least 0,10 L,

transverse extent

:

0,59 m,

vertical extent

:

from the base line upwards without limit.

| (b) | Extent of bottom damage:







  longitudinal extent | : | at least 0,10 L, |
| --- | --- | --- | --- |
| transverse extent | : | 3,00 m, |
| vertical extent | : | from the base 0,39 m upwards, the sump excepted. |

(b)

Extent of bottom damage:

longitudinal extent

:

at least 0,10 L,

transverse extent

:

3,00 m,

vertical extent

:

from the base 0,39 m upwards, the sump excepted.

| (c) | Any bulkheads within the damaged area shall be assumed damaged, which means that the subdivision shall be chosen so that the vessel remains afloat after the flooding of two or more adjacent compartments in the longitudinal direction.
  For the main engine room only the one-compartment standard need be taken into account, i.e. the end bulkheads of the engine room shall be assumed as not damaged.
  For bottom damage, adjacent athwartship compartments shall also be assumed as flooded. |
| --- | --- |

(c)

Any bulkheads within the damaged area shall be assumed damaged, which means that the subdivision shall be chosen so that the vessel remains afloat after the flooding of two or more adjacent compartments in the longitudinal direction.

For the main engine room only the one-compartment standard need be taken into account, i.e. the end bulkheads of the engine room shall be assumed as not damaged.

For bottom damage, adjacent athwartship compartments shall also be assumed as flooded.

| (d) | Permeability
  Permeability shall be assumed to be 95 %.
  By way of derogation from this assumption, the following permeability may be assumed:








  — | : | engine and operation rooms: | : | 85 % |
| --- | --- | --- | --- | --- | --- |
| — | : | double bottoms, fuel tanks, ballast tanks, etc. depending on whether, according to their function, they have to be assumed as full or empty for the vessel floating at the maximum permissible draught: | : | 0 or 95 %. |

(d)

Permeability

Permeability shall be assumed to be 95 %.

By way of derogation from this assumption, the following permeability may be assumed:

—

:

engine and operation rooms:

:

85 %

—

:

double bottoms, fuel tanks, ballast tanks, etc. depending on whether, according to their function, they have to be assumed as full or empty for the vessel floating at the maximum permissible draught:

:

0 or 95 %.

If a calculation proves that the average permeability of any compartment is lower, the calculated value may be used.

| (e) | The lower edge of any non-watertight openings (e.g. doors, windows, access hatches) shall, at the final stage of flooding, be not less than 100 mm above the damaged waterline. |
| --- | --- |

(e)

The lower edge of any non-watertight openings (e.g. doors, windows, access hatches) shall, at the final stage of flooding, be not less than 100 mm above the damaged waterline.

5.   The stability after damage shall be sufficient if, on the basis of the assumptions in section 4:

| (a) | at the final stage of flooding a safety clearance of not less than 100 mm remains and the heeling angle of the craft does not exceed 5°; or |
| --- | --- |

(a)

at the final stage of flooding a safety clearance of not less than 100 mm remains and the heeling angle of the craft does not exceed 5°; or

| (b) | calculations in accordance with the procedure for calculation of damaged stability specified in Part 9 of the ADNR produce a positive result. |
| --- | --- |

(b)

calculations in accordance with the procedure for calculation of damaged stability specified in Part 9 of the ADNR produce a positive result.

6.   When cross- or down-flooding openings are provided for reduction of asymmetrical flooding, the time for equalisation shall not exceed 15 minutes, if during the intermediate stages of flooding sufficient damaged stability has been verified.

7.   If openings through which undamaged compartments may additionally become flooded are capable of being closed watertight, the closing appliances shall be marked according to their operating instructions.

8.   The proof by calculation in accordance with sections 2 to 5 shall be considered to have been provided if damaged stability calculations in accordance with Part 9 of the ADNR, are produced with a positive result.

9.   Where necessary in order to meet the requirements in sections 2 or 3, the plane of maximum draught shall be re-established.

Article 22a.05

Additional requirements

1.   Craft longer than 110 m shall:

| (a) | be fitted with a multi-propeller propulsion system, with at least two independent engines of equal power and a bow thruster that is controlled from the wheelhouse and is also effective when the craft is in an unladen state; or
  have a single-propeller propulsion system and a bow thruster that is controlled from the wheelhouse with its own power supply and which is also effective when the craft is in an unladen state and makes it possible for the craft to proceed under its own power in the event of a breakdown of the main propulsion system; |
| --- | --- |

(a)

be fitted with a multi-propeller propulsion system, with at least two independent engines of equal power and a bow thruster that is controlled from the wheelhouse and is also effective when the craft is in an unladen state; or

have a single-propeller propulsion system and a bow thruster that is controlled from the wheelhouse with its own power supply and which is also effective when the craft is in an unladen state and makes it possible for the craft to proceed under its own power in the event of a breakdown of the main propulsion system;

| (b) | be fitted with a radar navigation system, together with a rate-of-turn indicator in accordance with Article 7.06, section 1; |
| --- | --- |

(b)

be fitted with a radar navigation system, together with a rate-of-turn indicator in accordance with Article 7.06, section 1;

| (c) | have a permanently-installed bilge pumping system in accordance with Article 8.08; |
| --- | --- |

(c)

have a permanently-installed bilge pumping system in accordance with Article 8.08;

| (d) | meet the requirements of Article 23.09, section 1.1. |
| --- | --- |

(d)

meet the requirements of Article 23.09, section 1.1.

2.   For craft, except passenger ships, with a length of more than 110 m, which in addition to section 1

| (a) | are capable of being separated, in the event of an accident, in the middle third of the vessel without the use of heavy salvage equipment while the separated parts of the vessel shall remain afloat after separation; |
| --- | --- |

(a)

are capable of being separated, in the event of an accident, in the middle third of the vessel without the use of heavy salvage equipment while the separated parts of the vessel shall remain afloat after separation;

| (b) | are provided with a certificate that shall be carried on board and which is issued by an approved classification society regarding the buoyancy, trim position and stability of the separate parts of the vessel, indicating the degree of loading above which buoyancy of the two parts is no longer ensured; |
| --- | --- |

(b)

are provided with a certificate that shall be carried on board and which is issued by an approved classification society regarding the buoyancy, trim position and stability of the separate parts of the vessel, indicating the degree of loading above which buoyancy of the two parts is no longer ensured;

| (c) | are built as double-hull vessels in accordance with the ADNR, where for motor vessels sections 9.1.0.91 to 9.1.0.95, and for tank vessels sections 9.3.2.11.7 and 9.3.2.13 to 9.3.2.15 of Part 9 of the ADNR shall apply; |
| --- | --- |

(c)

are built as double-hull vessels in accordance with the ADNR, where for motor vessels sections 9.1.0.91 to 9.1.0.95, and for tank vessels sections 9.3.2.11.7 and 9.3.2.13 to 9.3.2.15 of Part 9 of the ADNR shall apply;

| (d) | are fitted with a multi-screw propulsion system in accordance with section 1(a), first half sentence; |
| --- | --- |

(d)

are fitted with a multi-screw propulsion system in accordance with section 1(a), first half sentence;

it shall be entered in item 52 of the Community certificate that they comply with all the requirements of points (a) to (d).

3.   For passenger vessels with a length of more than 110 m which in addition to section 1

| (a) | are built or converted for their highest class under the supervision of an approved classification society, in which case compliance shall be confirmed by means of a certificate issued by the classification society while current class is not necessary; |
| --- | --- |

(a)

are built or converted for their highest class under the supervision of an approved classification society, in which case compliance shall be confirmed by means of a certificate issued by the classification society while current class is not necessary;

| (b) | either
  have a double bottom with a height of at least 600 mm and subdivision to ensure that, in the event of flooding of any two adjacent watertight compartments, the vessel does not immerse lower than the margin line and a residual safety clearance of 100 mm remains
  or
  have a double bottom with a height of at least 600 mm and a double hull with a distance of at least 800 mm between the side wall of the vessel and the longitudinal bulkhead; |
| --- | --- |

(b)

either

have a double bottom with a height of at least 600 mm and subdivision to ensure that, in the event of flooding of any two adjacent watertight compartments, the vessel does not immerse lower than the margin line and a residual safety clearance of 100 mm remains

or

have a double bottom with a height of at least 600 mm and a double hull with a distance of at least 800 mm between the side wall of the vessel and the longitudinal bulkhead;

| (c) | be fitted with a multi-screw propulsion system with at least two independent engines of equal power and a bow thruster system which can be operated from the wheelhouse and which operates longitudinally as well as transversely; |
| --- | --- |

(c)

be fitted with a multi-screw propulsion system with at least two independent engines of equal power and a bow thruster system which can be operated from the wheelhouse and which operates longitudinally as well as transversely;

| (d) | allow the stern anchor to be operated directly from the wheelhouse; |
| --- | --- |

(d)

allow the stern anchor to be operated directly from the wheelhouse;

it shall be entered in item 52 of the Community certificate that they comply with all the requirements of points (a) to (d).

Article 22a.06

Application of Part IV in the event of conversion

The inspection body may apply Chapter 24 to craft converted to a length of more than 110 m only on the basis of specific recommendations by the Committee.

CHAPTER 22b

SPECIFIC REQUIREMENTS APPLICABLE TO HIGH-SPEED VESSELS

Article 22b.01

General

1.   High-speed vessels shall not be constructed as cabin vessels.

2.   The following installations are prohibited on board high-speed vessels:

| (a) | appliances fitted with wick burners according to Article 13.02; |
| --- | --- |

(a)

appliances fitted with wick burners according to Article 13.02;

| (b) | vaporising oil burner stoves according to Articles 13.03 and 13.04; |
| --- | --- |

(b)

vaporising oil burner stoves according to Articles 13.03 and 13.04;

| (c) | solid-fuel heating appliances according Article 13.07; |
| --- | --- |

(c)

solid-fuel heating appliances according Article 13.07;

| (d) | liquefied gas installations according to Chapter 14. |
| --- | --- |

(d)

liquefied gas installations according to Chapter 14.

Article 22b.02

Application of Part I

1.   In addition to the provisions of Article 2.03, high-speed vessels shall be constructed and classified under the supervision and in accordance with the applicable rules of an approved classification society which has special rules for high-speed vessels. The class shall be maintained.

2.   By way of derogation from Article 2.06, Community certificates issued in accordance with the provisions of this Chapter shall be valid for a maximum of five years.

Article 22b.03

Application of Part II

1.   Notwithstanding section 2 and Article 22b.02, section 2, Chapters 3 to 15 shall apply to high-speed vessels, with the exception of the following provisions:

| (a) | Article 3.04, section 6, second paragraph; |
| --- | --- |

(a)

Article 3.04, section 6, second paragraph;

| (b) | Article 8.08, section 2, second sentence; |
| --- | --- |

(b)

Article 8.08, section 2, second sentence;

| (c) | Article 11.02, section 4, second and third sentences; |
| --- | --- |

(c)

Article 11.02, section 4, second and third sentences;

| (d) | Article 12.02, section 4, second sentence; |
| --- | --- |

(d)

Article 12.02, section 4, second sentence;

| (e) | Article 15.06, section 3(a), second sentence. |
| --- | --- |

(e)

Article 15.06, section 3(a), second sentence.

2.   By way of derogation from Article 15.02, section 9, and Article 15.15, section 7, all doors in watertight bulkheads shall be capable of being remote controlled.

3.   By way of derogation from Article 6.02, section 1, in case of failure or malfunctioning of the steering apparatus drive unit a second independent steering apparatus drive unit or a manually operated drive unit shall come into operation without time delay.

4.   In addition to the requirements of Part II, high-speed vessels shall meet the requirements of Articles 22b.04 to 22b.12.

Article 22b.04

Seats and safety belts

Seats shall be available for the maximum number of passengers permitted on board. Seats shall be fitted with safety belts. Safety belts may be dispensed with where suitable impact protection is provided or where they are not required under Chapter 4, part 6, of the HSC Code 2000.

Article 22b.05

Freeboard

By way of derogation from Articles 4.02 and 4.03, the freeboard shall be at least 500 mm.

Article 22b.06

Buoyancy, stability and subdivision

For high-speed vessels, proper documentation shall be provided for:

| (a) | buoyancy and stability characteristics adequate for safety where the craft is operated in the displacement mode, both when intact and when damaged; |
| --- | --- |

(a)

buoyancy and stability characteristics adequate for safety where the craft is operated in the displacement mode, both when intact and when damaged;

| (b) | stability characteristics and stabilising systems ensuring the safety of the craft when used in the dynamic buoyancy phase and the transition phase; |
| --- | --- |

(b)

stability characteristics and stabilising systems ensuring the safety of the craft when used in the dynamic buoyancy phase and the transition phase;

| (c) | stability characteristics in the non-displacement and transitional modes adequate to transfer the craft safely to displacement mode in case of any system malfunction. |
| --- | --- |

(c)

stability characteristics in the non-displacement and transitional modes adequate to transfer the craft safely to displacement mode in case of any system malfunction.

Article 22b.07

Wheelhouse

1.   Arrangement

| (a) | By way of derogation from Article 7.01, section 1, wheelhouses shall be arranged in such a way that the helmsman and a second member of the crew may at all times perform their tasks while the vessel is under way. |
| --- | --- |

(a)

By way of derogation from Article 7.01, section 1, wheelhouses shall be arranged in such a way that the helmsman and a second member of the crew may at all times perform their tasks while the vessel is under way.

| (b) | The steering position shall be arranged so as to accommodate workstations for the persons mentioned in (a). The instruments for navigation, manoeuvring, monitoring and communication and other important operating controls shall be sufficiently close together to allow a second member of the crew as well as the helmsman to obtain the necessary information and to operate the controls and installations as necessary while seated. The following requirements shall apply in all cases:






  (aa) | the steering position for the helmsman shall be arranged so as to allow radar navigation by one person |
| --- | --- | --- |

(b)

The steering position shall be arranged so as to accommodate workstations for the persons mentioned in (a). The instruments for navigation, manoeuvring, monitoring and communication and other important operating controls shall be sufficiently close together to allow a second member of the crew as well as the helmsman to obtain the necessary information and to operate the controls and installations as necessary while seated. The following requirements shall apply in all cases:

(aa)

the steering position for the helmsman shall be arranged so as to allow radar navigation by one person

| (bb) | the second member of the crew shall have his own radar screen (slave) at his workstation and shall be able to intervene from his workstation to transmit information and control the propulsion of the vessel. |
| --- | --- |

(bb)

the second member of the crew shall have his own radar screen (slave) at his workstation and shall be able to intervene from his workstation to transmit information and control the propulsion of the vessel.

| (c) | The persons mentioned in (a) shall be able to operate the installations mentioned in (b) without any hindrance, including when safety belts are properly worn. |
| --- | --- |

(c)

The persons mentioned in (a) shall be able to operate the installations mentioned in (b) without any hindrance, including when safety belts are properly worn.

2.   Unobstructed view

| (a) | By way of derogation from Article 7.02, section 2, the area of obstructed view forward of the bow for the helmsman in a seated position shall not be more than one vessel length irrespective of the amount of cargo. |
| --- | --- |

(a)

By way of derogation from Article 7.02, section 2, the area of obstructed view forward of the bow for the helmsman in a seated position shall not be more than one vessel length irrespective of the amount of cargo.

| (b) | By way of derogation from Article 7.02, section 3, the total arc of blind sectors from right ahead to 22,5° abaft the beam on either side shall not exceed 20°. Each individual blind sector shall not exceed 5°. The clear sector between two blind sectors shall not be less than 10°. |
| --- | --- |

(b)

By way of derogation from Article 7.02, section 3, the total arc of blind sectors from right ahead to 22,5° abaft the beam on either side shall not exceed 20°. Each individual blind sector shall not exceed 5°. The clear sector between two blind sectors shall not be less than 10°.

3.   Instruments

Instrument panels for operating and monitoring the installations mentioned in Article 22b.11 shall be in separate and clearly marked positions in the wheelhouse. This shall also apply, where appropriate, to controls for launching collective lifesaving equipment.

4.   Lighting

Red light shall be used for areas or pieces of equipment which shall be lit during use.

5.   Windows

Reflections shall be avoided. A means for avoiding dazzle by sunlight shall be provided.

6.   Surface materials

The use of reflective surface materials in the wheelhouse shall be avoided.

Article 22b.08

Additional equipment

High-speed craft shall have the following equipment:

| (a) | a radar installation and rate-of-turn indicator according to Article 7.06, section 1, |
| --- | --- |

(a)

a radar installation and rate-of-turn indicator according to Article 7.06, section 1,

| (b) | readily accessible individual lifesaving equipment conforming to European Standard EN 395:1998 for the maximum number of persons permitted on board. |
| --- | --- |

(b)

readily accessible individual lifesaving equipment conforming to European Standard EN 395:1998 for the maximum number of persons permitted on board.

Article 22b.09

Closed areas

1.   General

Public spaces and accommodation and the equipment they contain shall be designed so that any person making proper use of those facilities will not suffer injury during a normal and emergency start or stop, or during manoeuvring in normal cruise and in failure or malfunction conditions.

2.   Communication

| (a) | For the purpose of informing passengers of safety measures, all passenger vessels shall be fitted with acoustic and visual installations visible and audible to everyone on board. |
| --- | --- |

(a)

For the purpose of informing passengers of safety measures, all passenger vessels shall be fitted with acoustic and visual installations visible and audible to everyone on board.

| (b) | The installations described under (a) shall enable the boatmaster to give instructions to passengers. |
| --- | --- |

(b)

The installations described under (a) shall enable the boatmaster to give instructions to passengers.

| (c) | Every passenger shall have access to instructions for emergency situations close to their seat, including a plan of the vessel showing all exits, escape routes, emergency equipment, lifesaving equipment and instructions for the use of lifejackets. |
| --- | --- |

(c)

Every passenger shall have access to instructions for emergency situations close to their seat, including a plan of the vessel showing all exits, escape routes, emergency equipment, lifesaving equipment and instructions for the use of lifejackets.

Article 22b.10

Exits and escape routes

Escape and evacuation routes shall satisfy the following requirements:

| (a) | there shall be easy, safe and quick access from the steering position to spaces and accommodation accessible to the public; |
| --- | --- |

(a)

there shall be easy, safe and quick access from the steering position to spaces and accommodation accessible to the public;

| (b) | escape routes leading to emergency exits shall be clearly and permanently marked; |
| --- | --- |

(b)

escape routes leading to emergency exits shall be clearly and permanently marked;

| (c) | all exits shall be properly marked. The operation of the opening mechanism shall be obvious from the outside and the inside; |
| --- | --- |

(c)

all exits shall be properly marked. The operation of the opening mechanism shall be obvious from the outside and the inside;

| (d) | the escape routes and emergency exits shall have a suitable safety guidance system; |
| --- | --- |

(d)

the escape routes and emergency exits shall have a suitable safety guidance system;

| (e) | sufficient space for a member of the crew shall be left next to exits. |
| --- | --- |

(e)

sufficient space for a member of the crew shall be left next to exits.

Article 22b.11

Fire protection and fire-fighting

1.   Corridors, rooms and accommodation accessible to the public and also galleys and engine rooms shall be connected to an appropriate fire alarm system. Any fire and its location shall be indicated automatically in a place permanently manned by crew.

2.   Engine rooms shall be equipped with a permanently installed fire-fighting system according to Article 10.03b.

3.   Rooms and accommodation accessible to the public and their escape routes shall be equipped with a pressurised water sprinkler system according to Article 10.03a. It shall be possible to drain the used water rapidly and directly to the outside.

Article 22b.12

Transitional provisions

High-speed vessels according to Article 1.01, section 22 which have a valid Community certificate on 31 March 2003 shall meet the following provisions of this Chapter:

| (a) | Articles 22b.01, 22b.04, 22b.08, 22b.09, 22b.10, 22b.11, section 1
  when the Community certificate is renewed; |
| --- | --- |

(a)

Articles 22b.01, 22b.04, 22b.08, 22b.09, 22b.10, 22b.11, section 1

when the Community certificate is renewed;

| (b) | on 1 April 2013,
  Article 22b.07, sections 1, 3, 4, 5 and 6; |
| --- | --- |

(b)

on 1 April 2013,

Article 22b.07, sections 1, 3, 4, 5 and 6;

| (c) | on 1 January 2023
  all other provisions. |
| --- | --- |

(c)

on 1 January 2023

all other provisions.

PART III

CHAPTER 23

EQUIPMENT OF VESSELS WITH REGARD TO MANNING

Article 23.01

(Left void)

Article 23.02

(Left void)

Article 23.03

(Left void)

Article 23.04

(Left void)

Article 23.05

(Left void)

Article 23.06

(Left void)

Article 23.07

(Left void)

Article 23.08

(Left void)

Article 23.09

Vessels' equipment

1.   For motor vessels, pushers, pushed convoys and passenger vessels, compliance with, or failure to comply with, the provisions of sections 1.1 or 1.2 shall be entered in item 47 of the Community certificate by the inspection body.

1.1   Standard S1

| (a) | The propulsion systems shall be arranged in such a way that speed can be changed and the direction of the propeller thrust reversed from the steering position.
  It shall be possible for the auxiliary engines needed for operational purposes to be switched on or off from the steering position, unless this is done automatically or the engines run continuously during each voyage. |
| --- | --- |

(a)

The propulsion systems shall be arranged in such a way that speed can be changed and the direction of the propeller thrust reversed from the steering position.

It shall be possible for the auxiliary engines needed for operational purposes to be switched on or off from the steering position, unless this is done automatically or the engines run continuously during each voyage.

| (b) | In the danger areas of






  — | the temperature of the main-engine cooling water, |
| --- | --- | --- |

(b)

In the danger areas of

—

the temperature of the main-engine cooling water,

| — | the lubricating-oil pressure for the main engines and transmissions, |
| --- | --- |

—

the lubricating-oil pressure for the main engines and transmissions,

| — | the oil and air pressure of the main-engine reversing units, reversible transmissions or propellers, |
| --- | --- |

—

the oil and air pressure of the main-engine reversing units, reversible transmissions or propellers,

| — | the bilge levels in the main engine room |
| --- | --- |

—

the bilge levels in the main engine room

there shall be monitoring by means of instruments which set off acoustic and visual signals in the wheelhouse in the event of malfunction. The acoustic alarm signals may be combined in one audible warning device. They may be switched off as soon as the malfunction has been acknowledged. The visual alarm signals may only be switched off when the malfunctions which set them off have been corrected.

| (c) | The fuel shall be supplied and the main engine cooled automatically. |
| --- | --- |

(c)

The fuel shall be supplied and the main engine cooled automatically.

| (d) | The steering system shall be able to be operated by one person, even in maximum draught, without requiring particular force. |
| --- | --- |

(d)

The steering system shall be able to be operated by one person, even in maximum draught, without requiring particular force.

| (e) | It shall be possible to give the visual and acoustic signals required under national or international navigational authority regulations, as appropriate, from the steering position. |
| --- | --- |

(e)

It shall be possible to give the visual and acoustic signals required under national or international navigational authority regulations, as appropriate, from the steering position.

| (f) | Where there is no direct communication between the steering position and the foresection, the aft, the accommodation and the engine rooms, a voice communication system shall be provided. For communication with the engine rooms, this may be in the form of an optical or acoustic signal. |
| --- | --- |

(f)

Where there is no direct communication between the steering position and the foresection, the aft, the accommodation and the engine rooms, a voice communication system shall be provided. For communication with the engine rooms, this may be in the form of an optical or acoustic signal.

| (g) | The required ship's boat shall be capable of being released by one crew member alone and in an appropriate amount of time. |
| --- | --- |

(g)

The required ship's boat shall be capable of being released by one crew member alone and in an appropriate amount of time.

| (h) | There shall be a searchlight which can be operated from the steering position. |
| --- | --- |

(h)

There shall be a searchlight which can be operated from the steering position.

| (i) | The operation of cranks and similar revolving parts of lifting devices shall not require a force of more than 160 N. |
| --- | --- |

(i)

The operation of cranks and similar revolving parts of lifting devices shall not require a force of more than 160 N.

| (k) | The towing winches entered in the Community certificate shall be motorised. |
| --- | --- |

(k)

The towing winches entered in the Community certificate shall be motorised.

| (l) | The bilge and deck-wash pumps shall be motorised. |
| --- | --- |

(l)

The bilge and deck-wash pumps shall be motorised.

| (m) | The principal control units and monitoring instruments shall be ergonomically arranged. |
| --- | --- |

(m)

The principal control units and monitoring instruments shall be ergonomically arranged.

| (n) | The equipment required under Article 6.01, section 1, shall be capable of being remotely operated from the steering position. |
| --- | --- |

(n)

The equipment required under Article 6.01, section 1, shall be capable of being remotely operated from the steering position.

1.2   Standard S2

| (a) | For motor vessels operating seperately: | standard S1 and additionally equipped with a bow thruster which can be operated from the steering position; |
| --- | --- | --- |

(a)

For motor vessels operating seperately:

standard S1 and additionally equipped with a bow thruster which can be operated from the steering position;

| (b) | For motor vessels propelling in side-by-side formation: | standard S1 and additionally equipped with a bow thruster which can be operated from the steering position; |
| --- | --- | --- |

(b)

For motor vessels propelling in side-by-side formation:

standard S1 and additionally equipped with a bow thruster which can be operated from the steering position;

| (c) | For motor vessels propelling pushed convoys made up of the motor vessel itself and a craft in front: | standard S1 and additionally equipped with hydraulic or electrically operated coupling winches. This equipment is, however, not required if the foremost vehicle in the pushed convoy is equipped with a bow thruster which can be operated from the steering position of the pushing motor vessel; |
| --- | --- | --- |

(c)

For motor vessels propelling pushed convoys made up of the motor vessel itself and a craft in front:

standard S1 and additionally equipped with hydraulic or electrically operated coupling winches. This equipment is, however, not required if the foremost vehicle in the pushed convoy is equipped with a bow thruster which can be operated from the steering position of the pushing motor vessel;

| (d) | For pushers propelling a pushed convoy: | standard S1 and additionally equipped with hydraulic or electric coupling winches. This equipment is, however, not required if the foremost craft in the pushed convoy is equipped with a bow thruster which can be operated from the steering position of the pusher; |
| --- | --- | --- |

(d)

For pushers propelling a pushed convoy:

standard S1 and additionally equipped with hydraulic or electric coupling winches. This equipment is, however, not required if the foremost craft in the pushed convoy is equipped with a bow thruster which can be operated from the steering position of the pusher;

| (e) | For passenger vessels: | standard S1 and additionally equipped with a bow thruster which can be operated from the steering position. This equipment is, however, not required if the propulsion system and steering system of the passenger vessel guarantee equal manoeuvrability. |
| --- | --- | --- |

(e)

For passenger vessels:

standard S1 and additionally equipped with a bow thruster which can be operated from the steering position. This equipment is, however, not required if the propulsion system and steering system of the passenger vessel guarantee equal manoeuvrability.

Article 23.10

(Left void)

Article 23.11

(Left void)

Article 23.12

(Left void)

Article 23.13

(Left void)

Article 23.14

(Left void)

Article 23.15

(Left void)

PART IV

CHAPTER 24

TRANSITIONAL AND FINAL PROVISIONS

Article 24.01

Applicability of transitional provisions to craft which are already in service

1.   The provisions of Articles 24.02 to 24.04 apply only to craft carrying on ... (27) a valid vessel certificate according to the Rhine Vessel Inspection Regulation in force on 31 December 1994, or which were under construction or undergoing conversion on 31 December 1994.

27

2.   For craft not covered by section 1, the provisions of Article 24.06 apply.

Article 24.02

Derogations for craft which are already in service

1.   Without prejudice to Articles 24.03 and 24.04, craft which do not fully comply with the provisions of this Directive must

| (a) | be adapted to comply with those provisions in accordance with the transitional provisions listed in the table below, and |
| --- | --- |

(a)

be adapted to comply with those provisions in accordance with the transitional provisions listed in the table below, and

| (b) | until their adaptation, comply with the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

(b)

until their adaptation, comply with the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2.   The following definitions apply in the table below:

| — | ‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions. |
| --- | --- |

—

‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions.

N

R

C

| — | ‘Issue or renewal of the Community certificate’: The provision must be complied with the time of the next issue or renewal of the Community certificate after the date indicated. |
| --- | --- |

—

‘Issue or renewal of the Community certificate’: The provision must be complied with the time of the next issue or renewal of the Community certificate after the date indicated.

| Article and Section | Content | Deadline and comments |
| --- | --- | --- |
| CHAPTER 3 |
| 3.03 sec. 1(a) | Situation of collision bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 2 | Accommodations | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| Safety equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 4 | Gastight separation of accommodations from engine rooms, boiler rooms and holds | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 5, 2nd par. | Monitoring of doors in aft-peak bulkheads | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 7 | Anchors not protruding in foresections of vessels | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2041 |
| 3.04 sec. 3, 2nd sentence | Insulation material used in engine rooms | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 3, 3rd and 4th sentences | Openings and locking devices | N.R.C., at the latest on issue or renewal of the Community certificate |
| 3.04 sec. 6 | Exits of engine rooms | Engine rooms which were not considered as engine rooms according to Article 1.01 before 1995 must be equipped with a second exit at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| CHAPTER 5 |
| 5.06 sec. 1, 1st sentence | Minimum speed | For craft laid down before 1996 at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| CHAPTER 6 |
| 6.01 sec. 1 | Manoeuvrability required by Chapter 5 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 3 | Permanent lists and ambient temperatures | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 7 | Design of rudder stocks | For craft laid down before 1996: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 6.02 sec. 2 | Single operation sufficient to operate second driving unit | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 3 | Manoeuvrability required by Chapter 5 ensured by second drive unit/manual drive | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 6.03 sec. 1 | Connection of other consumers to hydraulic steering apparatus drive unit | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 2 | Separate hydraulic reservoirs | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 6.05 sec. 1 | Wheel of manual drive not driven by powered drive unit | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 6.06 sec. 1 | Two independent actuation systems | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 6.07 sec. 2(a) | Monitoring devices for level of hydraulic reservoir and service pressure | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 2(e) | Monitoring of buffer devices | N.R.C., at the latest on issue or renewal of the Community certificate |
| 6.08 sec. 1 | Requirements for electrical equipment according to Article 9.20 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 7 |
| 7.02 sec. 3, 2nd par. | Unobstructed view in the helmsman's usual axis of vision | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 5 | Minimal light transmission | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 7.03 sec. 7 | Shutdown of alarms | N.R.C., at the latest on issue or renewal of the Community certificate, unless the wheelhouse has been designed for radar navigation by one person |
| sec. 8 | Automatic switch to another power supply | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 7.04 sec. 1 | Control of main engines and steering systems | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 2 | Control of main engine | Unless wheelhouses have been designed for radar navigation by one person: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 if the direction of motion can be achieved directly; 1.1.2010 for other engines |
| 7.09 | Alarm system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 7.12 1st par. | Retractable wheelhouses | N.R.C., at the latest on issue or renewal of the Community certificate
  Non-hydraulic lowering system: at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 2nd and 3rd pars. | | N.R.C., at the latest on issue or renewal of the Community certificate |
| CHAPTER 8 |
| 8.01 sec. 3 | Only internal-combustion engines burning fuels having a flashpoint of more than 55 °C | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 8.02 sec. 1 | Securing of engines against unintentional starting | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 4 | Automatic protection of engine parts | N.R.C., at the latest on issue or renewal of the Community certificate |
| 8.03 sec. 2 | Monitoring devices | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 3 | Automatic protection against overspeed | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 5 | Design of shaft bushings | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 8.05 sec. 1 | Steel tanks for liquid fuels | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 2 | Automatic closing of tank valves | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 3 | No fuel tanks located forward of the collision bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 4 | No fuel tanks and their fittings above engines or exhaust pipes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Until then, appropriate devices must ensure the safe evacuation of fuels. |
| sec. 6, 3rd to 5th sentences | Installation and measurements of breather pipes and connection pipes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 8.05 sec. 7 | Shutoff device to be operated from the deck | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 9, 1st sentence | Capacity-gauging devices to be legible up to maximum filling level | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 13 | Filling level control not only for main engines but also other engines needed for safe operation of the vessel | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 8.08 sec. 8 | Simple closing device not sufficient for connection of ballast spaces to drainage pipes for holds capable of carrying ballast | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 9 | Gauging devices in hold bilges | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 8.09 sec. 2 | Installations for the collection of oily water and used oil stores | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 8.10 sec. 3 | Emission limit of 65 dB(A) for stationary vessels | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 8a |
| | The transitional provisions on Chapter 8a of the Rhine Vessel Inspection Regulation apply | |
| CHAPTER 9 |
| 9.01 sec. 1, 2nd sentence | Relevant documents to be submitted to the inspection body | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 2, 2nd indent | Switching diagrams for main, emergency and distribution switchboard to be kept on board | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 3 | Ambient inside and deck temperatures | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.02 secs. 1 to 3 | Electricity supply systems | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.05 sec. 4 | Cross-section of the earthing conductors | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.11 sec. 4 | Effective ventilation when accumulators are installed in a closed compartment, cabinet or chest | N.R.C., at the latest on issue or renewal of the Community certificate |
| 9.12 sec. 2(d) | Switch-gear installations | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 3(b) | Earth detection device capable of giving both visual and audible alarm | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.13 | Emergency circuit breakers | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.14 sec. 3, 2nd sentence | Prohibition of single-pole switches in laundries, bathrooms, washrooms and other rooms with wet facilities | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.15 sec. 2 | Minimum cross-section of 1,5 mm2 per cable | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 9 | Cables connected to retractable wheelhouses | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 9.16 sec. 3, 2nd sentence | Second circuit | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.19 | Alarm and safety systems for mechanical equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.20 | Electronic equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 9.21 | Electromagnetic compatibility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| CHAPTER 10 |
| 10.01 | Anchor equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 10.02 sec. 2(a) | Certificate for mooring and other cables | First cable to be replaced on the vessel: N.R.C., at the latest 1.1.2008
  Second and third cables: 1.1.2013 |
| 10.03 sec. 1 | European standard | For replacement, at the latest 1.1.2010 |
| sec. 2 | Suitability for Class A, B and C fires | For replacement, at the latest 1.1.2010 |
| sec. 4 | Relation of CO2 content and size of room | For replacement, at the latest 1.1.2010 |
| 10.03a | Permanently installed fire-fighting systems in accommodation spaces, wheelhouses  and passenger spaces | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 10.03b | Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms | (28) |
| 10.04 | Application of the European standard to dinghies | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 10.05 sec. 2 | Inflatable life jackets | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Life jackets which have been on board on 30.9.2003 may be used until the issue or renewal of the Community certificate after 1.1.2010. |
| CHAPTER 11 |
| 11.02 sec. 4 | Equipment of outer edges of decks, side decks and work stations | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 11.04 | Side decks | (29)First issue or renewal of the Community certificate after 1.1.2035, when larger than 7,30 m |
| 11.05 sec. 1 | Access to workplaces | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| secs. 2 and 3 | Doors and accesses, exits and passageways where there is more than a 0,50 m difference in floor level | Issue or renewal of the Community certificate |
| sec. 4 | Stairs in working spaces which are manned continuously | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 11.06 sec. 2 | Exits and emergency exits | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 11.07 sec. 1, 2nd sentence | Ladders, steps and similar devices | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| secs. 2 and 3 | | Issue or renewal of the Community certificate |
| 11.10 | Hatch covers | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 11.11 | Winches | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 11.12 secs. 2 to 6 and 8 to 10 | Cranes: manufacturer's plate, maximum permissible loadings, protection devices, calculation test, inspection by experts, certificates on board | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 11.13 | Storing of flammable liquids | N.R.C., at the latest on issue or renewal of the Community certificate |
| CHAPTER 12 |
| 12.01 sec. 1 | Accommodation for the persons lodging habitually on board | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 12.02 sec. 3 | Situation of floors | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 4 | Living and sleeping quarters | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 6 | Headroom in the accommodation | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 8 | Free floor area of communal living quarters | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 9 | Cubic capacity of rooms | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 10 | Volume of airspace per person | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 11 | Size of doors | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 12(a) and (b) | Situation of stairs | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 13 | Pipes carrying dangerous gases or liquids | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 12.03 | Sanitary installations | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 12.04 | Galleys | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 12.05 | Potable water | N.R.C., at the latest on 31.12.2006 |
| 12.06 | Heating and ventilation | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 12.07 sec. 1, 2nd sentence | Other accommodation installations | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| CHAPTER 15 |
| 15.01 sec. 1(d) | Non-application of Article 9.14 sec. 3 2nd sentence for rated voltages of over 50 V | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 2(c) | Prohibition of solid fuel heaters according to Article 13.07 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010
  The provision does not apply to craft with solid fuel engines (steam engines). |
| (e) | Prohibition of liquefied gas devices according to Chapter 14 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.02 sec. 2 | Number and position of bulkheads | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 5, 2nd sentence | Margin line if no bulkhead deck | For passenger vessels which have been laid down before 1.1.1996, the requirement applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 10(c) | Time for closure process | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 12 | Optical warning system | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 15 | Minimum height of double bottoms, width of wing voids | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.03 secs. 1 to 6 | Intact stability | N.R.C., and when the maximum number of passengers is raised, at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| secs. 7 and 8 | Damaged stability | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 9 | 2-compartment status | N.R.C. |
| secs. 10 to 13 | Damaged stability | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.05 sec. 2(a) | Number of passengers for whom the existence of an evacuation area according to Article 15.06 sec. 8 has been proven | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| (b) | Number of passengers that has been taken into account for the stability calculation according to Article 15.03 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.06 sec. 1(a) | Passenger rooms on all decks aft of the collision bulkhead and forward of the level of the aft-peak bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 3(c), 1st sentence | Clear height of exits | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 2nd sentence | Clear width of doors of passenger cabins and other small rooms | For the measurement of 0,7 m, N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045, applies |
| 15.06 sec. 3(f), 1st sentence | Size of emergency exits | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| (g) | Exits of rooms intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 4(d) | Doors intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 5 | Requirements for connecting corridors | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 6(b) | Escape routes to evacuation areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| (d) | No rungs, ladders or the like installed along the escape routes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 7 | Suitable safety guidance system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 8 | Requirements for muster areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 9 | Requirements for stairs and their landings in the passenger areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 10(a), 1st sentence | Railing according to European standard EN 711:1995 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 2nd sentence | Height of bulwarks and railings of decks intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.06 sec. 10(b), 2nd sentence | Clear width of openings used normally for the embarking or disembarking of persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 13 | Traffic areas and walls in traffic areas intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 14, 1st sentence | Design of glass doors and walls in traffic areas and window panes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 15 | Requirements for superstructures or their roofs consisting completely of panoramic panes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 16 | Potable water systems in accordance with Article 12.05 | N.R.C., at the latest on issue or renewal of the Community certificate after 31.12.2006 |
| sec. 17, 2nd sentence | Requirements for toilets fitted for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 18 | Ventilation system for cabins without an opening window | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| sec. 19 | Requirements of Article 15.06 for rooms in which crew members or shipboard personnel are accommodated | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.07 | Requirements for the propulsion system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.08 sec. 2 | Requirements for loudspeaker systems in passenger areas | For passenger vessels with LWL of less than 40 m or for not more than 75 persons the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 3 | Requirements for the alarm system | For day-trip vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 4 | Bilge level alarm for each watertight compartment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 5 | Two motor-driven bilge pumps | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 6 | Permanently installed bilge system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 8 | Ventilation system for CO2 bar-systems in rooms below deck | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 15.09 sec. 3 | Appropriate transfer equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 15.09 sec. 4 | Individual life-saving equipment for children | Until the issue or renewal of the Community certificate after 1.1.2010 this equipment is considered an alternative to individual life-saving equipment |
| | Life-saving equipment | For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 5 before 1.1.2005, these appliances are considered an alternative to individual life-saving equipment.
  For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 6 before 1.1.2005, these are considered an alternative to individual life-saving equipment until the issue or renewal of the Community certificate after 1.1.2010. |
| sec. 5(b) and (c) | Adequate seating space, buoyancy of at least 750 N | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| (f) | Stable trim and appropriate grabbing devices | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| (i) | Appropriate means of evacuation from evacuation areas on to life rafts | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| sec. 10 | Ship's boat equipped with engine and searchlight | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 |
| 15.10 sec. 2 | Article 9.16 sec. 3 also applicable to passageways and recreation rooms for passengers | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 3 | Adequate emergency lighting | Emergency lighting N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 15.10 sec. 4 | Emergency power plant | For day-trip vessels with LWL of 25 m or less, the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| (f) | Emergency supply for searchlights according to Article 10.02 sec. 2(i) | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| (i) | Emergency supply for lifts and lifting equipment according to Article 15.06, sec. 9, 2nd sentence | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| sec. 6 | Requirements for the emergency power plant: | |
| | - | Partitions according to Article 15.11 sec. 2 |

Article and Section

Content

Deadline and comments

CHAPTER 3

3.03 sec. 1(a)

Situation of collision bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 2

Accommodations

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

Safety equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 4

Gastight separation of accommodations from engine rooms, boiler rooms and holds

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 5, 2nd par.

Monitoring of doors in aft-peak bulkheads

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 7

Anchors not protruding in foresections of vessels

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2041

3.04 sec. 3, 2nd sentence

Insulation material used in engine rooms

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 3, 3rd and 4th sentences

Openings and locking devices

N.R.C., at the latest on issue or renewal of the Community certificate

3.04 sec. 6

Exits of engine rooms

Engine rooms which were not considered as engine rooms according to Article 1.01 before 1995 must be equipped with a second exit at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

CHAPTER 5

5.06 sec. 1, 1st sentence

Minimum speed

For craft laid down before 1996 at the latest on issue or renewal of the Community certificate after 1.1.2035

CHAPTER 6

6.01 sec. 1

Manoeuvrability required by Chapter 5

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 3

Permanent lists and ambient temperatures

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 7

Design of rudder stocks

For craft laid down before 1996: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

6.02 sec. 2

Single operation sufficient to operate second driving unit

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 3

Manoeuvrability required by Chapter 5 ensured by second drive unit/manual drive

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

6.03 sec. 1

Connection of other consumers to hydraulic steering apparatus drive unit

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 2

Separate hydraulic reservoirs

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

6.05 sec. 1

Wheel of manual drive not driven by powered drive unit

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

6.06 sec. 1

Two independent actuation systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

6.07 sec. 2(a)

Monitoring devices for level of hydraulic reservoir and service pressure

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 2(e)

Monitoring of buffer devices

N.R.C., at the latest on issue or renewal of the Community certificate

6.08 sec. 1

Requirements for electrical equipment according to Article 9.20

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

CHAPTER 7

7.02 sec. 3, 2nd par.

Unobstructed view in the helmsman's usual axis of vision

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 5

Minimal light transmission

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

7.03 sec. 7

Shutdown of alarms

N.R.C., at the latest on issue or renewal of the Community certificate, unless the wheelhouse has been designed for radar navigation by one person

sec. 8

Automatic switch to another power supply

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

7.04 sec. 1

Control of main engines and steering systems

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 2

Control of main engine

Unless wheelhouses have been designed for radar navigation by one person: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 if the direction of motion can be achieved directly; 1.1.2010 for other engines

7.09

Alarm system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

7.12 1st par.

Retractable wheelhouses

N.R.C., at the latest on issue or renewal of the Community certificate

Non-hydraulic lowering system: at the latest on issue or renewal of the Community certificate after 1.1.2035

2nd and 3rd pars.

N.R.C., at the latest on issue or renewal of the Community certificate

CHAPTER 8

8.01 sec. 3

Only internal-combustion engines burning fuels having a flashpoint of more than 55 °C

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

8.02 sec. 1

Securing of engines against unintentional starting

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 4

Automatic protection of engine parts

N.R.C., at the latest on issue or renewal of the Community certificate

8.03 sec. 2

Monitoring devices

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 3

Automatic protection against overspeed

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 5

Design of shaft bushings

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

8.05 sec. 1

Steel tanks for liquid fuels

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 2

Automatic closing of tank valves

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 3

No fuel tanks located forward of the collision bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 4

No fuel tanks and their fittings above engines or exhaust pipes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Until then, appropriate devices must ensure the safe evacuation of fuels.

sec. 6, 3rd to 5th sentences

Installation and measurements of breather pipes and connection pipes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

8.05 sec. 7

Shutoff device to be operated from the deck

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 9, 1st sentence

Capacity-gauging devices to be legible up to maximum filling level

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 13

Filling level control not only for main engines but also other engines needed for safe operation of the vessel

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

8.08 sec. 8

Simple closing device not sufficient for connection of ballast spaces to drainage pipes for holds capable of carrying ballast

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 9

Gauging devices in hold bilges

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

8.09 sec. 2

Installations for the collection of oily water and used oil stores

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

8.10 sec. 3

Emission limit of 65 dB(A) for stationary vessels

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

CHAPTER 8a

The transitional provisions on Chapter 8a of the Rhine Vessel Inspection Regulation apply

CHAPTER 9

9.01 sec. 1, 2nd sentence

Relevant documents to be submitted to the inspection body

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 2, 2nd indent

Switching diagrams for main, emergency and distribution switchboard to be kept on board

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 3

Ambient inside and deck temperatures

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.02 secs. 1 to 3

Electricity supply systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.05 sec. 4

Cross-section of the earthing conductors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.11 sec. 4

Effective ventilation when accumulators are installed in a closed compartment, cabinet or chest

N.R.C., at the latest on issue or renewal of the Community certificate

9.12 sec. 2(d)

Switch-gear installations

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 3(b)

Earth detection device capable of giving both visual and audible alarm

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.13

Emergency circuit breakers

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.14 sec. 3, 2nd sentence

Prohibition of single-pole switches in laundries, bathrooms, washrooms and other rooms with wet facilities

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.15 sec. 2

Minimum cross-section of 1,5 mm2 per cable

2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 9

Cables connected to retractable wheelhouses

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

9.16 sec. 3, 2nd sentence

Second circuit

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.19

Alarm and safety systems for mechanical equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.20

Electronic equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

9.21

Electromagnetic compatibility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

CHAPTER 10

10.01

Anchor equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

10.02 sec. 2(a)

Certificate for mooring and other cables

First cable to be replaced on the vessel: N.R.C., at the latest 1.1.2008

Second and third cables: 1.1.2013

10.03 sec. 1

European standard

For replacement, at the latest 1.1.2010

sec. 2

Suitability for Class A, B and C fires

For replacement, at the latest 1.1.2010

sec. 4

Relation of CO2 content and size of room

2

For replacement, at the latest 1.1.2010

10.03a

Permanently installed fire-fighting systems in accommodation spaces, wheelhouses  and passenger spaces

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

10.03b

Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms

(28)

28

10.04

Application of the European standard to dinghies

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

10.05 sec. 2

Inflatable life jackets

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Life jackets which have been on board on 30.9.2003 may be used until the issue or renewal of the Community certificate after 1.1.2010.

CHAPTER 11

11.02 sec. 4

Equipment of outer edges of decks, side decks and work stations

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

11.04

Side decks

(29)First issue or renewal of the Community certificate after 1.1.2035, when larger than 7,30 m

29

11.05 sec. 1

Access to workplaces

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

secs. 2 and 3

Doors and accesses, exits and passageways where there is more than a 0,50 m difference in floor level

Issue or renewal of the Community certificate

sec. 4

Stairs in working spaces which are manned continuously

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

11.06 sec. 2

Exits and emergency exits

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

11.07 sec. 1, 2nd sentence

Ladders, steps and similar devices

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

secs. 2 and 3

Issue or renewal of the Community certificate

11.10

Hatch covers

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

11.11

Winches

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

11.12 secs. 2 to 6 and 8 to 10

Cranes: manufacturer's plate, maximum permissible loadings, protection devices, calculation test, inspection by experts, certificates on board

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

11.13

Storing of flammable liquids

N.R.C., at the latest on issue or renewal of the Community certificate

CHAPTER 12

12.01 sec. 1

Accommodation for the persons lodging habitually on board

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

12.02 sec. 3

Situation of floors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 4

Living and sleeping quarters

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 6

Headroom in the accommodation

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 8

Free floor area of communal living quarters

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 9

Cubic capacity of rooms

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 10

Volume of airspace per person

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 11

Size of doors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 12(a) and (b)

Situation of stairs

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 13

Pipes carrying dangerous gases or liquids

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

12.03

Sanitary installations

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

12.04

Galleys

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

12.05

Potable water

N.R.C., at the latest on 31.12.2006

12.06

Heating and ventilation

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

12.07 sec. 1, 2nd sentence

Other accommodation installations

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

CHAPTER 15

15.01 sec. 1(d)

Non-application of Article 9.14 sec. 3 2nd sentence for rated voltages of over 50 V

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 2(c)

Prohibition of solid fuel heaters according to Article 13.07

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

The provision does not apply to craft with solid fuel engines (steam engines).

(e)

Prohibition of liquefied gas devices according to Chapter 14

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.02 sec. 2

Number and position of bulkheads

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 5, 2nd sentence

Margin line if no bulkhead deck

For passenger vessels which have been laid down before 1.1.1996, the requirement applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 10(c)

Time for closure process

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 12

Optical warning system

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 15

Minimum height of double bottoms, width of wing voids

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.03 secs. 1 to 6

Intact stability

N.R.C., and when the maximum number of passengers is raised, at the latest on issue or renewal of the Community certificate after 1.1.2045

secs. 7 and 8

Damaged stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 9

2-compartment status

N.R.C.

secs. 10 to 13

Damaged stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.05 sec. 2(a)

Number of passengers for whom the existence of an evacuation area according to Article 15.06 sec. 8 has been proven

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

(b)

Number of passengers that has been taken into account for the stability calculation according to Article 15.03

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.06 sec. 1(a)

Passenger rooms on all decks aft of the collision bulkhead and forward of the level of the aft-peak bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 3(c), 1st sentence

Clear height of exits

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

2nd sentence

Clear width of doors of passenger cabins and other small rooms

For the measurement of 0,7 m, N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045, applies

15.06 sec. 3(f), 1st sentence

Size of emergency exits

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

(g)

Exits of rooms intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 4(d)

Doors intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 5

Requirements for connecting corridors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 6(b)

Escape routes to evacuation areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

(d)

No rungs, ladders or the like installed along the escape routes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 7

Suitable safety guidance system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 8

Requirements for muster areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 9

Requirements for stairs and their landings in the passenger areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 10(a), 1st sentence

Railing according to European standard EN 711:1995

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

2nd sentence

Height of bulwarks and railings of decks intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.06 sec. 10(b), 2nd sentence

Clear width of openings used normally for the embarking or disembarking of persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 13

Traffic areas and walls in traffic areas intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 14, 1st sentence

Design of glass doors and walls in traffic areas and window panes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 15

Requirements for superstructures or their roofs consisting completely of panoramic panes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 16

Potable water systems in accordance with Article 12.05

N.R.C., at the latest on issue or renewal of the Community certificate after 31.12.2006

sec. 17, 2nd sentence

Requirements for toilets fitted for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 18

Ventilation system for cabins without an opening window

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 19

Requirements of Article 15.06 for rooms in which crew members or shipboard personnel are accommodated

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.07

Requirements for the propulsion system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.08 sec. 2

Requirements for loudspeaker systems in passenger areas

For passenger vessels with LWL of less than 40 m or for not more than 75 persons the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

WL

sec. 3

Requirements for the alarm system

For day-trip vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 4

Bilge level alarm for each watertight compartment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 5

Two motor-driven bilge pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 6

Permanently installed bilge system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 8

Ventilation system for CO2 bar-systems in rooms below deck

2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.09 sec. 3

Appropriate transfer equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.09 sec. 4

Individual life-saving equipment for children

Until the issue or renewal of the Community certificate after 1.1.2010 this equipment is considered an alternative to individual life-saving equipment

Life-saving equipment

For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 5 before 1.1.2005, these appliances are considered an alternative to individual life-saving equipment.

For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 6 before 1.1.2005, these are considered an alternative to individual life-saving equipment until the issue or renewal of the Community certificate after 1.1.2010.

sec. 5(b) and (c)

Adequate seating space, buoyancy of at least 750 N

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

(f)

Stable trim and appropriate grabbing devices

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

(i)

Appropriate means of evacuation from evacuation areas on to life rafts

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 10

Ship's boat equipped with engine and searchlight

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.10 sec. 2

Article 9.16 sec. 3 also applicable to passageways and recreation rooms for passengers

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 3

Adequate emergency lighting

Emergency lighting N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

15.10 sec. 4

Emergency power plant

For day-trip vessels with LWL of 25 m or less, the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

WL

(f)

Emergency supply for searchlights according to Article 10.02 sec. 2(i)

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

(i)

Emergency supply for lifts and lifting equipment according to Article 15.06, sec. 9, 2nd sentence

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 6

Requirements for the emergency power plant:

-

Partitions according to Article 15.11 sec. 2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

| - | Installation of cables |
| --- | --- |

-

Installation of cables

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

| - | Emergency power plant above the margin line |
| --- | --- |

-

Emergency power plant above the margin line

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

15.11 sec. 1

Fire protection

Suitability for fire protection of materials and components

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 2

Design of partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 3

Paints, lacquers and other surface treatment products as well as deck coverings used in rooms except engine rooms and store rooms shall be flame-retardant

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

sec. 4

Lounge ceilings and wall claddings manufactured from non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 5

Furniture and fittings in muster areas manufactured from non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 6

Tested according to Code

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 7

Insulation materials in lounges

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 8

Requirements for doors in partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 9

Walls

On cabin vessels without automatic pressurised-water spraying systems, ends of walls between cabins: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 10

Partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.11 sec. 11

Draught stops

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 12, 2nd sentence

Stairs made of steel or another equivalent non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 13

Encapsulation of internal stairs

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 14

Ventilation systems and air supply systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 15

Ventilation systems in galleys and stoves with extractors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 16

Control centres, stairwells, muster areas and smoke extraction systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 17

Fire alarm system

For day-trip vessels: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.12 sec. 1

Portable extinguishers

Extinguisher and quenching material in galleys, hairdressing salons and perfumeries: N.R.C., at the latest on issue or renewal of the Community certificate

sec. 2

Hydrant system

2nd fire extinguishing pump: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 3

Requirements for hydrant systems

Pressure and water jet length: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 6

Materials, protection against failure

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.12 sec. 7

Avoidance of the possibility of freezing of pipes and hydrants

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 8(b)

Independent operation of fire extinguishing pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

(c)

Water jet length on all decks

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

(d)

Installation of fire extinguishing pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 9

Fire extinguishing system in engine rooms

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.14 sec. 1

Waste water collection and disposal facilities

For cabin vessels with no more than 50 berths and for day-trip vessels: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 2

Requirements for waste water collection tanks

For cabin vessels with no more than 50 berths and for day-trip vessels with no more than 50 passengers: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.15 sec. 1

Damage stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

sec. 4

(Left void)

sec. 5

Equipped with a ship's boat, a platform or an equivalent installation

For passenger vessels licensed for a maximum of 250 passengers or 50 berths: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

15.15 sec. 6

Equipped with a ship's boat, a platform or an equivalent installation

For passenger vessels licensed for a maximum of 250 passengers or 50 berths: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

sec. 9(a)

Alarm systems for liquefied gas installations

N.R.C., at the latest on renewal of the certificate according to Article 14.15

(b)

Collective life-saving appliances according to Article 15.09 sec. 5

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

CHAPTER 16

16.01 sec. 2

Special winches or equivalent coupling devices

The requirement applies to craft licensed before 1.1.1995 for pushing without proper securing equipment, only at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035.

16.01 sec. 3, last sentence

Requirements for drive units

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

CHAPTER 17

17.02 sec. 3

Additional requirements

The same transitional provisions as those indicated under the relevant article apply.

17.03 sec. 1

General alarm system

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 4

Maximum authorised load

N.R.C., at the latest on issue or renewal of the Community certificate

17.04 secs. 2 and 3

Residual safety clearance

N.R.C., at the latest on issue or renewal of the Community certificate

17.05 secs. 2 and 3

Residual freeboard

N.R.C., at the latest on issue or renewal of the Community certificate

17.06, 17.07 and 17.08

Heeling test and confirmation of stability

N.R.C., at the latest on issue or renewal of the Community certificate

17.09

Draught marks and draught scales

N.R.C., at the latest on issue or renewal of the Community certificate

CHAPTER 20

The transitional provisions on Chapter 20 of the Rhine Vessel Inspection Regulation apply

CHAPTER 21

21.01 to 21.02

The requirements apply to recreational craft built before 1.1.1995, only at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035.

Article 24.03

Derogations for craft which were laid down on or before 1 April 1976

1.   In addition to the provisions of Article 24.02, the following provisions may be applied to craft which were laid down on or before 1 April 1976.

The following definitions apply in the table below:

| — | ‘R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions. |
| --- | --- |

—

‘R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions.

R

C

| — | ‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the next issue or renewal of the Community certificate after the date indicated. |
| --- | --- |

—

‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the next issue or renewal of the Community certificate after the date indicated.

| Article and Section | Content | Deadline and comments |
| --- | --- | --- |
| CHAPTER 3 |
| 3.03 sec. 1(a) | Situation of collision bulkhead | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| 3.04 sec. 2 | Common surfaces of bunkers and accommodation and passenger areas | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 |
| sec. 7 | Maximum permissible sound pressure level | Issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 4 |
| 4.01 sec. 2, 4.02 and 4.03 | Safety clearance, freeboard, minimum freeboard | Issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 7 |
| 7.01 sec. 2 | Sound pressure generated by the vessel | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 7.05 sec. 2 | Monitoring of navigation lights | Issue or renewal of the Community certificate |
| CHAPTER 8 |
| 8.08 secs. 3 and 4 | Minimum pumping capacity and internal diameter of drainage pipes | Issue or renewal of the Community certificate after 1.1.2015 |
| 8.10 sec. 2 | Noise generated by a vessel under way | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 9 |
| 9.01 | Requirements for electrical equipment | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.03 | Protection against physical contact, intrusion of solid objects and the ingress of water | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.06 | Maximum permissible voltages | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.10 | Generators and motors | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.11 sec. 2 | Installation of accumulators | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.12 | Switch-gear installations | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.14 | Installation fittings | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.15 | Cables | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| 9.17 | Navigation lights | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 12 |
| 12.02 sec. 5 | Noise and vibration in accommodations | Issue or renewal of the Community certificate after 1.1.2015 |
| CHAPTER 15 |
| 15.02 sec. 5, sec. 6, 1st sentence, secs. 7 to sec. 11 and sec. 13 | Margin line if no bulkhead deck | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.02 sec. 16 | Watertight windows | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.04 | Safety clearance, freeboard, immersion measures | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |
| 15.05 | Number of passengers | Issue or renewal of the Community certificate after 1.1.2015 |
| 15.10 sec. 4, sec. 6, sec. 7, sec. 8 and sec. 11 | Emergency power plant | R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 |

Article and Section

Content

Deadline and comments

CHAPTER 3

3.03 sec. 1(a)

Situation of collision bulkhead

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

3.04 sec. 2

Common surfaces of bunkers and accommodation and passenger areas

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

sec. 7

Maximum permissible sound pressure level

Issue or renewal of the Community certificate after 1.1.2015

CHAPTER 4

4.01 sec. 2, 4.02 and 4.03

Safety clearance, freeboard, minimum freeboard

Issue or renewal of the Community certificate after 1.1.2015

CHAPTER 7

7.01 sec. 2

Sound pressure generated by the vessel

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

7.05 sec. 2

Monitoring of navigation lights

Issue or renewal of the Community certificate

CHAPTER 8

8.08 secs. 3 and 4

Minimum pumping capacity and internal diameter of drainage pipes

Issue or renewal of the Community certificate after 1.1.2015

8.10 sec. 2

Noise generated by a vessel under way

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

CHAPTER 9

9.01

Requirements for electrical equipment

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.03

Protection against physical contact, intrusion of solid objects and the ingress of water

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.06

Maximum permissible voltages

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.10

Generators and motors

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.11 sec. 2

Installation of accumulators

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.12

Switch-gear installations

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.14

Installation fittings

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.15

Cables

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

9.17

Navigation lights

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

CHAPTER 12

12.02 sec. 5

Noise and vibration in accommodations

Issue or renewal of the Community certificate after 1.1.2015

CHAPTER 15

15.02 sec. 5, sec. 6, 1st sentence, secs. 7 to sec. 11 and sec. 13

Margin line if no bulkhead deck

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.02 sec. 16

Watertight windows

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.04

Safety clearance, freeboard, immersion measures

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

15.05

Number of passengers

Issue or renewal of the Community certificate after 1.1.2015

15.10 sec. 4, sec. 6, sec. 7, sec. 8 and sec. 11

Emergency power plant

R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

2.   Article 15.11, section 3(a), applies to day-trip vessels laid down on or before 1 April 1976 until the first issue or renewal of the Community certificate after 1.1.2045, with the proviso that only paints, varnishes, coatings and other materials used on surfaces facing escape routes and other materials for the surface treatment of panels must be fire-resistant and that smoke or toxic vapours may not develop to any dangerous extent.

3.   Article 15.11, section 12, applies to day-trip vessels laid down on or before 1 April 1976 until the first issue or renewal of the Community certificate after 1.1.2045, with the proviso that it is sufficient if, instead of stairs in the form of a load-bearing steel assembly, the stairs serving as an escape route are designed in such a way that they remain useable, in the event of a fire, for about the same time as stairs in the form of a load-bearing steel assembly.

Article 24.04

Other derogations

1.   For craft the minimum freeboard of which was determined in accordance with Article 4.04 of the Rhine Vessel Inspection Regulation as applicable on 31 March 1983, the inspection body may, at the request of the owner, determine the freeboard in accordance with Article 4.03 of the Rhine Vessel Inspection Regulation as applicable on 1 January 1995.

2.   Craft laid down before 1 July 1983 do not need to conform to Chapter 9, but must at least conform to Chapter 6 of the Rhine Vessel Inspection Regulation as applicable on 31 March 1983.

3.   Article 15.06, section 3, (a) to (e), and Article 15.12, section 3 (a), with regard to the rule concerning a single hose length apply only to craft laid down after 30 September 1984, and to conversions of the areas concerned, at the latest when the Community certificate is renewed after 1 January 2045.

4.   If it is difficult in practical terms to apply the provisions set out in this Chapter following the expiry of the transitional provisions, or if their application gives rise to unreasonably high costs, the inspection body may allow derogations from these provisions subject to recommendations by the Committee. These derogations must be entered in the Community certificate.

5.   Where this provision refers, with regard to equipment design requirements, to a European or an international standard, such equipment may, after any revision of the standard, continue to be used for a further 20 years following the revision of the standard.

Article 24.05

(Left void)

Article 24.06

Derogations for craft not covered by Article 24.01

1.   The following provisions apply

| (a) | to craft for which a vessel certificate in accordance with the Rhine Vessel Inspection Regulation was issued for the first time between 1 January 1995 and ... (27), provided they were not under construction or undergoing conversion on 31 December 1994 |
| --- | --- |

(a)

to craft for which a vessel certificate in accordance with the Rhine Vessel Inspection Regulation was issued for the first time between 1 January 1995 and ... (27), provided they were not under construction or undergoing conversion on 31 December 1994

27

| (b) | to craft which have obtained another traffic licence between 1 January 1995 and ... (27). |
| --- | --- |

(b)

to craft which have obtained another traffic licence between 1 January 1995 and ... (27).

27

2.   It must be proved that those craft comply with the Rhine Vessel Inspection Regulation as applicable on the date on which the vessel certificate or the other traffic licence is granted.

3.   The craft must be adapted to comply with provisions which enter into force following the first issue of the vessel certificate or other traffic licence in accordance with the transitional provisions set out in the table below.

4.   Article 24.04, sections 4 and 5, apply mutatis mutandis.

mutatis mutandis

5.   The following definitions apply in the table below:

| — | ‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions. |
| --- | --- |

—

‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions.

N

R

C

| — | ‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the next issue or renewal of the Community certificate after the date indicated. |
| --- | --- |

—

‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the next issue or renewal of the Community certificate after the date indicated.

| Article and Section | Content | Deadline and comments | Valid for craft with vessel certificate or traffic licence before |
| --- | --- | --- | --- |
| CHAPTER 3 |
| 3.03 sec. 7 | Anchors not protruding in foresections of vessels | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2041 | 1.10.1999 |
| 3.04 sec. 3, 2nd sentence | Insulation in engine rooms | N.R.C., at the latest on issue or renewal of the Community certificate | 1.4.2003 |
| sec. 3, 3rd and 4th sentences | Openings and closing devices | N.R.C., at the latest on issue or renewal of the Community certificate | 1.10.2003 |
| CHAPTER 8 |
| 8.02 sec. 4 | Protection of engine parts | N.R.C., at the latest on issue or renewal of the Community certificate | 1.4.2003 |
| 8.03 sec. 3 | Protection against overspeed | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.4.2004 |
| 8.05 sec. 9, 1st sentence | Sounding devices must be readable up to the maximum filling level | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.4.1999 |
| sec. 13 | Filling level control not only for main engines but also other engines needed for safe operation of the vessel | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.4.1999 |
| CHAPTER 8a |
| | The transitional provisions on Chapter 8a of the Rhine Vessel Inspection Regulation apply. | | |
| CHAPTER 10 |
| 10.02 sec. 2(a) | Certification of wire ropes and other ropes | The first rope replaced on the vessel: NR.C., at the latest 1.1.2008.
  Second and third ropes: 1.1.2013. | 1.4.2003 |
| 10.03 sec. 1 | European standard | On replacement, at the latest 1.1.2010 | 1.4.2002 |
| sec. 2 | Suitable for fire category A, B and C | On replacement, at the latest 1.1.2010 | 1.4.2002 |
| 10.03a | Permanently installed fire-fighting systems in cabins, wheelhouses and passenger areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035 | 1.4.2002 |
| 10.03b | Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms | (30)at the latest on issue or renewal of the Community certificate after 1.1.2035 | 1.4.2002 |
| 10.04 | Application of the European standard to dinghies | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.10.2003 |
| 10.05 sec. 2 | Inflatable life-jackets | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Life jackets which have been on board on 30.9.2003 may be used until the issue or renewal of the Community certificate after 1.1.2010. | 1.10.2003 |
| CHAPTER 11 |
| 11.13 | Storage of flammable liquids | N.R.C., at the latest on issue or renewal of the Community certificate | 1.10.2002 |
| CHAPTER 15 |
| 15.01 sec. 1(c) | Non-application of Article 8.06 sec. 2, 2nd sentence | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| (d) | Non-application of Article 9.14 sec. 3, 2nd sentence for rated voltages of over 50 V | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 2(b) | Prohibition of vaporising oil-burner stoves according to Article 13.04 | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| (c) | Prohibition of solid fuel heaters according to Article 13.07 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| (e) | Prohibition of liquefied gas devices according to Chapter 14 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.02 sec. 2 | Number and position of bulkheads | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 5, 2nd sentence | Margin line if no bulkhead deck | For passenger vessels laid down before 1.1.1996, the requirement applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 15 | Minimum height of double bottoms, width of wing voids | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.03 secs. 1 to 6 | Intact stability | N.R.C., and when the maximum number of passengers is raised, at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.03 secs. 7 and 8 | Damaged stability | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 9 | 2-compartment status | N.R.C. | 1.1.2007 |
| secs. 10 to 13 | Damaged stability | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.05 sec. 2(a) | Number of passengers for whom the existence of an evacuation area according to Article 15.06 sec. 8 has been proven | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| (b) | Number of passengers that has been taken into account for the stability calculation according to Article 15.03 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.06 sec. 1 | Passenger rooms on all decks forward of the level of the aft-peak bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 2 | Cupboards and rooms referred to in Article 11.13 and intended for the storage of flammable liquids | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 3(c), 1st sentence | Clear height of exits | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 2nd sentence | Clear width of doors of passenger cabins and other small rooms | For the measurement of 0,7 m, N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045, applies | 1.1.2006 |
| 15.06 sec. 3(f), 1st sentence | Size of emergency exits | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| (g) | Exits intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 4(d) | Doors intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 5 | Requirements for connecting corridors | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 6(b) | Escape routes to evacuation areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| (c) | No escape routes through engine rooms and galleys | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| (d) | No rungs, ladders or the like installed along the escape routes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 7 | Suitable safety guidance system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 8 | Requirements for muster areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 9(a) to (c), (e), and last sentence | Requirements for stairs and their landings in the passenger areas | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 10(a), 1st sentence | Railing according to European standard EN 711:1995 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 2nd sentence | Height of bulwarks and railings of decks intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| (b), 2nd sentence | Clear width of openings used for the embarking or disembarking of persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 12 | Gangways in accordance with European standard EN 14206:2003 | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 13 | Traffic areas and walls in traffic areas, intended for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 14, 1st sentence | Design of glass doors and walls in traffic areas and window panes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 15 | Requirements for superstructures or their roofs consisting completely of panoramic panes | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 16 | Potable water systems according to Article 12.05 | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 17, 2nd sentence | Requirements for toilets fitted for use by persons with reduced mobility | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| sec. 18 | Ventilation system for cabins without an opening window | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2006 |
| 15.07 | Requirements for the propulsion system | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.1.2007 |
| 15.08 sec. 2 | Requirements for loudspeaker systems in passenger areas | For passenger vessels with LWL of less than 40 m or for not more than 75 persons the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 3 | Requirements for the alarm system | For day-trip vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 3(c) | Alarm system enabling the vessel's command to alert the crew and shipboard personnel | For cabin vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 4 | Bilge level alarm for each watertight compartment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 5 | Two motor-driven bilge pumps | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 6 | Permanently installed bilge system according to Article 8.06 sec. 4 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| sec. 7 | Inside opening of cold-storage rooms | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 8 | Ventilation system for CO2 bar-systems in rooms below deck | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 9 | First-aid kits | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| 15.09 sec. 1, 1st sentence | Life buoys | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 2 | Individual life-saving equipment | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 3 | Appropriate transfer equipment | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| 15.09 sec. 4 | Individual life-saving equipment according to European standard EN 395:1998 or EN 396:1998 available for 100 % of passengers | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| | Individual life-saving equipment for children | Until the issue or renewal of the Community certificate after 1.1.2010 this equipment is considered an alternative to individual life-saving equipment. | 1.1.2006 |
| | Life-saving equipment | For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 5 before 1.1.2005, these appliances are considered an alternative to individual life-saving equipment.
  For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 6 before 1.1.2005, these are considered an alternative to individual life-saving equipment until issue or renewal of the Community certificate after 1.1.2010. | 1.1.2006 |
| sec. 5(b) and (c) | Adequate seating space, buoyancy of at least 750 N | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| (f) | Stable trim and appropriate grabbing devices | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| (i) | Appropriate means of evacuation from the evacuation areas onto the life rafts | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 9 | Check on life-saving equipment according to the manufacturer's instructions | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| sec. 10 | Ship's boat equipped with engine and searchlight | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.1.2006 |
| sec. 11 | Stretcher | N.R.C., at the latest on issue or renewal of the Community certificate | 1.1.2006 |
| | Electrical Equipment | | 1.1.2006 |
| 15.10 sec. 2 | Article 9.16 sec. 3 also applicable to passageways and recreation rooms for passengers | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| sec. 3 | Adequate emergency lighting | Emergency lighting N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| sec. 4 | Emergency power plant | For day-trip vessels with LWL of 25 m or less, the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| (f) | Emergency supply for searchlights according to Article 10.02 sec. 2 | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| (i) | Emergency supply for lifts and lifting equipment according to Article 15.06, sec. 9, 2nd sentence | N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015 | 1.1.2006 |
| sec. 6 | Requirements for the emergency power plant: | | 1.1.2006 |
| | - | Partitions according to Article 15.11 sec. 2 |

Article and Section

Content

Deadline and comments

Valid for craft with vessel certificate or traffic licence before

CHAPTER 3

3.03 sec. 7

Anchors not protruding in foresections of vessels

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2041

1.10.1999

3.04 sec. 3, 2nd sentence

Insulation in engine rooms

N.R.C., at the latest on issue or renewal of the Community certificate

1.4.2003

sec. 3, 3rd and 4th sentences

Openings and closing devices

N.R.C., at the latest on issue or renewal of the Community certificate

1.10.2003

CHAPTER 8

8.02 sec. 4

Protection of engine parts

N.R.C., at the latest on issue or renewal of the Community certificate

1.4.2003

8.03 sec. 3

Protection against overspeed

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.4.2004

8.05 sec. 9, 1st sentence

Sounding devices must be readable up to the maximum filling level

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.4.1999

sec. 13

Filling level control not only for main engines but also other engines needed for safe operation of the vessel

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.4.1999

CHAPTER 8a

The transitional provisions on Chapter 8a of the Rhine Vessel Inspection Regulation apply.

CHAPTER 10

10.02 sec. 2(a)

Certification of wire ropes and other ropes

The first rope replaced on the vessel: NR.C., at the latest 1.1.2008.

Second and third ropes: 1.1.2013.

1.4.2003

10.03 sec. 1

European standard

On replacement, at the latest 1.1.2010

1.4.2002

sec. 2

Suitable for fire category A, B and C

On replacement, at the latest 1.1.2010

1.4.2002

10.03a

Permanently installed fire-fighting systems in cabins, wheelhouses and passenger areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2035

1.4.2002

10.03b

Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms

(30)at the latest on issue or renewal of the Community certificate after 1.1.2035

30

1.4.2002

10.04

Application of the European standard to dinghies

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.10.2003

10.05 sec. 2

Inflatable life-jackets

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010. Life jackets which have been on board on 30.9.2003 may be used until the issue or renewal of the Community certificate after 1.1.2010.

1.10.2003

CHAPTER 11

11.13

Storage of flammable liquids

N.R.C., at the latest on issue or renewal of the Community certificate

1.10.2002

CHAPTER 15

15.01 sec. 1(c)

Non-application of Article 8.06 sec. 2, 2nd sentence

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

(d)

Non-application of Article 9.14 sec. 3, 2nd sentence for rated voltages of over 50 V

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 2(b)

Prohibition of vaporising oil-burner stoves according to Article 13.04

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

(c)

Prohibition of solid fuel heaters according to Article 13.07

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

(e)

Prohibition of liquefied gas devices according to Chapter 14

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.02 sec. 2

Number and position of bulkheads

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 5, 2nd sentence

Margin line if no bulkhead deck

For passenger vessels laid down before 1.1.1996, the requirement applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 15

Minimum height of double bottoms, width of wing voids

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.03 secs. 1 to 6

Intact stability

N.R.C., and when the maximum number of passengers is raised, at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.03 secs. 7 and 8

Damaged stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 9

2-compartment status

N.R.C.

1.1.2007

secs. 10 to 13

Damaged stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.05 sec. 2(a)

Number of passengers for whom the existence of an evacuation area according to Article 15.06 sec. 8 has been proven

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

(b)

Number of passengers that has been taken into account for the stability calculation according to Article 15.03

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.06 sec. 1

Passenger rooms on all decks forward of the level of the aft-peak bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 2

Cupboards and rooms referred to in Article 11.13 and intended for the storage of flammable liquids

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 3(c), 1st sentence

Clear height of exits

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

2nd sentence

Clear width of doors of passenger cabins and other small rooms

For the measurement of 0,7 m, N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045, applies

1.1.2006

15.06 sec. 3(f), 1st sentence

Size of emergency exits

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

(g)

Exits intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 4(d)

Doors intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 5

Requirements for connecting corridors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 6(b)

Escape routes to evacuation areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

(c)

No escape routes through engine rooms and galleys

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

(d)

No rungs, ladders or the like installed along the escape routes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 7

Suitable safety guidance system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 8

Requirements for muster areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 9(a) to (c), (e), and last sentence

Requirements for stairs and their landings in the passenger areas

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 10(a), 1st sentence

Railing according to European standard EN 711:1995

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

2nd sentence

Height of bulwarks and railings of decks intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

(b), 2nd sentence

Clear width of openings used for the embarking or disembarking of persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 12

Gangways in accordance with European standard EN 14206:2003

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 13

Traffic areas and walls in traffic areas, intended for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 14, 1st sentence

Design of glass doors and walls in traffic areas and window panes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 15

Requirements for superstructures or their roofs consisting completely of panoramic panes

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 16

Potable water systems according to Article 12.05

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 17, 2nd sentence

Requirements for toilets fitted for use by persons with reduced mobility

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 18

Ventilation system for cabins without an opening window

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.07

Requirements for the propulsion system

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2007

15.08 sec. 2

Requirements for loudspeaker systems in passenger areas

For passenger vessels with LWL of less than 40 m or for not more than 75 persons the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 3

Requirements for the alarm system

For day-trip vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 3(c)

Alarm system enabling the vessel's command to alert the crew and shipboard personnel

For cabin vessels the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 4

Bilge level alarm for each watertight compartment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 5

Two motor-driven bilge pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 6

Permanently installed bilge system according to Article 8.06 sec. 4

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

sec. 7

Inside opening of cold-storage rooms

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 8

Ventilation system for CO2 bar-systems in rooms below deck

2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 9

First-aid kits

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

15.09 sec. 1, 1st sentence

Life buoys

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 2

Individual life-saving equipment

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 3

Appropriate transfer equipment

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

15.09 sec. 4

Individual life-saving equipment according to European standard EN 395:1998 or EN 396:1998 available for 100 % of passengers

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

Individual life-saving equipment for children

Until the issue or renewal of the Community certificate after 1.1.2010 this equipment is considered an alternative to individual life-saving equipment.

1.1.2006

Life-saving equipment

For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 5 before 1.1.2005, these appliances are considered an alternative to individual life-saving equipment.

For passenger vessels which were equipped with collective life-saving appliances according to Article 15.09 sec. 6 before 1.1.2005, these are considered an alternative to individual life-saving equipment until issue or renewal of the Community certificate after 1.1.2010.

1.1.2006

sec. 5(b) and (c)

Adequate seating space, buoyancy of at least 750 N

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

(f)

Stable trim and appropriate grabbing devices

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

(i)

Appropriate means of evacuation from the evacuation areas onto the life rafts

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 9

Check on life-saving equipment according to the manufacturer's instructions

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 10

Ship's boat equipped with engine and searchlight

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 11

Stretcher

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

Electrical Equipment

1.1.2006

15.10 sec. 2

Article 9.16 sec. 3 also applicable to passageways and recreation rooms for passengers

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

sec. 3

Adequate emergency lighting

Emergency lighting N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

sec. 4

Emergency power plant

For day-trip vessels with LWL of 25 m or less, the provision applies at N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

(f)

Emergency supply for searchlights according to Article 10.02 sec. 2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

(i)

Emergency supply for lifts and lifting equipment according to Article 15.06, sec. 9, 2nd sentence

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

sec. 6

Requirements for the emergency power plant:

1.1.2006

-

Partitions according to Article 15.11 sec. 2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

| - | Installation of cables |
| --- | --- |

-

Installation of cables

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

| - | Emergency power plant above the margin line |
| --- | --- |

-

Emergency power plant above the margin line

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

15.11

Fire protection

1.1.2007

sec. 1

Suitability for fire protection of materials and components

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.11 sec. 2

Design of partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 3

Paints, lacquers and other surface treatment products as well as deck coverings used in rooms except engine rooms and store rooms shall be flame-retardant

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2015

1.1.2006

sec. 4

Lounge ceilings and wall claddings manufactured from non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 5

Furniture and fittings in muster areas manufactured from non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 6

Tested according to Code

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 7

Insulation materials in lounges non-combustible

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 8, (a), (b), (c), 2nd sentence and (d)

Requirements for doors in partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 9

Walls

On cabin vessels without automatic pressurised-water spraying systems, ends of walls between cabins: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 10

Partitions

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 12, 2nd sentence

Stairs made of steel or another equivalent non-combustible material

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 13

Encapsulation of internal stairs by walls according to section 2

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 14

Ventilation systems and air supply systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 15

Ventilation systems in galleys and stoves with extractors

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 16

Control centres, stairwells, muster areas and smoke extraction systems

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 17

Fire alarm system

For day-trip vessels: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

15.12 sec. 1

Portable extinguishers

Fire extinguisher and fire blanket in galleys, hairdressing salons and perfumeries: N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 2

Hydrant system

2nd fire extinguishing pump: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 4

Hydrant valves

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 5

Axially connected reel

N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

sec. 6

Materials, protection against failure

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 7

Avoidance of the possibility of freezing of pipes and hydrants

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 8(b)

Independent operation of fire extinguishing pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

(d)

Installation of fire extinguishing pumps

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 9

Fire extinguishing system in engine rooms

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

15.12 sec. 9

Fire extinguishing system in engine rooms made from steel or with equivalent properties

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045.

The transitional period does not apply to passenger vessels which have been laid down after 31.12.1995, the hull of which is made of wood, aluminium or plastic and the engine rooms of which are not made of a material according to Article 3.04 secs. 3 and 4.

1.1.2006

15.13

Safety organisation

For day-trip vessels: N.R.C., at the latest on issue or renewal of the Community certificate

1.1.2006

15.14 sec. 1

Waste water collection and disposal facilities

For cabin vessels with 50 or fewer berths, and for day-trip vessels: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 2

Requirements for waste water collection tanks

For cabin vessels with 50 or fewer berths, and for day-trip vessels with 50 or fewer passengers: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

15.15

Derogations for certain passenger vessels

1.1.2006

sec. 1

Damage stability

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2045

1.1.2006

sec. 4

(Left void)

sec. 5

Equipped with a ship's boat, a platform or an equivalent installation

For passenger vessels licensed for a maximum of 250 passengers or 50 berths: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

sec. 6

Equipped with a ship's boat, a platform or an equivalent installation

For passenger vessels licensed for a maximum of 250 passengers or 50 berths: N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

15.15 sec. 9(a)

Alarm systems for liquefied gas installations

N.R.C., at the latest on renewal of the attestation according to Article 14.15

1.1.2006

(b)

Collective life-saving appliances according to Article 15.09 sec. 5

N.R.C., at the latest on issue or renewal of the Community certificate after 1.1.2010

1.1.2006

Article 24.07

(Left void)

CHAPTER 24a

ADDITIONAL TRANSITIONAL PROVISIONS FOR CRAFT NOT NAVIGATING ON ZONE R WATERWAYS

Article 24a.01

Application of transitional provisions to craft already in service and validity of previous Community certificates

1.   The following provisions apply

| (a) | to craft for which a Community certificate was issued for the first time before ... (27), and |
| --- | --- |

(a)

to craft for which a Community certificate was issued for the first time before ... (27), and

27

| (b) | to craft which obtained another traffic licence before ... (27) |
| --- | --- |

(b)

to craft which obtained another traffic licence before ... (27)

27

not navigating a Zone R waterway.

2.   It must be proved that those craft comply with the provisions of Chapters 1 to 12 of Annex II of Directive 82/714/EEC on the date on which the Community certificate or the other traffic licence is issued.

3.   Community certificates delivered before ... (27) remain valid until the date of expiry indicated on the certificate. Article 2.09 section 2, remains applicable.

27

Article 24a.02

Derogations for craft already in service

1.   Without prejudice to Articles 24a.03 and 24a.04, craft which do not fully comply with the provisions of this Directive must be adapted to comply with provisions which enter into force after the first issue of their Community certificate or other traffic licence in accordance with the transitional provisions listed in the table below.

2.   The following definitions apply in the table below:

| — | ‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions. |
| --- | --- |

—

‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision applies only to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of the transitional provisions.

N

R

C

| — | ‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the issue or next renewal of the Community certificate after ... (27). If the certificate expires between ... (27) and the day before ... (31), that requirement is, however, only mandatory from ... (31). |
| --- | --- |

—

‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the issue or next renewal of the Community certificate after ... (27). If the certificate expires between ... (27) and the day before ... (31), that requirement is, however, only mandatory from ... (31).

27

27

31

31

| Article and Section | Content | Deadline and comments |
| --- | --- | --- |
| CHAPTER 3 |
| 3.03 sec. 1(a) | Location of collision bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 3.03 sec. 2 | Accommodations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 3.03 sec. 2 | Safety equipment | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 3.03 sec. 4 | Gastight separation | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 3.03 sec. 5, 2nd paragraph | Monitoring of doors in the aft-peak bulkhead | |
| 3.03 sec. 7 | Anchors not protruding in foresections of vessels | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 3.04 sec. 3, 2nd sentence | Insulation in engine rooms | N.R.C., at the latest on issue or renewal of the Community certificate |
| 3.04 sec. 3, 3rd and 4th sentences | Openings and locking devices | N.R.C., at the latest on issue or renewal of the Community certificate |
| 3.04 sec. 6 | Exits from spaces classified as engine rooms as a result of this Directive | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| CHAPTER 4 |
| 4.04 | Draught marks | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| CHAPTER 5 |
| 5.06 sec. 1, 1st sentence | Minimum speed | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| CHAPTER 6 |
| 6.01 sec. 1 | Manoeuvrability required by Chapter 5 | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 3 | Permanent lists and ambient temperatures | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 6.01 sec. 7 | Design of rudder stocks | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 6.02 sec. 2 | Placing in service of 2nd drive unit by means of a single operation | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 3 | Manoeuvrability required by Chapter 5 ensured by second drive unit/manual service | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 6.03 sec. 1 | Connection of other power consumers to the hydraulic steering apparatus drive unit | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 2 | Separate hydraulic reservoirs | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 6.05 sec. 1 | Wheel of manual drive not driven by powered drive unit | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 6.06 sec. 1 | Two independent actuation systems | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 6.07 sec. 2(a) | Monitoring devices for level of hydraulic reservoir and service pressure | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| (e) | Monitoring of buffer devices | N.R.C., at the latest on issue or renewal of the Community certificate |
| 6.08 sec. 1 | Requirements for electronic equipment according to Article 9.20 | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| CHAPTER 7 |
| 7.02 secs. 2 to 7 | Unobstructed view from the wheelhouse, except the following sections: | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 7.02 sec. 3, 2nd par. | Unobstructed view in the sightline of the helmsman | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| sec. 5 | Minimal light transmission of glazing | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 7.03 sec. 7 | Shutdown of alarms | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 8 | Automatic switch to alternative power supply | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 7.04 sec. 1 | Control of main engines and steering devices | N.R.C., at the latest on issue or renewal of the Community certificate |
| 7.04 sec. 2 | Control of main engines | If wheelhouses have not been designed for radar navigation by one person: N.R.C., at the latest on issue or renewal of the Community certificate after ...  (32)if the direction of motion can be achieved directly; at the latest on issue or renewal of the Community certificate after ...  (33)for other engines |
| 7.09 | Alarm system | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 7.12 1st par. | Retractable wheelhouses | N.R.C., at the latest on issue or renewal of the Community certificate
  Without automatic retraction: N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 2nd and 3rd pars. | | N.R.C., at the latest on issue or renewal of the Community certificate |
| CHAPTER 8 |
| 8.01 sec. 3 | Only internal-combustion engines burning fuels having a flashpoint of more than 55 °C | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 8.02 sec. 1 | Securing of engines against unintentional starting | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 4 | Protection of machinery parts | N.R.C., at the latest on issue or renewal of the Community certificate |
| 8.03 sec. 2 | Monitoring devices | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 3 | Automatic protection against overspeed | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 5 | Design of shaft bushings | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 8.05 sec. 1 | Steel tanks for liquid fuels | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 8.05 sec. 2 | Automatic closing of tank valves | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 3 | No fuel tanks forward of the collision bulkhead | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 4 | No fuel tanks and their fittings above engines or exhaust pipes | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33). Until then, appropriate devices must ensure the safe evacuation of fuels. |
| sec. 6 3rd to 5th sentences | Installation and measurements of breather pipes and connection pipes | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 7 | Shutoff device to be operated from the deck | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| sec. 9, 1st sentence | Capacity-gauging devices to be legible up to maximum filling level | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 13 | Filling level control not only for main engines but also other engines needed for safe operation of the vessel | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 8.06 | Storage of lubricating oil, pipes and accessories | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 8.07 | Storage of oils used in power transmission systems, control and activating systems and heating systems, pipes and accessories | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 8.08 sec. 8 | Simple closing device not sufficient for connection of ballast spaces to drainage pipes for holds capable of carrying ballast | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 8.08 sec. 9 | Gauging devices in hold bilges | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 8.09 sec. 2 | Installations for the collection of oily water and used oil stores | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 8.10 sec. 3 | Emission limit of 65 dB(A) for stationary craft | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| CHAPTER 9 |
| 9.01 sec. 1, 2nd sentence | Relevant documents to be submitted to the inspection body | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 9.01 sec. 2, 2nd indent | Switching diagrams for main, emergency and distribution switchboard to be kept on board | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 3 | Ambient inside and deck temperatures | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.02 secs. 1 to 3 | Electricity supply systems | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.03 | Protection against physical contact, intrusion of solid objects and the ingress of water | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.05 sec. 4 | Cross-section of the earthing conductors | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.11 sec. 4 | Effective ventilation when accumulators are installed in a closed compartment, cabinet or chest | N.R.C., at the latest on issue or renewal of the Community certificate |
| 9.12 | Switch-gear installations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.12 sec. 3(b) | Earth detection device capable of giving both visual and audible alarm | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.13 | Emergency circuit breakers | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.14 | Installation fittings | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.14 sec. 3, 2nd sentence | Prohibition of single-pole switches in laundries, bathrooms, washrooms and other rooms with wet facilities | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.15 sec. 2 | Minimum cross-section of 1,5 mm2 per cable | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| sec. 10 | Cables connected to retractable wheelhouses | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 9.16 sec. 3, 2nd sentence | Second circuit | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.19 | Alarm and safety systems for mechanical equipment | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 9.20 | Electronic equipment | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 9.21 | Electromagnetic compatibility | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| CHAPTER 10 |
| 10.01 | Anchor equipment | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 10.02 sec. 2(a) | Certificate for mooring and other cables | First cable to be replaced on the vessel: N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

  Second and third cables: ... (34) |
| 10.03 sec. 1 | European standard | At replacement, at the latest ... (33) |
| sec. 2 | Suitability for Class A, B and C fires | At replacement, at the latest ... (33) |
| sec. 4 | Relation of CO2 content and size of room | At replacement, at the latest ... (33) |
| 10.03a | Permanently installed fire-fighting systems in accommodation spaces, wheelhouses  and passenger spaces | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 10.03b | Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms | CO2-fire-fighting systems permanently installed before 1 October 1985 may remain in use until the issue or renewal of the Community certificate after ...  (32)if they comply with the requirements of Article 13.03 of Annex II of Directive 82/714/EEC. |
| 10.04 | Application of the European standard to dinghies | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 10.05 sec. 2 | Inflatable life jackets | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

  Life jackets which are on board on the day before  (35)can be used until renewal of the Community certificate after... (33). |
| CHAPTER 11 |
| 11.02 sec. 4 | Equipment of outer edges of decks, side decks and work stations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 11.04 | Side decks | (36)First issue or renewal of the Community certificate after ...  (32)where width exceeds 7,30 m |
| 11.05 sec. 1 | Access to workplaces | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| secs. 2 and 3 | Doors and accesses, exits and passageways where there is more than a 0,50 m difference in floor level | N.R.C., at the latest on issue or renewal of the Community certificate |
| sec. 4 | Stairs in working spaces which are manned continuously | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 11.06 sec. 2 | Exits and emergency exits | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 11.07 sec. 1, 2nd sentence | Ladders, steps and similar devices | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| secs. 2 and 3 | | N.R.C., at the latest on issue or renewal of the Community certificate |
| 11.10 | Hatch covers | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 11.11 | Winches | N.R.C., at the latest on issue or renewal of the Community certificate after ... (33) |
| 11.12 sec. 2 to 6 and 8 to 10 | Cranes: manufacturer's plate, maximum permissible loadings, protection devices, calculation test, inspection by experts, certificates on board | N.R.C., at the latest on issue or renewal of the Community certificate after ... (34) |
| 11.13 | Storing of flammable liquids | N.R.C., at the latest on issue or renewal of the Community certificate |
| CHAPTER 12 |
| 12.01 sec. 1 | Accommodation for the persons lodging habitually on board | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.02 sec. 3 | Situation of floors | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 4 | Living and sleeping quarters | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.02 sec. 5 | Noise and vibration in accommodations | N.R.C., at the latest on issue or renewal of the Community certificate after  (34) |
| sec. 6 | Headroom in accommodations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 8 | Free floor area of communal living quarters | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 9 | Cubic capacity of rooms | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 10 | Volume of airspace per person | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 11 | Size of doors | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 12(a) and (b) | Situation of stairs | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 13 | Pipes carrying dangerous gases or liquids | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.03 | Sanitary installations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.04 | Galleys | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.05 | Potable water | N.R.C., at the latest on issue or renewal of the Community certificate |
| 12.06 | Heating and ventilation | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| 12.07 sec. 1, 2nd sentence | Other accommodation installations | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| CHAPTER 15 |
| | Passenger vessels | see Art. 8 of this Directive |
| CHAPTER 15a |
| | Passenger sailing vessels | see Art. 8 of this Directive |
| CHAPTER 16 |
| 16.01 sec. 2 | Special winches or equivalent coupling devices | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| sec. 3, last sentence | Requirements for drive units | N.R.C., at the latest on issue or renewal of the Community certificate after ... (32) |
| CHAPTER 17 |
| | Floating equipment | see Art. 8 of this Directive |
| CHAPTER 21 |
| | Recreational craft | see Art. 8 of this Directive |
| CHAPTER 22b |
| 22b.03 | Second independent steering apparatus drive unit | N.R.C., at the latest on issue or renewal of the Community certificate after  (34) |

Article and Section

Content

Deadline and comments

CHAPTER 3

3.03 sec. 1(a)

Location of collision bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

3.03 sec. 2

Accommodations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

3.03 sec. 2

Safety equipment

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

3.03 sec. 4

Gastight separation

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

3.03 sec. 5, 2nd paragraph

Monitoring of doors in the aft-peak bulkhead

3.03 sec. 7

Anchors not protruding in foresections of vessels

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

3.04 sec. 3, 2nd sentence

Insulation in engine rooms

N.R.C., at the latest on issue or renewal of the Community certificate

3.04 sec. 3, 3rd and 4th sentences

Openings and locking devices

N.R.C., at the latest on issue or renewal of the Community certificate

3.04 sec. 6

Exits from spaces classified as engine rooms as a result of this Directive

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

CHAPTER 4

4.04

Draught marks

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

CHAPTER 5

5.06 sec. 1, 1st sentence

Minimum speed

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

CHAPTER 6

6.01 sec. 1

Manoeuvrability required by Chapter 5

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 3

Permanent lists and ambient temperatures

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

6.01 sec. 7

Design of rudder stocks

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

6.02 sec. 2

Placing in service of 2nd drive unit by means of a single operation

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 3

Manoeuvrability required by Chapter 5 ensured by second drive unit/manual service

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

6.03 sec. 1

Connection of other power consumers to the hydraulic steering apparatus drive unit

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 2

Separate hydraulic reservoirs

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

6.05 sec. 1

Wheel of manual drive not driven by powered drive unit

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

6.06 sec. 1

Two independent actuation systems

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

6.07 sec. 2(a)

Monitoring devices for level of hydraulic reservoir and service pressure

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

(e)

Monitoring of buffer devices

N.R.C., at the latest on issue or renewal of the Community certificate

6.08 sec. 1

Requirements for electronic equipment according to Article 9.20

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

CHAPTER 7

7.02 secs. 2 to 7

Unobstructed view from the wheelhouse, except the following sections:

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

7.02 sec. 3, 2nd par.

Unobstructed view in the sightline of the helmsman

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

sec. 5

Minimal light transmission of glazing

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

7.03 sec. 7

Shutdown of alarms

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 8

Automatic switch to alternative power supply

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

7.04 sec. 1

Control of main engines and steering devices

N.R.C., at the latest on issue or renewal of the Community certificate

7.04 sec. 2

Control of main engines

If wheelhouses have not been designed for radar navigation by one person: N.R.C., at the latest on issue or renewal of the Community certificate after ...  (32)if the direction of motion can be achieved directly; at the latest on issue or renewal of the Community certificate after ...  (33)for other engines

32

33

7.09

Alarm system

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

7.12 1st par.

Retractable wheelhouses

N.R.C., at the latest on issue or renewal of the Community certificate

Without automatic retraction: N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

2nd and 3rd pars.

N.R.C., at the latest on issue or renewal of the Community certificate

CHAPTER 8

8.01 sec. 3

Only internal-combustion engines burning fuels having a flashpoint of more than 55 °C

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

8.02 sec. 1

Securing of engines against unintentional starting

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 4

Protection of machinery parts

N.R.C., at the latest on issue or renewal of the Community certificate

8.03 sec. 2

Monitoring devices

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 3

Automatic protection against overspeed

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 5

Design of shaft bushings

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

8.05 sec. 1

Steel tanks for liquid fuels

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

8.05 sec. 2

Automatic closing of tank valves

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 3

No fuel tanks forward of the collision bulkhead

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 4

No fuel tanks and their fittings above engines or exhaust pipes

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33). Until then, appropriate devices must ensure the safe evacuation of fuels.

33

sec. 6 3rd to 5th sentences

Installation and measurements of breather pipes and connection pipes

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 7

Shutoff device to be operated from the deck

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

sec. 9, 1st sentence

Capacity-gauging devices to be legible up to maximum filling level

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 13

Filling level control not only for main engines but also other engines needed for safe operation of the vessel

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

8.06

Storage of lubricating oil, pipes and accessories

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

8.07

Storage of oils used in power transmission systems, control and activating systems and heating systems, pipes and accessories

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

8.08 sec. 8

Simple closing device not sufficient for connection of ballast spaces to drainage pipes for holds capable of carrying ballast

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

8.08 sec. 9

Gauging devices in hold bilges

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

8.09 sec. 2

Installations for the collection of oily water and used oil stores

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

8.10 sec. 3

Emission limit of 65 dB(A) for stationary craft

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

CHAPTER 9

9.01 sec. 1, 2nd sentence

Relevant documents to be submitted to the inspection body

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

9.01 sec. 2, 2nd indent

Switching diagrams for main, emergency and distribution switchboard to be kept on board

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 3

Ambient inside and deck temperatures

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.02 secs. 1 to 3

Electricity supply systems

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.03

Protection against physical contact, intrusion of solid objects and the ingress of water

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.05 sec. 4

Cross-section of the earthing conductors

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.11 sec. 4

Effective ventilation when accumulators are installed in a closed compartment, cabinet or chest

N.R.C., at the latest on issue or renewal of the Community certificate

9.12

Switch-gear installations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.12 sec. 3(b)

Earth detection device capable of giving both visual and audible alarm

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.13

Emergency circuit breakers

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.14

Installation fittings

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.14 sec. 3, 2nd sentence

Prohibition of single-pole switches in laundries, bathrooms, washrooms and other rooms with wet facilities

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.15 sec. 2

Minimum cross-section of 1,5 mm2 per cable

2

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

sec. 10

Cables connected to retractable wheelhouses

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

9.16 sec. 3, 2nd sentence

Second circuit

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.19

Alarm and safety systems for mechanical equipment

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

9.20

Electronic equipment

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

9.21

Electromagnetic compatibility

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

CHAPTER 10

10.01

Anchor equipment

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

10.02 sec. 2(a)

Certificate for mooring and other cables

First cable to be replaced on the vessel: N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

Second and third cables: ... (34)

34

10.03 sec. 1

European standard

At replacement, at the latest ... (33)

33

sec. 2

Suitability for Class A, B and C fires

At replacement, at the latest ... (33)

33

sec. 4

Relation of CO2 content and size of room

2

At replacement, at the latest ... (33)

33

10.03a

Permanently installed fire-fighting systems in accommodation spaces, wheelhouses  and passenger spaces

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

10.03b

Permanently installed fire-fighting systems in engine rooms, boiler rooms and pump rooms

CO2-fire-fighting systems permanently installed before 1 October 1985 may remain in use until the issue or renewal of the Community certificate after ...  (32)if they comply with the requirements of Article 13.03 of Annex II of Directive 82/714/EEC.

2

32

10.04

Application of the European standard to dinghies

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

10.05 sec. 2

Inflatable life jackets

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

Life jackets which are on board on the day before  (35)can be used until renewal of the Community certificate after... (33).

35

33

CHAPTER 11

11.02 sec. 4

Equipment of outer edges of decks, side decks and work stations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

11.04

Side decks

(36)First issue or renewal of the Community certificate after ...  (32)where width exceeds 7,30 m

36

32

11.05 sec. 1

Access to workplaces

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

secs. 2 and 3

Doors and accesses, exits and passageways where there is more than a 0,50 m difference in floor level

N.R.C., at the latest on issue or renewal of the Community certificate

sec. 4

Stairs in working spaces which are manned continuously

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

11.06 sec. 2

Exits and emergency exits

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

11.07 sec. 1, 2nd sentence

Ladders, steps and similar devices

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

secs. 2 and 3

N.R.C., at the latest on issue or renewal of the Community certificate

11.10

Hatch covers

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

11.11

Winches

N.R.C., at the latest on issue or renewal of the Community certificate after ... (33)

33

11.12 sec. 2 to 6 and 8 to 10

Cranes: manufacturer's plate, maximum permissible loadings, protection devices, calculation test, inspection by experts, certificates on board

N.R.C., at the latest on issue or renewal of the Community certificate after ... (34)

34

11.13

Storing of flammable liquids

N.R.C., at the latest on issue or renewal of the Community certificate

CHAPTER 12

12.01 sec. 1

Accommodation for the persons lodging habitually on board

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.02 sec. 3

Situation of floors

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 4

Living and sleeping quarters

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.02 sec. 5

Noise and vibration in accommodations

N.R.C., at the latest on issue or renewal of the Community certificate after  (34)

34

sec. 6

Headroom in accommodations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 8

Free floor area of communal living quarters

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 9

Cubic capacity of rooms

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 10

Volume of airspace per person

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 11

Size of doors

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 12(a) and (b)

Situation of stairs

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 13

Pipes carrying dangerous gases or liquids

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.03

Sanitary installations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.04

Galleys

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.05

Potable water

N.R.C., at the latest on issue or renewal of the Community certificate

12.06

Heating and ventilation

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

12.07 sec. 1, 2nd sentence

Other accommodation installations

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

CHAPTER 15

Passenger vessels

see Art. 8 of this Directive

CHAPTER 15a

Passenger sailing vessels

see Art. 8 of this Directive

CHAPTER 16

16.01 sec. 2

Special winches or equivalent coupling devices

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

sec. 3, last sentence

Requirements for drive units

N.R.C., at the latest on issue or renewal of the Community certificate after ... (32)

32

CHAPTER 17

Floating equipment

see Art. 8 of this Directive

CHAPTER 21

Recreational craft

see Art. 8 of this Directive

CHAPTER 22b

22b.03

Second independent steering apparatus drive unit

N.R.C., at the latest on issue or renewal of the Community certificate after  (34)

34

Article 24a.03

Derogations for craft which were laid down before 1 January 1985

1.   In addition to the provisions in Article 24a.02, craft which were laid down before 1 January 1985 may be exempted from the following provisions, under the conditions described in column 3 of the table below, provided the safety of the vessel and its crew is ensured in an appropriate manner:

2.   The following definitions apply in the table below:

| — | ‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision only applies to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of these transitional provisions. |
| --- | --- |

—

‘N.R.C.’: The provision does not apply to craft which are already operating, unless the parts concerned are replaced or converted, i.e. the provision only applies to Newly-built craft and to the Replacement or Conversion of the parts or areas concerned. If existing parts are replaced by replacement parts using the same technology and of the same type, this does not constitute replacement (‘R’) within the meaning of these transitional provisions.

N

R

C

| — | ‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the first issue or next renewal of the Community certificate after ... (27). If the certificate expires between ... (27) and the day before ... (31), that requirement is, however, only mandatory from ... (31). |
| --- | --- |

—

‘Issue or renewal of the Community certificate’: The provision must be complied with by the time of the first issue or next renewal of the Community certificate after ... (27). If the certificate expires between ... (27) and the day before ... (31), that requirement is, however, only mandatory from ... (31).

27

27

31

31

| Article and Section | Content | Deadline and comments |
| --- | --- | --- |
| CHAPTER 3 |
| 3.03 sec. 1 | Watertight collision bulkheads | N.R.C. |
| 3.03 sec. 2 | Accommodations, safety installations | N.R.C. |
| 3.03 sec. 5 | Openings in watertight bulkheads | N.R.C |
| 3.04 sec. 2 | Surfaces of bunkers | N.R.C. |
| 3.04 sec. 7 | Maximum permissible sound pressure level in engine rooms | N.R.C. |
| CHAPTER 4 |
| 4.01 | Safety clearance | N.R.C., at the latest on issue or renewal of the Community certificate after ... (37) |
| 4.02 | Freeboard | N.R.C. |
| CHAPTER 6 |
| 6.01 sec. 3 | Requirements of steering system | N.R.C. |
| CHAPTER 7 |
| 7.01 sec. 2 | Maximum permissible sound pressure level in wheelhouse | N.R.C. |
| 7.05 sec. 2 | Monitoring of navigation lights | N.R.C. |
| 7.12 | Retractable wheelhouses | N.R.C. |
| CHAPTER 8 |
| 8.01 sec. 3 | Prohibition of certain liquid fuels | N.R.C. |
| 8.04 | Engine exhaust system | N.R.C., at the latest on issue or renewal of the Community certificate |
| 8.05 sec. 13 | Alarm device for level of fuel filling | N.R.C. |
| 8.08 sec. 2 | Equipment with bilge pumps | N.R.C. |
| 8.08 secs. 3 and 4 | Diameter and minimum pumping capacity of bilge pumps | N.R.C. |
| 8.08 sec. 5 | Self-priming bilge pumps | N.R.C. |
| 8.08 sec. 6 | Equipment with strainers | N.R.C. |
| 8.08 sec. 7 | Automatically closable fitting for aft peak | N.R.C. |
| 8.10 sec. 2 | Noise emitted by craft | N.R.C. |
| CHAPTER 9 |
| 9.01 sec. 2 | Certificates for electrical equipment | N.R.C. |
| 9.01 sec. 3 | Installation of electrical equipment | N.R.C. |
| 9.06 | Maximum permissible voltages | N.R.C. |
| 9.10 | Generators and motors | N.R.C. |
| 9.11 sec. 2 | Accumulators | N.R.C., at the latest on issue or renewal of the Community certificate after ... (38) |
| 9.12 sec. 2 | Switches, protective devices | N.R.C., at the latest on issue or renewal of the Community certificate after ... (38) |
| 9.14 sec. 3 | Simultaneous switching | N.R.C. |
| 9.15 | Cables | N.R.C. |
| 9.16 sec. 3 | Lighting in engine rooms | N.R.C. |
| 9.17 sec. 1 | Switchboards for navigation lights | N.R.C. |
| 9.17 sec. 2 | Power supply for navigation lights | N.R.C. |
| CHAPTER 10 |
| 10.01 sec. 9 | Anchor windlasses | N.R.C. |
| 10.04 sec. 1 | Dinghies according to standard | N.R.C. |
| 10.05 sec. 1 | Life buoys according to standard | N.R.C. |
| 10.05 sec. 2 | Life jackets according to standard | N.R.C. |
| CHAPTER 11 |
| 11.11 sec. 2 | Safety of winches | N.R.C. |
| CHAPTER 12 |
| 12.02 sec. 13 | Pipes carrying dangerous gases or liquids | N.R.C. |

Article and Section

Content

Deadline and comments

CHAPTER 3

3.03 sec. 1

Watertight collision bulkheads

N.R.C.

3.03 sec. 2

Accommodations, safety installations

N.R.C.

3.03 sec. 5

Openings in watertight bulkheads

N.R.C

3.04 sec. 2

Surfaces of bunkers

N.R.C.

3.04 sec. 7

Maximum permissible sound pressure level in engine rooms

N.R.C.

CHAPTER 4

4.01

Safety clearance

N.R.C., at the latest on issue or renewal of the Community certificate after ... (37)

37

4.02

Freeboard

N.R.C.

CHAPTER 6

6.01 sec. 3

Requirements of steering system

N.R.C.

CHAPTER 7

7.01 sec. 2

Maximum permissible sound pressure level in wheelhouse

N.R.C.

7.05 sec. 2

Monitoring of navigation lights

N.R.C.

7.12

Retractable wheelhouses

N.R.C.

CHAPTER 8

8.01 sec. 3

Prohibition of certain liquid fuels

N.R.C.

8.04

Engine exhaust system

N.R.C., at the latest on issue or renewal of the Community certificate

8.05 sec. 13

Alarm device for level of fuel filling

N.R.C.

8.08 sec. 2

Equipment with bilge pumps

N.R.C.

8.08 secs. 3 and 4

Diameter and minimum pumping capacity of bilge pumps

N.R.C.

8.08 sec. 5

Self-priming bilge pumps

N.R.C.

8.08 sec. 6

Equipment with strainers

N.R.C.

8.08 sec. 7

Automatically closable fitting for aft peak

N.R.C.

8.10 sec. 2

Noise emitted by craft

N.R.C.

CHAPTER 9

9.01 sec. 2

Certificates for electrical equipment

N.R.C.

9.01 sec. 3

Installation of electrical equipment

N.R.C.

9.06

Maximum permissible voltages

N.R.C.

9.10

Generators and motors

N.R.C.

9.11 sec. 2

Accumulators

N.R.C., at the latest on issue or renewal of the Community certificate after ... (38)

38

9.12 sec. 2

Switches, protective devices

N.R.C., at the latest on issue or renewal of the Community certificate after ... (38)

38

9.14 sec. 3

Simultaneous switching

N.R.C.

9.15

Cables

N.R.C.

9.16 sec. 3

Lighting in engine rooms

N.R.C.

9.17 sec. 1

Switchboards for navigation lights

N.R.C.

9.17 sec. 2

Power supply for navigation lights

N.R.C.

CHAPTER 10

10.01 sec. 9

Anchor windlasses

N.R.C.

10.04 sec. 1

Dinghies according to standard

N.R.C.

10.05 sec. 1

Life buoys according to standard

N.R.C.

10.05 sec. 2

Life jackets according to standard

N.R.C.

CHAPTER 11

11.11 sec. 2

Safety of winches

N.R.C.

CHAPTER 12

12.02 sec. 13

Pipes carrying dangerous gases or liquids

N.R.C.

Article 24a.04

Other derogations

If it is difficult in practical terms to apply the provisions set out in this Chapter following the expiry of the transitional provisions, or if their application gives rise to unreasonably high costs, the inspection body may allow derogations from these provisions subject to recommendations by the Committee. These derogations must be entered in the Community certificate.

---

(1)  Where appliances release large amounts of heat: IP 12.

1

(2)  Where appliances or panels do not have this type of protection their location shall meet the conditions applying to that type of protection.

2

(3)  Electrical equipment of the certified safety type as in accordance with

3

| (a) | European standards EN 50014:1997; 50015:1998; 50016:2002; 50017:1998; 50018:2000; 50019:2000 and 50020:2002
  or |
| --- | --- |

(a)

European standards EN 50014:1997; 50015:1998; 50016:2002; 50017:1998; 50018:2000; 50019:2000 and 50020:2002

or

| (b) | IEC publication 60079 as of 1 October 2003. |
| --- | --- |

(b)

IEC publication 60079 as of 1 October 2003.

(4)  Where that voltage comes from higher-voltage networks galvanic separation shall be used (safety transformer).

4

(5)  All of the poles of the secondary circuit shall be insulated from the earth.

5

(6)  Partitions between control centres and internal muster areas shall correspond to Type A0, but external muster areas only to Type B15.

6

(7)  Partitions between lounges and internal muster areas shall correspond to Type A30, but external muster areas only to Type B15.

7

(8)  Partitions between cabins, partitions between cabins and corridors and vertical partitions separating lounges according to section 10 shall comply with Type B15, for rooms fitted with pressurised sprinkler systems B0.

8

(9)  Partitions between engine rooms according to Articles 15.07 and 15.10, section 6, shall comply with Type A60 ; in other cases they shall comply with Type A0.

9

(10)  B15 is sufficient for partitions between galleys, on the one hand, and cold-storage rooms and food store rooms, on the other.

10

(11)  Partitions between control centres and internal muster areas shall correspond to Type A0, but external muster areas only to Type B15.

11

(12)  Partitions between lounges and internal muster areas shall correspond to Type A30, but external muster areas only to Type B15.

12

(13)  Partitions between cabins, partitions between cabins and corridors and vertical partitions separating lounges according to section 10 shall comply with Type B15, for rooms fitted with pressurised sprinkler systems B0.

13

(14)  Partitions between engine rooms according to Articles 15.07 and 15.10, section 6, shall comply with Type A60 ; in other cases they shall comply with Type A0.

14

(15)  Distance from the cross-tree to the deck.

15

(16)  Total length of the topmast, without the masthead.

16

(17)  Diameter of the topmast at the level of the masthead fitting.

17

(18)  Total length of the bowsprit.

18

(19)  Total length of the jib-boom.

19

(20)  Total length of the main boom.

20

(21)  Total length of the gaff.

21

(22)  Distance from the top or cross-tree to the deck.

22

(23)  Distance from the top or cross-tree to the deck.

23

(24)  OJ L 207, 23.7.1998, p. 1. Directive as amended by Directive 98/79/EC (OJ L 331, 7.12.1998, p. 1).

24

(25)  OJ L 164, 30.6.1994, p. 15. Directive as last amended by Regulation (EC) No 1882/2003.

25

(26)  The hold sections providing free surfaces that are exposed to water arise from the longitudinal and/or transverse water-tight compartmentalisation that forms independent sections.

26

(27)  2 years after the date of entry into force of this Directive.

27

(28)






  1.

28

| 1. | Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976. |
| --- | --- |

Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976.

2

| 2. | Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

2.

Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2

| 1. | Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976.

2

| 2. | Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

2.

Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2

| 3. | Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035. |
| --- | --- |

3.

Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035.

28

| 1. | Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976.

2

| 2. | Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

2.

Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2

| 3. | Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035. |
| --- | --- |

3.

Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035.

| 1. | Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976.

2

| 2. | Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

2.

Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2

| 3. | Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035. |
| --- | --- |

3.

Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035.

| 4. | Article 10.03b, sec. 2(a) is only applicable until the issue or renewal of the Community certificate after 1 January 2035 if those installations have been installed in vessels laid down after 1 October 1992. |
| --- | --- |

4.

Article 10.03b, sec. 2(a) is only applicable until the issue or renewal of the Community certificate after 1 January 2035 if those installations have been installed in vessels laid down after 1 October 1992.

28

| 1. | Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed before 1 October 1980 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation (1975-I-23), in force on 1 April 1976.

2

| 2. | Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994. |
| --- | --- |

2.

Permanent CO2-fire-fighting systems installed between 1 April 1992 and 31 December 1994 may remain in use until the issue or renewal of the Community certificate after 1 January 2035, if they comply with the requirements of Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994.

2

| 3. | Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035. |
| --- | --- |

3.

Recommendations of the CCNR issued between 1 April 1992 and 31 December 1994 with regard to Article 7.03 sec. 5 of the Rhine Vessel Inspection Regulation in force on 31 December 1994 remain valid until the issue or renewal of the Community certificate after 1 January 2035.

| 4. | Article 10.03b, sec. 2(a) is only applicable until the issue or renewal of the Community certificate after 1 January 2035 if those installations have been installed in vessels laid down after 1 October 1992. |
| --- | --- |

4.

Article 10.03b, sec. 2(a) is only applicable until the issue or renewal of the Community certificate after 1 January 2035 if those installations have been installed in vessels laid down after 1 October 1992.

(29)  The provision applies to vessels laid down after 31.12.1994 and to vessels in service with the following proviso:

29

The requirements of Article 11.04 must be complied with where the entire hold area is renewed.

Where a conversion modifying the clear width of the side deck covers the entire length of the side decks,

| a) | Article 11.04 must be complied with, if the clear width of the side deck before the conversion to a height of 0,90 m, or if the clear width above that height is to be reduced, |
| --- | --- |

a)

Article 11.04 must be complied with, if the clear width of the side deck before the conversion to a height of 0,90 m, or if the clear width above that height is to be reduced,

| b) | the clear width of the side deck before the conversion to a height of 0,90 m, or the clear width above that height must not be lower than the measurements indicated in Article 11.04. |
| --- | --- |

b)

the clear width of the side deck before the conversion to a height of 0,90 m, or the clear width above that height must not be lower than the measurements indicated in Article 11.04.

(30)






  1.

30

| 1. | Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002. |
| --- | --- |

Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002.

2

| 1. | Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002.

2

| 2. | Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035. |
| --- | --- |

2.

Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035.

30

| 1. | Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002.

2

| 2. | Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035. |
| --- | --- |

2.

Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035.

| 1. | Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002.

2

| 2. | Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035. |
| --- | --- |

2.

Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035.

| 3. | Article 10.05, section 2(a), is applicable until the issue or renewal of the Community certificate after 1.1.2035 only if those systems have been installed in vessels laid down after 1 October 1992. |
| --- | --- |

3.

Article 10.05, section 2(a), is applicable until the issue or renewal of the Community certificate after 1.1.2035 only if those systems have been installed in vessels laid down after 1 October 1992.

30

| 1. | Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002. |
| --- | --- |

1.

Permanent CO2-fire-fighting systems installed between 1 January 1995 and 31 March 2003 remain authorised until the issue or renewal of the Community certificate after 1.1.2035 if they comply with Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002.

2

| 2. | Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035. |
| --- | --- |

2.

Recommendations of the Central Commission for Navigation on the Rhine issued between 1 January 1995 and 31 March 2002 regarding Article 10.03, section 5, of the Rhine Vessel Inspection Regulation as applicable on 31 March 2002 remain valid until the issue or renewal of the Community certificate after 1.1.2035.

| 3. | Article 10.05, section 2(a), is applicable until the issue or renewal of the Community certificate after 1.1.2035 only if those systems have been installed in vessels laid down after 1 October 1992. |
| --- | --- |

3.

Article 10.05, section 2(a), is applicable until the issue or renewal of the Community certificate after 1.1.2035 only if those systems have been installed in vessels laid down after 1 October 1992.

(31)  3 years after the date of entry into force of this Directive.

31

(32)  23 years after the date of entry into force of this Directive.

32

(33)  18 years after the date of entry into force of this Directive.

33

(34)  43 years after the date of entry into force of this Directive.

34

(35)  2 years after the date of entry into force of this Directive.

35

(36)  The provision applies to vessels laid down 2 years after the date of entry into force of this Directive and to vessels in service with the following proviso:

36

The requirements of Article 11.04 must be complied with where the entire hold area is renewed.

Where a conversion modifying the clear width of the side deck covers the entire length of the side decks,

| (a) | Article 11.04 must be complied with if the clear width of the side deck before the conversion to a height of 0,90 m, or the clear width above that height is to be reduced, |
| --- | --- |

(a)

Article 11.04 must be complied with if the clear width of the side deck before the conversion to a height of 0,90 m, or the clear width above that height is to be reduced,

| (b) | the clear width of the side deck before the conversion, to a height of 0,90 m, or the clear width above that height must not be lower than the measurements indicated in Article 11.04. |
| --- | --- |

(b)

the clear width of the side deck before the conversion, to a height of 0,90 m, or the clear width above that height must not be lower than the measurements indicated in Article 11.04.

(37)  13 years after the date of entry into force of this Directive.

37

(38)  23 years after the date of entry into force of this Directive.

38

Appendix I

SAFETY SIGNS

| Figure 1
  No entry for unauthorised persons | | Colour: red/white/black |
| --- | --- | --- |
| Figure 2
  Fire, naked flame and smoking prohibited | | Colour: red/white/black |
| Figure 3
  Fire extinguisher | | Colour: red/white |
| Figure 4
  General danger warning | | Colour: black/yellow |
| Figure 5
  Extinguisher hose | | Colour: red/white |
| Figure 6
  Fire-fighting installation | | Colour: red/white |
| Figure 7
  Wear acoustic protection device | | Colour: blue/white |
| Figure 8
  First-aid kit | | Colour: green/white |

Figure 1

No entry for unauthorised persons

Image

Colour: red/white/black

Figure 2

Fire, naked flame and smoking prohibited

Image

Colour: red/white/black

Figure 3

Fire extinguisher

Image

Colour: red/white

Figure 4

General danger warning

Image

Colour: black/yellow

Figure 5

Extinguisher hose

Image

Colour: red/white

Figure 6

Fire-fighting installation

Image

Colour: red/white

Figure 7

Wear acoustic protection device

Image

Colour: blue/white

Figure 8

First-aid kit

Image

Colour: green/white

The symbols actually used may slightly differ from or be more detailed than the graphical representations in this Appendix, provided the meaning is not changed and differences and modifications do not render the meaning incomprehensible.

Appendix II

ADMINISTRATIVE INSTRUCTIONS

| No 1 | : | Requirements relating to the capacity for evasive action and turning |
| --- | --- | --- |
| No 2 | : | Requirements concerning prescribed minimum speed, stopping capacity and capacity for going astern |
| No 3 | : | Requirements for coupling systems and coupling devices for craft pushing or being pushed in a rigid assembly |
| No 4 | : | Noise measurements |
| No 5 | : | Special reduced mass anchors |
| No 6 | : | Strength of watertight side-scuttles |
| No 7 | : | Requirements for automatic pressurised-water spraying systems |
| No 8 | : | Issue of the ship certificate |
| No 9 | : | Fuel tanks on floating craft |
| No 10 | : | Minimum hull thickness for barges |
| No 11 | : | Used-oil collection facilities |
| No 12 | : | Vessel movement under its own power |
| No 13 | : | Appropriate fire alarm system |
| No 14 | : | Proof of buoyancy, trim and stability of the separate parts of a vessel |
| No 15 | : | Equipment for vessels which are to be operated with a minimum crew |
| No 16 | : | Electric Cables |
| No 17 | : | Wheelhouse visibility |

No 1

:

Requirements relating to the capacity for evasive action and turning

No 2

:

Requirements concerning prescribed minimum speed, stopping capacity and capacity for going astern

No 3

:

Requirements for coupling systems and coupling devices for craft pushing or being pushed in a rigid assembly

No 4

:

Noise measurements

No 5

:

Special reduced mass anchors

No 6

:

Strength of watertight side-scuttles

No 7

:

Requirements for automatic pressurised-water spraying systems

No 8

:

Issue of the ship certificate

No 9

:

Fuel tanks on floating craft

No 10

:

Minimum hull thickness for barges

No 11

:

Used-oil collection facilities

No 12

:

Vessel movement under its own power

No 13

:

Appropriate fire alarm system

No 14

:

Proof of buoyancy, trim and stability of the separate parts of a vessel

No 15

:

Equipment for vessels which are to be operated with a minimum crew

No 16

:

Electric Cables

No 17

:

Wheelhouse visibility

ANNEX III

SUBJECTS FOR POSSIBLE ADDITIONAL TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1 AND 2

Any additional technical requirements adopted by a Member State under Article 5(1) of this Directive for vessels operating on Zones 1 and/or 2 of that Member State's territory are limited to the following subjects:

| 1. | Definitions






  — | Necessary for understanding the additional requirements |
| --- | --- | --- |

1.

Definitions

—

Necessary for understanding the additional requirements

| 2. | Stability






  — | Structure reinforcement |
| --- | --- | --- |

2.

Stability

—

Structure reinforcement

| — | Certificate/attestation by an approved Classification Society |
| --- | --- |

—

Certificate/attestation by an approved Classification Society

| 3. | Safety clearance and freeboard






  — | Freeboard |
| --- | --- | --- |

3.

Safety clearance and freeboard

—

Freeboard

| — | Safety clearance |
| --- | --- |

—

Safety clearance

| 4. | Watertightness of hull openings and superstructures






  — | Superstructures |
| --- | --- | --- |

4.

Watertightness of hull openings and superstructures

—

Superstructures

| — | Doors |
| --- | --- |

—

Doors

| — | Windows and skylights |
| --- | --- |

—

Windows and skylights

| — | Hold hatches |
| --- | --- |

—

Hold hatches

| — | Other openings (ventilation pipes, exhaust pipes, etc.) |
| --- | --- |

—

Other openings (ventilation pipes, exhaust pipes, etc.)

| 5. | Equipment






  — | Anchors and anchor chains |
| --- | --- | --- |

5.

Equipment

—

Anchors and anchor chains

| — | Navigation lights |
| --- | --- |

—

Navigation lights

| — | Sound signals |
| --- | --- |

—

Sound signals

| — | Compass |
| --- | --- |

—

Compass

| — | Radar |
| --- | --- |

—

Radar

| — | Transmitting and receiving installations |
| --- | --- |

—

Transmitting and receiving installations

| — | Life-saving equipment |
| --- | --- |

—

Life-saving equipment

| — | Availability of nautical charts |
| --- | --- |

—

Availability of nautical charts

| 6. | Additional provisions for passenger vessels






  — | Stability (wind strength, criteria) |
| --- | --- | --- |

6.

Additional provisions for passenger vessels

—

Stability (wind strength, criteria)

| — | Life-saving equipment |
| --- | --- |

—

Life-saving equipment

| — | Freeboard |
| --- | --- |

—

Freeboard

| — | Safety clearance |
| --- | --- |

—

Safety clearance

| — | Wheelhouse visibility |
| --- | --- |

—

Wheelhouse visibility

| 7. | Convoys and container transport






  — | Pusher connection craft-lighter |
| --- | --- | --- |

7.

Convoys and container transport

—

Pusher connection craft-lighter

| — | Stability of craft or lighters carrying containers |
| --- | --- |

—

Stability of craft or lighters carrying containers

ANNEX IV

SUBJECTS FOR POSSIBLE REDUCTIONS OF THE TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 3 AND 4

Any reduced technical requirements allowed by a Member State under Article 5(7) of this Directive for vessels operating exclusively on Zone 3 or Zone 4 waterways on the territory of that Member State are restricted to the following subjects:

| | Zone 3






  — | Anchor equipment, including length of anchor chains |
| --- | --- | --- |

Zone 3

—

Anchor equipment, including length of anchor chains

| — | (Forward) speed |
| --- | --- |

—

(Forward) speed

| — | Collective life-saving appliances |
| --- | --- |

—

Collective life-saving appliances

| — | 2-compartment status |
| --- | --- |

—

2-compartment status

| — | Wheelhouse visibility |
| --- | --- |

—

Wheelhouse visibility

| | Zone 4






  — | Anchor equipment, including length of anchor chains |
| --- | --- | --- |

Zone 4

—

Anchor equipment, including length of anchor chains

| — | (Forward) speed |
| --- | --- |

—

(Forward) speed

| — | Life-saving appliances |
| --- | --- |

—

Life-saving appliances

| — | 2-compartment status |
| --- | --- |

—

2-compartment status

| — | Wheelhouse visibility |
| --- | --- |

—

Wheelhouse visibility

| — | Second independent propulsion system |
| --- | --- |

—

Second independent propulsion system

ANNEX V

MODEL COMMUNITY INLAND NAVIGATION CERTIFICATES

PART I

MODEL COMMUNITY INLAND NAVIGATION CERTIFICATE

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

Image

PART II

MODEL SUPPLEMENTARY COMMUNITY INLAND NAVIGATION CERTIFICATE

Image

Image

PART III

MODEL PROVISIONAL COMMUNITY INLAND NAVIGATION CERTIFICATE

Image

Image

ANNEX VI

MODEL REGISTER OF COMMUNITY INLAND NAVIGATION CERTIFICATES

Image

Image

Image

ANNEX VII

CLASSIFICATION SOCIETIES

CONTENTS

| Part I: | Criteria for the approval of classification societies |
| --- | --- |

Part I:

| Part II: | Procedure for the approval of classification societies |
| --- | --- |

Part II:

| Part III: | List of approved classification societies |
| --- | --- |

Part III:

PART I

CRITERIA FOR THE APPROVAL OF CLASSIFICATION SOCIETIES

Classification societies seeking approval under Article 10 of this Directive shall meet all the following criteria:

| (1) | The classification society shall be able to document extensive experience in assessing the design and construction of inland waterway vessels, including vessels for the carriage of dangerous goods. The classification society shall have comprehensive rules and regulations for the design, construction and periodic inspection of inland waterway vessels, including vessels for the carriage of dangerous goods, which shall be published at least in Dutch, English, French or German and shall be continuously updated and improved through research and development programmes. The rules and regulations must not conflict with the provisions of Community law or with international agreements in force. |
| --- | --- |

(1)

The classification society shall be able to document extensive experience in assessing the design and construction of inland waterway vessels, including vessels for the carriage of dangerous goods. The classification society shall have comprehensive rules and regulations for the design, construction and periodic inspection of inland waterway vessels, including vessels for the carriage of dangerous goods, which shall be published at least in Dutch, English, French or German and shall be continuously updated and improved through research and development programmes. The rules and regulations must not conflict with the provisions of Community law or with international agreements in force.

| (2) | The classification society shall publish its register of vessels annually. |
| --- | --- |

(2)

The classification society shall publish its register of vessels annually.

| (3) | The classification society shall not be controlled by shipowners or shipbuilders or by others engaged commercially in the design, manufacture, fitting-out, repair, operation or insurance of ships. The classification society shall not be dependent on a single commercial enterprise for its revenue. |
| --- | --- |

(3)

The classification society shall not be controlled by shipowners or shipbuilders or by others engaged commercially in the design, manufacture, fitting-out, repair, operation or insurance of ships. The classification society shall not be dependent on a single commercial enterprise for its revenue.

| (4) | The headquarters of the classification society or a branch authorised to give a ruling and to act in all areas incumbent on it under the regulations governing inland waterway transport shall be located in one of the Member States. |
| --- | --- |

(4)

The headquarters of the classification society or a branch authorised to give a ruling and to act in all areas incumbent on it under the regulations governing inland waterway transport shall be located in one of the Member States.

| (5) | The classification society and its experts shall have a good reputation in inland waterway transport; the experts shall be able to provide proof of their professional abilities. They shall act on the responsibility of the classification society. |
| --- | --- |

(5)

The classification society and its experts shall have a good reputation in inland waterway transport; the experts shall be able to provide proof of their professional abilities. They shall act on the responsibility of the classification society.

| (6) | The classification society shall have a significant technical, managerial, support, inspection and research staff, in proportion to the tasks and the vessels classified and catering also for developing capability and updating the regulations. It shall have inspectors in at least one Member State. |
| --- | --- |

(6)

The classification society shall have a significant technical, managerial, support, inspection and research staff, in proportion to the tasks and the vessels classified and catering also for developing capability and updating the regulations. It shall have inspectors in at least one Member State.

| (7) | The classification society shall be governed by a Code of Ethics. |
| --- | --- |

(7)

The classification society shall be governed by a Code of Ethics.

| (8) | The classification society shall be managed and administered in such a way as to ensure the confidentiality of information required by a Member State. |
| --- | --- |

(8)

The classification society shall be managed and administered in such a way as to ensure the confidentiality of information required by a Member State.

| (9) | The classification society shall be prepared to provide relevant information to a Member State. |
| --- | --- |

(9)

The classification society shall be prepared to provide relevant information to a Member State.

| (10) | The classification society's management shall have defined and documented its policy and objectives for, and commitment to, quality and ensured that this policy is understood, implemented and maintained at all levels in the classification society. |
| --- | --- |

(10)

The classification society's management shall have defined and documented its policy and objectives for, and commitment to, quality and ensured that this policy is understood, implemented and maintained at all levels in the classification society.

| (11) | The classification society shall have prepared and implemented and shall maintain an effective internal quality system based on the relevant parts of internationally recognised quality standards and complying with the EN 45004 (inspection bodies) and EN 29001 standards, as interpreted by the IACS Quality System Certification Scheme Requirements. The quality system must be certified by an independent body of auditors recognised by the administration of the State in which the classification society has its headquarters or branch, as provided for in paragraph 4, and which, inter alia, ensures that:






  (a) | the classification society's rules and regulations are established and maintained in a systematic manner; |
| --- | --- | --- |

(11)

The classification society shall have prepared and implemented and shall maintain an effective internal quality system based on the relevant parts of internationally recognised quality standards and complying with the EN 45004 (inspection bodies) and EN 29001 standards, as interpreted by the IACS Quality System Certification Scheme Requirements. The quality system must be certified by an independent body of auditors recognised by the administration of the State in which the classification society has its headquarters or branch, as provided for in paragraph 4, and which, inter alia, ensures that:

(a)

the classification society's rules and regulations are established and maintained in a systematic manner;

| (b) | the classification society's rules and regulations are complied with; |
| --- | --- |

(b)

the classification society's rules and regulations are complied with;

| (c) | the requirements of the statutory work for which the classification society is authorised are satisfied; |
| --- | --- |

(c)

the requirements of the statutory work for which the classification society is authorised are satisfied;

| (d) | the responsibilities, powers and interrelation of personnel whose work affects the quality of the classification society's services are defined and documented; |
| --- | --- |

(d)

the responsibilities, powers and interrelation of personnel whose work affects the quality of the classification society's services are defined and documented;

| (e) | all work is carried out under controlled conditions; |
| --- | --- |

(e)

all work is carried out under controlled conditions;

| (f) | a supervisory system is in place which monitors the actions and work carried out by surveyors and technical and administrative staff employed directly by the classification society; |
| --- | --- |

(f)

a supervisory system is in place which monitors the actions and work carried out by surveyors and technical and administrative staff employed directly by the classification society;

| (g) | the requirements of major statutory work for which the classification society is authorised are only carried out or directly supervised by its exclusive surveyors or by exclusive surveyors of other approved classification societies; |
| --- | --- |

(g)

the requirements of major statutory work for which the classification society is authorised are only carried out or directly supervised by its exclusive surveyors or by exclusive surveyors of other approved classification societies;

| (h) | a system for qualification of surveyors and continuous updating of their knowledge is implemented; |
| --- | --- |

(h)

a system for qualification of surveyors and continuous updating of their knowledge is implemented;

| (i) | records are maintained, demonstrating achievement of the required standards in the items covered by the services performed, as well as the effective operation of the quality system; and |
| --- | --- |

(i)

records are maintained, demonstrating achievement of the required standards in the items covered by the services performed, as well as the effective operation of the quality system; and

| (j) | a comprehensive system of planned and documented internal audits of quality-related activities exists in all locations. |
| --- | --- |

(j)

a comprehensive system of planned and documented internal audits of quality-related activities exists in all locations.

| (12) | The quality system must be certified by an independent body of auditors recognised by the administration of the State in which the classification society has its headquarters or branch, as provided for in section 4. |
| --- | --- |

(12)

The quality system must be certified by an independent body of auditors recognised by the administration of the State in which the classification society has its headquarters or branch, as provided for in section 4.

| (13) | The classification society shall undertake to bring its requirements into line with the appropriate European Union directives and to provide the Committee with all relevant information in good time. |
| --- | --- |

(13)

The classification society shall undertake to bring its requirements into line with the appropriate European Union directives and to provide the Committee with all relevant information in good time.

| (14) | The classification society shall undertake periodically to consult with the classification societies already approved in order to guarantee the equivalence of their technical standards and of implementation thereof, and should allow participation in the development of its rules and regulations by representatives of a Member State and other parties concerned. |
| --- | --- |

(14)

The classification society shall undertake periodically to consult with the classification societies already approved in order to guarantee the equivalence of their technical standards and of implementation thereof, and should allow participation in the development of its rules and regulations by representatives of a Member State and other parties concerned.

PART II

PROCEDURE FOR THE APPROVAL OF CLASSIFICATION SOCIETIES

A decision to approve a classification society under Article 10 of this Directive is to be taken by the Commission according to the procedure referred to in Article 19(2) of this Directive. In addition, the following procedure must be observed:

| (1) | An application for approval shall be submitted to the Commission by the representatives of the State in which the classification society has its headquarters or a branch authorised to give a ruling and act in all areas incumbent on it under the regulations governing inland waterway vessels. Furthermore, the representatives of this State shall send all information and documentation needed to check that the criteria for approval are met. |
| --- | --- |

(1)

An application for approval shall be submitted to the Commission by the representatives of the State in which the classification society has its headquarters or a branch authorised to give a ruling and act in all areas incumbent on it under the regulations governing inland waterway vessels. Furthermore, the representatives of this State shall send all information and documentation needed to check that the criteria for approval are met.

| (2) | Any Committee member can demand a hearing with the classification society concerned or that further information or documentation be provided. |
| --- | --- |

(2)

Any Committee member can demand a hearing with the classification society concerned or that further information or documentation be provided.

| (3) | Approval shall be withdrawn in a similar way. Any Committee member can ask for approval to be withdrawn. The representatives of the State asking for the withdrawal shall submit the information and documentation supporting their application. |
| --- | --- |

(3)

Approval shall be withdrawn in a similar way. Any Committee member can ask for approval to be withdrawn. The representatives of the State asking for the withdrawal shall submit the information and documentation supporting their application.

| (4) | When making its decisions, the Commission shall take account of decisions made by the Central Commission for Navigation on the Rhine regarding approval of the classification society concerned. Before approving a classification society which has not been approved by the Central Commission for Navigation on the Rhine, the Commission shall consult the Secretariat of the Central Commission. |
| --- | --- |

(4)

When making its decisions, the Commission shall take account of decisions made by the Central Commission for Navigation on the Rhine regarding approval of the classification society concerned. Before approving a classification society which has not been approved by the Central Commission for Navigation on the Rhine, the Commission shall consult the Secretariat of the Central Commission.

| (5) | Following each decision on approval of a classification society or the withdrawal of approval, the list of approved societies shall be amended. |
| --- | --- |

(5)

Following each decision on approval of a classification society or the withdrawal of approval, the list of approved societies shall be amended.

| (6) | The Commission shall inform the classification societies concerned of the Commission's decisions. |
| --- | --- |

(6)

The Commission shall inform the classification societies concerned of the Commission's decisions.

PART III

LIST OF APPROVED CLASSIFICATION SOCIETIES

On the basis of the criteria set out in Parts I and II, the following classification societies are currently approved under Article 10 of this Directive:

| (1) | Bureau Veritas |
| --- | --- |

(1)

Bureau Veritas

| (2) | Germanischer Lloyd |
| --- | --- |

(2)

Germanischer Lloyd

| (3) | Lloyd's Register of Shipping. |
| --- | --- |

(3)

Lloyd's Register of Shipping.

Until their approval under Parts I and II, classification societies which are recognised and approved and authorised by a Member State in accordance with Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (1) are currently approved in accordance with Article 10 of this Directive only in respect of vessels which operate exclusively on waterways of that Member State.

---

(1)  OJ L 319, 12.12.1994, p. 20. 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).

ANNEX VIII

RULES OF PROCEDURE FOR THE CARRYING OUT OF INSPECTIONS

Article 1

If the authorities find upon inspection that the certificate carried on the vessel is invalid, or that the vessel does not satisfy the requirements set out in the certificate, but that such invalidity or failure to satisfy the requirements does not constitute a manifest danger, the owner of the vessel or his representative shall take all necessary measures to remedy the situation. The authority which issued the certificate or which last renewed it shall be informed within seven days.

Article 2

If, upon making the inspection referred to in Article 1, the authorities find that the certificate is not being carried or that the vessel constitutes a manifest danger, they may prevent the vessel from proceeding until the necessary steps have been taken to remedy the situation.

They may also prescribe measures which will enable the vessel to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired. The authority which issued or last renewed the certificate shall be informed within seven days.

Article 3

A Member State which has prevented a vessel from proceeding, or has notified the owner of its intention to do so if the defects found are not corrected, shall inform the authority in the Member State which issued or last renewed the certificate, within seven days, of the decision which it has taken or intends to take.

Article 4

Any decision to interrupt the passage of a vessel taken pursuant to measures adopted in implementation of this Directive shall state in detail the reasons on which it is based. It shall be notified without delay to the party concerned, who shall at the same time be informed of the appeal procedures available to him under the laws in force in the Member States and of their time limits.

ANNEX IX

REQUIREMENTS APPLICABLE TO SIGNAL LIGHTS, RADAR INSTALLATIONS AND RATE-OF-TURN INDICATORS

| Part I: | Requirements concerning the colour and intensity of lights and the approval of signal lanterns for inland waterway vessels |
| --- | --- |

Part I:

| Part II: | Requirements concerning the conditions for testing and approval of signal lanterns for inland waterway vessels |
| --- | --- |

Part II:

| Part III: | Minimum requirements and test conditions for radar installations used for navigation in inland waterway vessels |
| --- | --- |

Part III:

| Part IV: | Minimum requirements and test conditions for rate-of-turn indicators used in inland waterway vessels |
| --- | --- |

Part IV:

| Part V: | Requirements for installation and performance tests for radar equipment and rate-of-turn indicators used in inland waterway vessels |
| --- | --- |

Part V:

| Part VI: | Model list of test institutes, approved equipment and approved installation firms |
| --- | --- |

Part VI:

PART I

REQUIREMENTS CONCERNING THE COLOUR AND INTENSITY OF LIGHTS AND THE APPROVAL OF SIGNAL LANTERNS FOR INLAND WATERWAY VESSELS

Contents

| Chapter 1 | Definitions |
| --- | --- |

Chapter 1

| Article 1.01 | Signal lanterns |
| --- | --- |

Article 1.01

| 1.02 | Signal lights |
| --- | --- |

1.02

| 1.03 | Light sources |
| --- | --- |

1.03

| 1.04 | Optic |
| --- | --- |

1.04

| 1.05 | Filter |
| --- | --- |

1.05

| 1.06 | Relation between IO, IB and t |
| --- | --- |

1.06

| Chapter 2 | Requirements for signal lights |
| --- | --- |

Chapter 2

| Article 2.01 | Colour of signal lights |
| --- | --- |

Article 2.01

| 2.02 | Luminous intensity and range of signal lights |
| --- | --- |

2.02

| 2.03 | Signal light dispersion |
| --- | --- |

2.03

| Chapter 3 | Requirements for signal lanterns |
| --- | --- |

Chapter 3

| Article 3.01 | Technical requirements |
| --- | --- |

Article 3.01

| Chapter 4 | Tests, approval and markings |
| --- | --- |

Chapter 4

| Article 4.01 | Type tests |
| --- | --- |

Article 4.01

| 4.02 | Test procedure |
| --- | --- |

4.02

| 4.03 | Approval certificate |
| --- | --- |

4.03

| 4.04 | Spot checks |
| --- | --- |

4.04

| 4.05 | Markings |
| --- | --- |

4.05

| Appendix | Model approval certificate for signal lanterns for inland waterway vessels |
| --- | --- |

Appendix

Chapter 1

Definitions

Article 1.01

Signal lanterns

| 1. | ‘Lantern’ means a device for distributing the flux from an artificial light source; it also includes the components needed to filter, refract or reflect the light, and to hold or operate the light source. |
| --- | --- |

1.

‘Lantern’ means a device for distributing the flux from an artificial light source; it also includes the components needed to filter, refract or reflect the light, and to hold or operate the light source.

| 2. | Lanterns intended to give signals on board a vessel are called signal lanterns. |
| --- | --- |

2.

Lanterns intended to give signals on board a vessel are called signal lanterns.

Article 1.02

Signal lights

| 1. | ‘Signal lights’ means the light signals emitted by signal lanterns. |
| --- | --- |

1.

‘Signal lights’ means the light signals emitted by signal lanterns.

| 2. | ‘Mast-head light’ means a white light, visible throughout a horizontal arc of 225° and projecting a uniform uninterrupted beam over 112°30′ on each side, i.e. from the bow to 22°30′ abaft the beam on each side. |
| --- | --- |

2.

‘Mast-head light’ means a white light, visible throughout a horizontal arc of 225° and projecting a uniform uninterrupted beam over 112°30′ on each side, i.e. from the bow to 22°30′ abaft the beam on each side.

| 3. | ‘Side lights’ means a green light to starboard and a red light to port; each of these lights shall be visible throughout a horizontal arc of 112°30′ and project a uniform uninterrupted beam, i.e. from the bow to 22°30′ abaft the beam. |
| --- | --- |

3.

‘Side lights’ means a green light to starboard and a red light to port; each of these lights shall be visible throughout a horizontal arc of 112°30′ and project a uniform uninterrupted beam, i.e. from the bow to 22°30′ abaft the beam.

| 4. | ‘Stern light’ means a white light, visible throughout a horizontal arc of 135° and projecting a uniform uninterrupted beam over a sector of 67°30′ along each side from the stern. |
| --- | --- |

4.

‘Stern light’ means a white light, visible throughout a horizontal arc of 135° and projecting a uniform uninterrupted beam over a sector of 67°30′ along each side from the stern.

| 5. | ‘Yellow stern light’ means a yellow light, visible throughout a horizontal arc of 135° and projecting a uniform uninterrupted beam over a sector of 67°30′ along each side from the stern. |
| --- | --- |

5.

‘Yellow stern light’ means a yellow light, visible throughout a horizontal arc of 135° and projecting a uniform uninterrupted beam over a sector of 67°30′ along each side from the stern.

| 6. | ‘Light visible from all directions’ means a light visible throughout a horizontal arc of 360° and projecting a uniform uninterrupted beam. |
| --- | --- |

6.

‘Light visible from all directions’ means a light visible throughout a horizontal arc of 360° and projecting a uniform uninterrupted beam.

| 7. | (a) | ‘Scintillating light’ means a light flashing at a rate of 40 to 60 light periods per minute. |
| --- | --- | --- |

7.

(a)

‘Scintillating light’ means a light flashing at a rate of 40 to 60 light periods per minute.

| (b) | ‘Rapidly scintillating light’ means a light flashing at a rate of 100 to 120 light periods per minute. |
| --- | --- |

(b)

‘Rapidly scintillating light’ means a light flashing at a rate of 100 to 120 light periods per minute.

A scintillating light is a series of regular light periods per unit time.

| 8. | Signal lights are classified according to their luminous intensity as:






  — | ordinary lights, |
| --- | --- | --- |

8.

Signal lights are classified according to their luminous intensity as:

—

ordinary lights,

| — | bright lights, |
| --- | --- |

—

bright lights,

| — | strong lights. |
| --- | --- |

—

strong lights.

Article 1.03

Light sources

‘Light sources’ means electrical or non-electrical devices designed to produce light fluxes in signal lanterns.

Article 1.04

Optic

| 1. | ‘Optic’ means a device comprising refracting, reflecting, or refracting and reflecting components, including their holders. The function of these components is to direct the rays from a light source in new specific directions. |
| --- | --- |

1.

‘Optic’ means a device comprising refracting, reflecting, or refracting and reflecting components, including their holders. The function of these components is to direct the rays from a light source in new specific directions.

| 2. | ‘Coloured optic’ means an optic which modifies the colour and intensity of the light transmitted. |
| --- | --- |

2.

‘Coloured optic’ means an optic which modifies the colour and intensity of the light transmitted.

| 3. | ‘Neutral optic’ means an optic which modifies the intensity of the light transmitted. |
| --- | --- |

3.

‘Neutral optic’ means an optic which modifies the intensity of the light transmitted.

Article 1.05

Filter

| 1. | ‘Coloured filter’ means a selective filter which modifies the colour and intensity of the light transmitted. |
| --- | --- |

1.

‘Coloured filter’ means a selective filter which modifies the colour and intensity of the light transmitted.

| 2. | ‘Neutral filter’ means a non-selective component which modifies the intensity of the light transmitted. |
| --- | --- |

2.

‘Neutral filter’ means a non-selective component which modifies the intensity of the light transmitted.

Article 1.06

Relation between IO, IB and t

| IO | means the photometric luminous intensity in candelas (cd) measured at normal voltage for electric lights. |
| --- | --- |
| IB | means the operational luminous intensity in candelas (cd). |
| t | means the range in kilometres (km). |

IO

means the photometric luminous intensity in candelas (cd) measured at normal voltage for electric lights.

IB

means the operational luminous intensity in candelas (cd).

t

means the range in kilometres (km).

Taking into account, for example, the ageing of the light source, the degree of dirtiness of the optic and variations in the voltage of the on-board grid, IB is taken as 25 per cent less than IO.

Consequently:

| | IB = 0,75 · IO |
| --- | --- |

IB = 0,75 · IO

The relation between IB and t of signal lights is given by the following equation:

| | IB = 0,2 · t2 · q– t |
| --- | --- |

IB = 0,2 · t2 · q– t

The atmospheric transmission coefficient q is taken as 0,76, corresponding to a meteorological visibility of 14,3 km.

Chapter 2

Requirements for signal lights

Article 2.01

Colour of signal lights

| 1. | A five-colour signal system shall apply to the lights, comprising the following colours:






  — | white, |
| --- | --- | --- |

1.

A five-colour signal system shall apply to the lights, comprising the following colours:

—

white,

| — | red, |
| --- | --- |

—

red,

| — | green, |
| --- | --- |

—

green,

| — | yellow, |
| --- | --- |

—

yellow,

| — | blue. |
| --- | --- |

—

blue.

This system shall conform to the recommendations of the International Commission on Illumination, ‘Colours of Signal Lights’, IEC publication No 2.2. (TC-1.6) 1975.

The colours shall apply to the light fluxes emitted by the signal lantern.

| 2. | The colour boundaries of signal lights shall be demarcated by the coordinates of the intersecting points of the chromatic diagram in IEC publication No 2.2 (TC-1.6) 1975 (see chromaticity diagram) as follows:












  Colour of signal light | Coordinates of the intersecting points |
| --- | --- | --- |
| White | x | 0,310 | 0,443 | 0,500 | 0,500 | 0,453 | 0,310 |
| y | 0,283 | 0,382 | 0,382 | 0,440 | 0,440 | 0,348 |
| Red | x | 0,690 | 0,710 | 0,680 | 0,660 | | |
| y | 0,290 | 0,290 | 0,320 | 0,320 | | |
| Green | x | 0,009 | 0,284 | 0,207 | 0,013 | | |
| y | 0,720 | 0,520 | 0,397 | 0,494 | | |
| Yellow | x | 0,612 | 0,618 | 0,575 | 0,575 | | |
| y | 0,382 | 0,382 | 0,425 | 0,406 | | |
| Blue | x | 0,136 | 0,218 | 0,185 | 0,102 | | |
| y | 0,040 | 0,142 | 0,175 | 0,105 | | |

2.

The colour boundaries of signal lights shall be demarcated by the coordinates of the intersecting points of the chromatic diagram in IEC publication No 2.2 (TC-1.6) 1975 (see chromaticity diagram) as follows:

Colour of signal light

Coordinates of the intersecting points

White

x

0,310

0,443

0,500

0,500

0,453

0,310

y

0,283

0,382

0,382

0,440

0,440

0,348

Red

x

0,690

0,710

0,680

0,660

y

0,290

0,290

0,320

0,320

Green

x

0,009

0,284

0,207

0,013

y

0,720

0,520

0,397

0,494

Yellow

x

0,612

0,618

0,575

0,575

y

0,382

0,382

0,425

0,406

Blue

x

0,136

0,218

0,185

0,102

y

0,040

0,142

0,175

0,105

IEC chromaticity diagram

| where | 2 930 K corresponds to the light of a vacuum filament lamp.
  2 856 K corresponds to the light of a gas-filled filament lamp. |
| --- | --- |

where

2 930 K corresponds to the light of a vacuum filament lamp.

2 856 K corresponds to the light of a gas-filled filament lamp.

Article 2.02

Intensity and range of the signal lights

The table set out below contains the permitted limits for IO, IB and t (daytime and nighttime use) according to the nature of the signal lights. The values indicated shall apply to the light flux emitted by the signal lanterns.

IO and IB are given in cd and t in km.

Maximum and minimum values

| Nature of the signal lights | Colour of signal light |
| --- | --- |
| White | Green/red | Yellow | Blue |
| min. | max. | min. | max. | min. | max. | min. | max. |
| ordinary | IO | 2,7 | 10,0 | 1,2 | 4,7 | 1,1 | 3,2 | 0,9 | 2,7 |
| IB | 2,0 | 7,5 | 0,9 | 3,5 | 0,8 | 2,4 | 0,7 | 2,0 |
| t | 2,3 | 3,7 | 1,7 | 2,8 | 1,6 | 2,5 | 1,5 | 2,3 |
| bright | IO | 12,0 | 33,0 | 6,7 | 27,0 | 4,8 | 20,0 | 6,7 | 27,0 |
| IB | 9,0 | 25,0 | 5,0 | 20,0 | 3,6 | 15,0 | 5,0 | 20,0 |
| t | 3,9 | 5,3 | 3,2 | 5,0 | 2,9 | 4,6 | 3,2 | 5,0 |
| strong | IO | 47,0 | 133,0 | — | — | 47,0 | 133,0 | — | — |
| IB | 35,0 | 100,0 | — | — | 35,0 | 100,0 | — | — |
| t | 5,9 | 8,0 | — | — | 5,9 | 8,0 | — | — |

Nature of the signal lights

Colour of signal light

White

Green/red

Yellow

Blue

min.

max.

min.

max.

min.

max.

min.

max.

ordinary

IO

2,7

10,0

1,2

4,7

1,1

3,2

0,9

2,7

IB

2,0

7,5

0,9

3,5

0,8

2,4

0,7

2,0

t

2,3

3,7

1,7

2,8

1,6

2,5

1,5

2,3

bright

IO

12,0

33,0

6,7

27,0

4,8

20,0

6,7

27,0

IB

9,0

25,0

5,0

20,0

3,6

15,0

5,0

20,0

t

3,9

5,3

3,2

5,0

2,9

4,6

3,2

5,0

strong

IO

47,0

133,0

—

—

47,0

133,0

—

—

IB

35,0

100,0

—

—

35,0

100,0

—

—

t

5,9

8,0

—

—

5,9

8,0

—

—

However, for daytime use of the yellow scintillating lights a minimum luminous intensity (IO) of 900 cd shall apply.

Article 2.03

Signal light dispersion

| 1. | Horizontal dispersion of the luminous intensity






  1.1 | The luminous intensities indicated in Article 2.02 shall apply to all directions of the horizontal plane passing through the focus of the optic or the luminous centre of gravity of the correctly adjusted light source of a vertically positioned signal lantern. |
| --- | --- | --- |

1.

Horizontal dispersion of the luminous intensity

1.1

The luminous intensities indicated in Article 2.02 shall apply to all directions of the horizontal plane passing through the focus of the optic or the luminous centre of gravity of the correctly adjusted light source of a vertically positioned signal lantern.

| 1.2 | For the masthead lights, stern lights and side lights, the luminous intensities prescribed shall be maintained throughout the horizontal arc within the sector prescribed at least up to within 5° of the limits.
  As from 5° within the sector prescribed up to the limit, the luminous intensity may decrease by 50 per cent; it shall subsequently decrease gradually in such a way that, as from 5° beyond the limits of the sector, only a negligible amount of light remains. |
| --- | --- |

1.2

For the masthead lights, stern lights and side lights, the luminous intensities prescribed shall be maintained throughout the horizontal arc within the sector prescribed at least up to within 5° of the limits.

As from 5° within the sector prescribed up to the limit, the luminous intensity may decrease by 50 per cent; it shall subsequently decrease gradually in such a way that, as from 5° beyond the limits of the sector, only a negligible amount of light remains.

| 1.3 | The side lights shall have the prescribed luminous intensity in the direction parallel to the axis of the vessel forward. The intensities shall decrease practically to zero between 1° and 3° beyond the limits of the prescribed sector. |
| --- | --- |

1.3

The side lights shall have the prescribed luminous intensity in the direction parallel to the axis of the vessel forward. The intensities shall decrease practically to zero between 1° and 3° beyond the limits of the prescribed sector.

| 1.4 | For bi-coloured or tri-coloured lanterns, the dispersion of the luminous intensity shall be uniform so that 3° on either side of the prescribed sector limits, the maximum permitted intensity is not exceeded and the minimum prescribed intensity is reached. |
| --- | --- |

1.4

For bi-coloured or tri-coloured lanterns, the dispersion of the luminous intensity shall be uniform so that 3° on either side of the prescribed sector limits, the maximum permitted intensity is not exceeded and the minimum prescribed intensity is reached.

| 1.5 | The horizontal dispersion of the luminous intensity of the lanterns shall be uniform throughout the sector, so that the minimum and maximum values observed for the photometric luminous intensity do not differ by more than a factor of 1,5. |
| --- | --- |

1.5

The horizontal dispersion of the luminous intensity of the lanterns shall be uniform throughout the sector, so that the minimum and maximum values observed for the photometric luminous intensity do not differ by more than a factor of 1,5.

| 2. | Vertical dispersion of the luminous intensity
  In the event of heeling of up to ± 5° or ± 7,5° from the horizontal, the luminous intensity shall remain at least equal to 80 % in the first case, and 60 % in the second case, of the luminous intensity corresponding to 0° heeling, although it shall not exceed it by more than 1,2 times. |
| --- | --- |

2.

Vertical dispersion of the luminous intensity

In the event of heeling of up to ± 5° or ± 7,5° from the horizontal, the luminous intensity shall remain at least equal to 80 % in the first case, and 60 % in the second case, of the luminous intensity corresponding to 0° heeling, although it shall not exceed it by more than 1,2 times.

Chapter 3

Requirements for signal lanterns

Article 3.01

Technical requirements

| 1. | The construction of and materials of signal lanterns and light sources shall be such as to ensure their safety and durability. |
| --- | --- |

1.

The construction of and materials of signal lanterns and light sources shall be such as to ensure their safety and durability.

| 2. | The components of the lanterns (for example, the cross braces) shall not impair the intensity, colours or dispersion of the light. |
| --- | --- |

2.

The components of the lanterns (for example, the cross braces) shall not impair the intensity, colours or dispersion of the light.

| 3. | It shall be possible to install the signal lanterns on board simply and in the correct position. |
| --- | --- |

3.

It shall be possible to install the signal lanterns on board simply and in the correct position.

| 4. | It shall be easy to replace the light source. |
| --- | --- |

4.

It shall be easy to replace the light source.

Chapter 4

Tests, approval and markings

Article 4.01

Type tests

The type test according to the ‘Conditions for testing and approval of signal lanterns in inland waterway vessels’ is intended to ascertain whether the signal lanterns and their light source meet these requirements.

Article 4.02

Test procedure

| 1. | An application for a type test shall be submitted to the competent testing authority, with at least two copies of the plans and two specimens of the lantern as well as the light sources required. |
| --- | --- |

1.

An application for a type test shall be submitted to the competent testing authority, with at least two copies of the plans and two specimens of the lantern as well as the light sources required.

| 2. | If the test does not give rise to objections, one copy of the plans accompanying the application, with the approval entered on it, and one of the approved specimen lanterns shall be returned to the applicant. The second copy and second specimen lantern shall be kept by the testing authority. |
| --- | --- |

2.

If the test does not give rise to objections, one copy of the plans accompanying the application, with the approval entered on it, and one of the approved specimen lanterns shall be returned to the applicant. The second copy and second specimen lantern shall be kept by the testing authority.

| 3. | The manufacturer shall declare to the testing authority that all the components of the series-produced lantern conform to those of the type-tested lantern. |
| --- | --- |

3.

The manufacturer shall declare to the testing authority that all the components of the series-produced lantern conform to those of the type-tested lantern.

Article 4.03

Approval certificate

| 1. | If the type test shows that these requirements have been met, the signal lantern type shall be approved and an approval certificate based on the model in the Appendix and bearing the markings referred to in Article 4.05 shall be issued to the applicant. |
| --- | --- |

1.

If the type test shows that these requirements have been met, the signal lantern type shall be approved and an approval certificate based on the model in the Appendix and bearing the markings referred to in Article 4.05 shall be issued to the applicant.

| 2. | The holder of the approval certificate:






  — | shall be authorised to affix the markings referred to in Article 4.05 to the various parts; |
| --- | --- | --- |

2.

The holder of the approval certificate:

—

shall be authorised to affix the markings referred to in Article 4.05 to the various parts;

| — | may undertake manufacture only in conformity with the plans approved by the testing authority and according to the technique used for the type-tested lanterns; |
| --- | --- |

—

may undertake manufacture only in conformity with the plans approved by the testing authority and according to the technique used for the type-tested lanterns;

| — | may modify the approved plans and lantern models only with the approval of the testing authority. The latter shall also decide whether the approval certificate issued only requires additions to be made to it or whether a new application for approval is needed. |
| --- | --- |

—

may modify the approved plans and lantern models only with the approval of the testing authority. The latter shall also decide whether the approval certificate issued only requires additions to be made to it or whether a new application for approval is needed.

Article 4.04

Spot checks

| 1. | The testing authority shall be empowered to take samples of signal lanterns from the production series for testing. |
| --- | --- |

1.

The testing authority shall be empowered to take samples of signal lanterns from the production series for testing.

| 2. | If the test reveals serious shortcomings, the approval may be withdrawn. |
| --- | --- |

2.

If the test reveals serious shortcomings, the approval may be withdrawn.

Article 4.05

Markings

| 1. | Approved signal lanterns, optics and light sources shall be marked as indicated below:

  e . X . YY . nnn
  where ‘e’ is the approval mark,
  ‘X’ indicates the country of approval, where:












  1 | = Germany |
| --- | --- | --- |

1.

Approved signal lanterns, optics and light sources shall be marked as indicated below:

Imagee . X . YY . nnn

where ‘Imagee’ is the approval mark,

‘X’ indicates the country of approval, where:

1

= Germany

| 18 | = Denmark |
| --- | --- |

18

= Denmark

| 2 | = France |
| --- | --- |

2

= France

| 20 | = Poland |
| --- | --- |

20

= Poland

| 3 | = Italy |
| --- | --- |

3

= Italy

| 21 | = Portugal |
| --- | --- |

21

= Portugal

| 4 | = Netherlands |
| --- | --- |

4

= Netherlands

| 23 | = Greece |
| --- | --- |

23

= Greece

| 5 | = Sweden |
| --- | --- |

5

= Sweden

| 24 | = Ireland |
| --- | --- |

24

= Ireland

| 6 | = Belgium |
| --- | --- |

6

= Belgium

| 26 | = Slovenia |
| --- | --- |

26

= Slovenia

| 7 | = Hungary |
| --- | --- |

7

= Hungary

| 27 | = Slovakia |
| --- | --- |

27

= Slovakia

| 8 | = Czech Republic |
| --- | --- |

8

= Czech Republic

| 29 | = Estonia |
| --- | --- |

29

= Estonia

| 9 | = Spain |
| --- | --- |

9

= Spain

| 32 | = Latvia |
| --- | --- |

32

= Latvia

| 11 | = United Kingdom |
| --- | --- |

11

= United Kingdom

| 36 | = Lithuania |
| --- | --- |

36

= Lithuania

| 12 | = Austria |
| --- | --- |

12

= Austria

| 49 | = Cyprus |
| --- | --- |

49

= Cyprus

| 13 | = Luxembourg |
| --- | --- |

13

= Luxembourg

| 50 | = Malta |
| --- | --- |

50

= Malta

| 17 | = Finland |
| --- | --- |

17

= Finland

| ‘YY’ | are the last two figures of the year of approval, and |
| --- | --- |
| ‘nnn’ | is the approval number assigned by the testing authority. |

‘YY’

are the last two figures of the year of approval, and

‘nnn’

is the approval number assigned by the testing authority.

| 2. | The markings shall be clearly legible and shall be indelibly affixed. |
| --- | --- |

2.

The markings shall be clearly legible and shall be indelibly affixed.

| 3. | Markings on the housing shall be such that the signal lantern does not need to be dismantled in order to find them on board. If the optic and housing are inseparable, a marking on the housing shall suffice. |
| --- | --- |

3.

Markings on the housing shall be such that the signal lantern does not need to be dismantled in order to find them on board. If the optic and housing are inseparable, a marking on the housing shall suffice.

| 4. | Only approved signal lanterns, optics and light sources may bear the markings indicated in paragraph 1 above. |
| --- | --- |

4.

Only approved signal lanterns, optics and light sources may bear the markings indicated in paragraph 1 above.

| 5. | The testing authority shall immediately inform the Committee of the marking assigned.

  Appendix |
| --- | --- |

5.

The testing authority shall immediately inform the Committee of the marking assigned.

Appendix

Image

PART II

REQUIREMENTS CONCERNING THE CONDITIONS FOR TESTING AND APPROVAL OF SIGNAL LANTERNS FOR INLAND WATERWAY VESSELS

Contents

| Chapter 1 | General provisions |
| --- | --- |

Chapter 1

| Article 1.01 | Standard voltages |
| --- | --- |

Article 1.01

| 1.02 | Operating requirements |
| --- | --- |

1.02

| 1.03 | Mounting |
| --- | --- |

1.03

| 1.04 | Photometric requirements |
| --- | --- |

1.04

| 1.05 | Components |
| --- | --- |

1.05

| 1.06 | Maintenance |
| --- | --- |

1.06

| 1.07 | Safety requirements |
| --- | --- |

1.07

| 1.08 | Accessories |
| --- | --- |

1.08

| 1.09 | Non-electric signal lanterns |
| --- | --- |

1.09

| 1.10 | Double lanterns |
| --- | --- |

1.10

| Chapter 2 | Photometric and colorimetric requirements |
| --- | --- |

Chapter 2

| Article 2.01 | Photometric requirements |
| --- | --- |

Article 2.01

| 2.02 | Colorimetric requirements |
| --- | --- |

2.02

| Chapter 3 | Manufacturing requirements |
| --- | --- |

Chapter 3

| Article 3.01 | Electric lanterns |
| --- | --- |

Article 3.01

| 3.02 | Filters and optical glasses |
| --- | --- |

3.02

| 3.03 | Electric light sources |
| --- | --- |

3.03

| Chapter 4 | Test and approval procedure |
| --- | --- |

Chapter 4

| Article 4.01 | General rules of procedure |
| --- | --- |

Article 4.01

| 4.02 | Application |
| --- | --- |

4.02

| 4.03 | Test |
| --- | --- |

4.03

| 4.04 | Approval |
| --- | --- |

4.04

| 4.05 | Cessation of validity of the approval |
| --- | --- |

4.05

| Appendix | Environment tests |
| --- | --- |

Appendix

Appendix

| 1. | Test concerning protection against splashing water and dust |
| --- | --- |

1.

| 2. | Humid atmosphere test |
| --- | --- |

2.

| 3. | Cold test |
| --- | --- |

3.

| 4. | Heat test |
| --- | --- |

4.

| 5. | Vibration test |
| --- | --- |

5.

| 6. | Accelerated weather resistance test |
| --- | --- |

6.

| 7. | Salt water and weather-resistance test (sea-fog test). |
| --- | --- |

7.

Chapter 1

General provisions

Article 1.01

Standard voltages

The standard voltages for signal lanterns for inland waterway vessels shall be 230 V, 115 V, 110 V, 24 V and 12 V. Wherever possible, 24 V appliances should be used.

Article 1.02

Operating requirements

The normal operation of signal lanterns and their accessories shall not be hindered by routine on-board operations. In particular, all the optical components used and major parts for mounting and adjusting them shall be so manufactured that their position, once established, cannot be modified during operation.

Article 1.03

Mounting

The parts for mounting signal lanterns on board shall be so made that, once they have been adjusted, the position of the lanterns, when fixed, cannot be modified during operation.

Article 1.04

Photometric requirements

Signal lanterns shall produce the prescribed dispersion of luminous intensity; the identifying colour of the light and the prescribed intensity shall be obtained as soon as the light is turned on.

Article 1.05

Components

Only components manufactured for the purpose shall be used in signal lanterns.

Article 1.06

Maintenance

The method of construction of signal lanterns and their accessories shall permit their regular maintenance and, if necessary, enable light sources to be changed easily, even in darkness.

Article 1.07

Safety requirements

Signal lanterns and their accessories shall be so manufactured and proportioned that they can be operated, controlled and monitored without danger to persons.

Article 1.08

Accessories

Lantern accessories shall be so designed and manufactured that their arrangement, mounting and connection shall not hinder the normal use and proper functioning of the lanterns.

Article 1.09

Non-electric signal lanterns

Non-electric lanterns shall be designed and manufactured in conformity with Articles 1.02 to 1.08 of this Chapter and so as to meet the requirements of Chapter 3. The requirements contained in Chapter 2 of these testing and approval conditions shall apply mutatis mutandis.

Article 1.10

Double lanterns

It shall be possible to use two lanterns mounted one above the other in one housing (double lantern) as a single lantern. Under no circumstances shall the two light sources of a double lantern be used simultaneously.

Chapter 2

Photometric and colorimetric requirements

Article 2.01

Photometric requirements

| 1. | The photometric specifications for signal lanterns are set out in Part I. |
| --- | --- |

1.

The photometric specifications for signal lanterns are set out in Part I.

| 2. | The construction of signal lanterns shall guarantee that the light cannot be reflected or interrupted. The use of reflectors shall not be permitted. |
| --- | --- |

2.

The construction of signal lanterns shall guarantee that the light cannot be reflected or interrupted. The use of reflectors shall not be permitted.

| 3. | In the case of two-colour or three-colour lights, the projection of light of a colour beyond the sector limits prescribed for that colour shall be effectively prevented, including inside the glass. |
| --- | --- |

3.

In the case of two-colour or three-colour lights, the projection of light of a colour beyond the sector limits prescribed for that colour shall be effectively prevented, including inside the glass.

| 4. | These requirements shall apply mutatis mutandis to non-electric lights. |
| --- | --- |

4.

These requirements shall apply mutatis mutandis to non-electric lights.

Article 2.02

Colorimetric requirements

| 1. | The colorimetric specifications for signal lanterns are set out in Part I. |
| --- | --- |

1.

The colorimetric specifications for signal lanterns are set out in Part I.

| 2. | The colour of the light emitted by signal lanterns shall be situated, for the temperature of the colour used by the light source, in the appropriate chromatic position established in Part I. |
| --- | --- |

2.

The colour of the light emitted by signal lanterns shall be situated, for the temperature of the colour used by the light source, in the appropriate chromatic position established in Part I.

| 3. | The colour of signal lights shall come only from filters (optics, glasses) and optical glasses coloured throughout if the chromatic points of the transmitted light do not diverge by more than 0,01 from their coordinates in the IEC chromaticity diagram. Coloured bulbs shall not be permitted. |
| --- | --- |

3.

The colour of signal lights shall come only from filters (optics, glasses) and optical glasses coloured throughout if the chromatic points of the transmitted light do not diverge by more than 0,01 from their coordinates in the IEC chromaticity diagram. Coloured bulbs shall not be permitted.

| 4. | The transparency of coloured glasses (filters) shall be such that, at the temperature of the light source colour used, the luminous intensity prescribed shall be reached. |
| --- | --- |

4.

The transparency of coloured glasses (filters) shall be such that, at the temperature of the light source colour used, the luminous intensity prescribed shall be reached.

| 5. | The reflection of the source light on the parts of the signal lantern shall not be selective, i.e. the trichromatic coordinates x and y of the source used in the signal lantern shall, at the temperature of the colour used, not deviate by more than 0,01 following reflection. |
| --- | --- |

5.

The reflection of the source light on the parts of the signal lantern shall not be selective, i.e. the trichromatic coordinates x and y of the source used in the signal lantern shall, at the temperature of the colour used, not deviate by more than 0,01 following reflection.

| 6. | Colourless glass shall not, at the temperature of the colour used, selectively influence the light emitted. Similarly, following an extensive operating period, the trichromatic coordinates x and y of the light source used in the signal lantern shall not deviate by more than 0,01, once the light has passed through the glass. |
| --- | --- |

6.

Colourless glass shall not, at the temperature of the colour used, selectively influence the light emitted. Similarly, following an extensive operating period, the trichromatic coordinates x and y of the light source used in the signal lantern shall not deviate by more than 0,01, once the light has passed through the glass.

| 7. | The colour of the light of non-electric signal lanterns, at the temperature of the light source used, shall be located in the appropriate chromatic position established in Part I. |
| --- | --- |

7.

The colour of the light of non-electric signal lanterns, at the temperature of the light source used, shall be located in the appropriate chromatic position established in Part I.

| 8. | The colour of the light from non-electric coloured signal lanterns shall come only from silicate glass, coloured throughout. For coloured non-electric lanterns, all the coloured silicate glass shall be such that at the colour temperature nearest the non-electric light source the prescribed luminous intensity shall be reached. |
| --- | --- |

8.

The colour of the light from non-electric coloured signal lanterns shall come only from silicate glass, coloured throughout. For coloured non-electric lanterns, all the coloured silicate glass shall be such that at the colour temperature nearest the non-electric light source the prescribed luminous intensity shall be reached.

Chapter 3

Manufacturing requirements

Article 3.01

Electric signal lanterns

| 1. | All the parts of the lanterns shall withstand the particular operational stresses resulting from movement of the vessel, vibrations, corrosion, temperature variations, impacts during loading and navigation in ice and other influences which may be exerted on board. |
| --- | --- |

1.

All the parts of the lanterns shall withstand the particular operational stresses resulting from movement of the vessel, vibrations, corrosion, temperature variations, impacts during loading and navigation in ice and other influences which may be exerted on board.

| 2. | The construction, the materials and the workmanship of the lantern shall guarantee stability and ensure that, after mechanical and thermal stresses and exposure to ultraviolet rays in accordance with these requirements, its performance is unchanged; in particular, the photometric and colorimetric properties shall be preserved. |
| --- | --- |

2.

The construction, the materials and the workmanship of the lantern shall guarantee stability and ensure that, after mechanical and thermal stresses and exposure to ultraviolet rays in accordance with these requirements, its performance is unchanged; in particular, the photometric and colorimetric properties shall be preserved.

| 3. | The components exposed to corrosion shall be made of corrosion-resistant materials or be provided with effective protection against corrosion. |
| --- | --- |

3.

The components exposed to corrosion shall be made of corrosion-resistant materials or be provided with effective protection against corrosion.

| 4. | The materials used shall not be hygroscopic where this would be detrimental to the operation of the installations, appliances and accessories. |
| --- | --- |

4.

The materials used shall not be hygroscopic where this would be detrimental to the operation of the installations, appliances and accessories.

| 5. | The materials used shall be highly fire-resistant. |
| --- | --- |

5.

The materials used shall be highly fire-resistant.

| 6. | The testing authority may grant exemptions concerning the properties of the materials used provided that safety is guaranteed by the manufacture. |
| --- | --- |

6.

The testing authority may grant exemptions concerning the properties of the materials used provided that safety is guaranteed by the manufacture.

| 7. | Signal lanterns shall be tested to ensure their suitability for use on board.
  The tests shall be divided between environmental and operating requirements. |
| --- | --- |

7.

Signal lanterns shall be tested to ensure their suitability for use on board.

The tests shall be divided between environmental and operating requirements.

| 8. | Environmental requirements:






  (a) | Classes of environment






  — | Classes of climate:







  X | Appliances intended for use in places exposed to weather conditions. |
| --- | --- | --- | --- | --- |
| S | Appliances intended for submersion or for prolonged contact with salt water. |

8.

Environmental requirements:

(a)

Classes of environment

—

Classes of climate:

Classes of climate:

X

Appliances intended for use in places exposed to weather conditions.

S

Appliances intended for submersion or for prolonged contact with salt water.

| — | Classes of vibration:







  V | Appliances and devices intended for installation on masts and at other points particularly exposed to vibrations. |
| --- | --- | --- |

—

Classes of vibration:

Classes of vibration:

V

Appliances and devices intended for installation on masts and at other points particularly exposed to vibrations.

| — | Classes of hardness: |
| --- | --- |

—

Classes of hardness:

Classes of hardness:

Ambient conditions are divided into three classes of hardness:

| (1) | Normal ambient conditions:
  These may regularly obtain on board during a long period. |
| --- | --- |

(1)

Normal ambient conditions:

These may regularly obtain on board during a long period.

| (2) | Extreme ambient conditions:
  These may exceptionally obtain on board in special cases. |
| --- | --- |

(2)

Extreme ambient conditions:

These may exceptionally obtain on board in special cases.

| (3) | Transport ambient conditions:
  These may obtain during transport and immobilisation other than during the operation of the installations, appliances and accessories. |
| --- | --- |

(3)

Transport ambient conditions:

These may obtain during transport and immobilisation other than during the operation of the installations, appliances and accessories.

Tests under normal ambient conditions are described as ‘normal ambient tests’, tests under extreme ambient conditions as ‘extreme ambient tests’ and tests under transport ambient conditions as ‘transport ambient tests’.

| (b) | Requirements
  Signal lanterns and their accessories shall be suited to lengthy operation under the influence of the motion of the sea, and of the vibrations, humidity and temperature variations which must be expected on board ship.
  Signal lanterns and their accessories shall, on exposure to the ambient conditions listed in the Appendix, meet the requirements of their class of environment, as defined in paragraph 8(a). |
| --- | --- |

(b)

Requirements

Signal lanterns and their accessories shall be suited to lengthy operation under the influence of the motion of the sea, and of the vibrations, humidity and temperature variations which must be expected on board ship.

Signal lanterns and their accessories shall, on exposure to the ambient conditions listed in the Appendix, meet the requirements of their class of environment, as defined in paragraph 8(a).

| 9. | Suitability for operation






  (a) | Power supply: during fluctuations in the voltages and frequencies of the supply current from their rated values (1) within the limits specified in the table set out below and oscillations of 5 % in the alternating supply voltage, signal lanterns and their accessories shall operate within the permitted tolerances for on-board operation applicable to them on the basis of the test and approval conditions. Theoretically, the supply voltage for the lanterns shall not deviate by more than ± 5 % from the rated voltage selected.








  Supply
  (Rated voltage) | Fluctuations in voltage and frequency of the supply current of lanterns and their accessories |
| --- | --- | --- | --- |
| Fluctuations in voltage | Fluctuations in frequency | Duration |
| Direct current of more than 48 V | ± 10 % | ± 5 % | continuous |
| and alternating current | ± 20 % | ± 10 % | max. 3 s |
| Direct current up to and including 48 V | ± 10 % | — | continuous |

9.

Suitability for operation

(a)

Power supply: during fluctuations in the voltages and frequencies of the supply current from their rated values (1) within the limits specified in the table set out below and oscillations of 5 % in the alternating supply voltage, signal lanterns and their accessories shall operate within the permitted tolerances for on-board operation applicable to them on the basis of the test and approval conditions. Theoretically, the supply voltage for the lanterns shall not deviate by more than ± 5 % from the rated voltage selected.

1

Supply

(Rated voltage)

Fluctuations in voltage and frequency of the supply current of lanterns and their accessories

Fluctuations in voltage

Fluctuations in frequency

Duration

Direct current of more than 48 V

± 10 %

± 5 %

continuous

and alternating current

± 20 %

± 10 %

max. 3 s

Direct current up to and including 48 V

± 10 %

—

continuous

Voltage peaks of up to ± 1 200 V with a rise time of between 2 and 10 μs and a maximum duration of 20 μs and the reversal of the supply voltage shall not cause damage to the signal lanterns and their accessories. After their occurrence, when safety devices may have cut in, the signal lanterns and their accessories shall operate within the permitted tolerances for on-board operation on the basis of the test and approval conditions.

| (b) | Electromagnetic compatibility: all reasonable and practical measures shall be taken to eliminate or reduce the reciprocal electromagnetic effects of lanterns and their accessories and of other installations and appliances forming part of the vessels' equipment. |
| --- | --- |

(b)

Electromagnetic compatibility: all reasonable and practical measures shall be taken to eliminate or reduce the reciprocal electromagnetic effects of lanterns and their accessories and of other installations and appliances forming part of the vessels' equipment.

| 10. | Ambient conditions on board vessels
  The normal, extreme and transport ambient conditions referred to in paragraph 8(a) are based on the proposed additions to IEC publications 92-101 and 92-504. Other values deviating from them are marked with *. | Normal | Extreme | Transport |
| --- | --- | --- | --- | --- |
| Ambient conditions |
| a)   Ambient air temperature: |
| Classes of climate: | – 25 to | – 25 to | – 25 to |
| Climate classes X and S according to paragraph 8(a) | + 55 °C* | + 55 °C* | + 70 °C* |
| b)   Ambient air humidity: |
| Constant temperature | + 20 °C | + 35 °C | + 45 °C |
| Maximum relative humidity | 95 % | 75 % | 65 % |
| Change of temperature | Possibly reaching dewpoint |
| c)   Weather conditions on deck: |
| Sunlight | 1 120 W/m2 |
| Wind | 50 m/s |
| Rainfall | 15 mm/min |
| Speed of the water during movement (waves) | 10 m/s |
| Water salinity | 30 kg/m3 |
| d)   Magnetic field: |
| Magnetic field from any direction | 80 A/m |
| e)   Vibration:

  Sinusoidal vibration from any direction
  Class of vibration V according to paragraph 8(a) (severe stress, e.g. on masts) |
| Frequencies | 2 to 10 Hz | 2 to 13,2 Hz* |
| Range | ± 1,6 mm | ± 1,6 mm |
| Frequencies | 10 to 100 Hz | 13,2 to 100 Hz* |
| Range of acceleration | ± 7 m/s2 | ± 11 m/s2 * |

10.

Ambient conditions on board vessels

The normal, extreme and transport ambient conditions referred to in paragraph 8(a) are based on the proposed additions to IEC publications 92-101 and 92-504. Other values deviating from them are marked with *.

Normal

Extreme

Transport

Ambient conditions

a)   Ambient air temperature:

Ambient air temperature:

Classes of climate:

– 25 to

– 25 to

– 25 to

Climate classes X and S according to paragraph 8(a)

- 55 °C*

- 55 °C*

- 70 °C*

b)   Ambient air humidity:

Ambient air humidity:

Constant temperature

- 20 °C

- 35 °C

- 45 °C

Maximum relative humidity

95 %

75 %

65 %

Change of temperature

Possibly reaching dewpoint

c)   Weather conditions on deck:

Weather conditions on deck:

Sunlight

1 120 W/m2

2

Wind

50 m/s

Rainfall

15 mm/min

Speed of the water during movement (waves)

10 m/s

Water salinity

30 kg/m3

3

d)   Magnetic field:

Magnetic field:

Magnetic field from any direction

80 A/m

e)   Vibration:

Vibration:

Sinusoidal vibration from any direction

Class of vibration V according to paragraph 8(a) (severe stress, e.g. on masts)

Frequencies

2 to 10 Hz

2 to 13,2 Hz*

Range

± 1,6 mm

± 1,6 mm

Frequencies

10 to 100 Hz

13,2 to 100 Hz*

Range of acceleration

± 7 m/s2

2

± 11 m/s2 *

2

| 11. | Signal lanterns must pass the environment tests set out in the Appendix. |
| --- | --- |

11.

Signal lanterns must pass the environment tests set out in the Appendix.

| 12. | Lantern components made of organic materials shall not be sensitive to ultraviolet radiation.
  After testing for 720 hours in conformity with section 6 of the Appendix, there shall be no deterioration in quality and the trichromatic coordinates x and y shall not deviate by more than 0,01 from those for transparent parts which have been exposed neither to radiation nor to water. |
| --- | --- |

12.

Lantern components made of organic materials shall not be sensitive to ultraviolet radiation.

After testing for 720 hours in conformity with section 6 of the Appendix, there shall be no deterioration in quality and the trichromatic coordinates x and y shall not deviate by more than 0,01 from those for transparent parts which have been exposed neither to radiation nor to water.

| 13. | The transparent parts and screens of the lanterns shall be so designed and manufactured that, given normal on-board requirements, extended operation with an excess voltage of 10 % and an ambient temperature of + 45 °C, they are not deformed, altered or destroyed. |
| --- | --- |

13.

The transparent parts and screens of the lanterns shall be so designed and manufactured that, given normal on-board requirements, extended operation with an excess voltage of 10 % and an ambient temperature of + 45 °C, they are not deformed, altered or destroyed.

| 14. | With extended operation and an excess voltage of 10 % and an ambient temperature of + 60 °C, lanterns shall remain intact on their holders when subjected to a force of 1 000 N (Newton) for eight hours. |
| --- | --- |

14.

With extended operation and an excess voltage of 10 % and an ambient temperature of + 60 °C, lanterns shall remain intact on their holders when subjected to a force of 1 000 N (Newton) for eight hours.

| 15. | Lanterns shall be resistant to temporary submersion. During extended operation with an excess voltage of 10 % and an ambient temperature of + 45 °C, they shall not be affected by drenching with the contents of a receptacle containing 10 litres of water at a temperature of + 15° to + 20 °C. |
| --- | --- |

15.

Lanterns shall be resistant to temporary submersion. During extended operation with an excess voltage of 10 % and an ambient temperature of + 45 °C, they shall not be affected by drenching with the contents of a receptacle containing 10 litres of water at a temperature of + 15° to + 20 °C.

| 16. | The durability of the materials used shall be ensured under operating conditions; in particular, the materials shall be capable of withstanding, during operation, their highest continuous use temperatures. |
| --- | --- |

16.

The durability of the materials used shall be ensured under operating conditions; in particular, the materials shall be capable of withstanding, during operation, their highest continuous use temperatures.

| 17. | If the lanterns include non-metallic components, their continuous use temperature under on-board conditions at an ambient temperature of + 45 °C shall be determined.
  If the continuous use temperature of the non-metallic materials as so determined exceeds the maximum temperatures indicated in Tables X and XI in IEC publication 598, part 1, special examinations shall be carried out to determine the resistance to continuous mechanical, thermal and climatic stresses on these parts of the lanterns. |
| --- | --- |

17.

If the lanterns include non-metallic components, their continuous use temperature under on-board conditions at an ambient temperature of + 45 °C shall be determined.

If the continuous use temperature of the non-metallic materials as so determined exceeds the maximum temperatures indicated in Tables X and XI in IEC publication 598, part 1, special examinations shall be carried out to determine the resistance to continuous mechanical, thermal and climatic stresses on these parts of the lanterns.

| 18. | For the non-deformability tests of parts at continuous use temperature, the lantern shall be placed in operating position in a slight constant air flow (v = approximately 0,5 m/s) in an ambient temperature of + 45 °C and under on-board conditions. While they are being brought to temperature, and once the operating temperature is reached, the non-metallic parts shall be subjected to a mechanical stress in keeping with their purpose or with possible manipulation thereof. The transparent parts of the lanterns of materials other than silicate glass shall be subjected to the action of a 5 mm × 6 mm metallic punch exerting a continuous force of 6,5 N (equivalent to finger pressure) half way between the upper and lower sides of the transparent part.
  The part shall not suffer any permanent deformation as a result of such mechanical stresses. |
| --- | --- |

18.

For the non-deformability tests of parts at continuous use temperature, the lantern shall be placed in operating position in a slight constant air flow (v = approximately 0,5 m/s) in an ambient temperature of + 45 °C and under on-board conditions. While they are being brought to temperature, and once the operating temperature is reached, the non-metallic parts shall be subjected to a mechanical stress in keeping with their purpose or with possible manipulation thereof. The transparent parts of the lanterns of materials other than silicate glass shall be subjected to the action of a 5 mm × 6 mm metallic punch exerting a continuous force of 6,5 N (equivalent to finger pressure) half way between the upper and lower sides of the transparent part.

The part shall not suffer any permanent deformation as a result of such mechanical stresses.

| 19. | For the test of the resistance of the components to atmospheric agents, lanterns with non-metallic components exposed to the elements shall be placed in a climatic chamber, for 12 consecutive hours alternately in an atmosphere of 45 °C and 95 % relative humidity and an atmosphere of – 20 °C, and operated intermittently under on-board conditions, so that they are exposed to hot-humid and cold cycles and to changes from low to high temperatures for periods corresponding to their operating times.
  The total duration of this test shall be at least 720 hours. The test shall not affect the operational capacity of the non-metallic parts of the lantern. |
| --- | --- |

19.

For the test of the resistance of the components to atmospheric agents, lanterns with non-metallic components exposed to the elements shall be placed in a climatic chamber, for 12 consecutive hours alternately in an atmosphere of 45 °C and 95 % relative humidity and an atmosphere of – 20 °C, and operated intermittently under on-board conditions, so that they are exposed to hot-humid and cold cycles and to changes from low to high temperatures for periods corresponding to their operating times.

The total duration of this test shall be at least 720 hours. The test shall not affect the operational capacity of the non-metallic parts of the lantern.

| 20. | The parts of lanterns within easy reach shall not, in an ambient temperature of + 45 °C, reach temperatures higher than + 70 °C when they are made of metal or + 85 °C if they are not made of metal. |
| --- | --- |

20.

The parts of lanterns within easy reach shall not, in an ambient temperature of + 45 °C, reach temperatures higher than + 70 °C when they are made of metal or + 85 °C if they are not made of metal.

| 21. | Lanterns shall be designed and manufactured according to accepted standards and comply, in particular, with IEC publication 598, part 1, ‘Ships, lights — General specifications and tests’. The requirements of the following sections shall be met:






  — | Protection of connections (No 7.2), |
| --- | --- | --- |

21.

Lanterns shall be designed and manufactured according to accepted standards and comply, in particular, with IEC publication 598, part 1, ‘Ships, lights — General specifications and tests’. The requirements of the following sections shall be met:

—

Protection of connections (No 7.2),

| — | Protection against electric shocks (No 8.2), |
| --- | --- |

—

Protection against electric shocks (No 8.2),

| — | Insulation resistance and voltage stability (No 10.2 and No 10.3), |
| --- | --- |

—

Insulation resistance and voltage stability (No 10.2 and No 10.3),

| — | Ground and overhead lines (No 11.2), |
| --- | --- |

—

Ground and overhead lines (No 11.2),

| — | Durability and heating (No 12.1, Tables X, XI and XII), |
| --- | --- |

—

Durability and heating (No 12.1, Tables X, XI and XII),

| — | Resistance to heat, fire and to stray currents (No 13.2, No 13.3 and No 13.4), |
| --- | --- |

—

Resistance to heat, fire and to stray currents (No 13.2, No 13.3 and No 13.4),

| — | Threaded connections (No 14.2, No 14.3 and No 14.4). |
| --- | --- |

—

Threaded connections (No 14.2, No 14.3 and No 14.4).

| 22. | Electric wiring shall normally have a cross-section of not less than 1,5 mm2. The wire used for the connection shall be at least of type HO 7 RN-F or equivalent. |
| --- | --- |

22.

Electric wiring shall normally have a cross-section of not less than 1,5 mm2. The wire used for the connection shall be at least of type HO 7 RN-F or equivalent.

2

| 23. | The type of lantern protection for explosion danger zones shall be established and certified for the purpose by the competent testing authorities. |
| --- | --- |

23.

The type of lantern protection for explosion danger zones shall be established and certified for the purpose by the competent testing authorities.

| 24. | The method of manufacture of the lanterns shall make provision for:






  (1) | Ease of cleaning, including inside the lantern, and ease of changing the light source, even in darkness, |
| --- | --- | --- |

24.

The method of manufacture of the lanterns shall make provision for:

(1)

Ease of cleaning, including inside the lantern, and ease of changing the light source, even in darkness,

| (2) | Prevention of the accumulation of condensation, |
| --- | --- |

(2)

Prevention of the accumulation of condensation,

| (3) | Use of durable elastic fittings only to ensure that demountable parts are leakproof, |
| --- | --- |

(3)

Use of durable elastic fittings only to ensure that demountable parts are leakproof,

| (4) | Ensuring that no light of any colour other than that provided for can escape from the lantern. |
| --- | --- |

(4)

Ensuring that no light of any colour other than that provided for can escape from the lantern.

| 25. | All lanterns to be installed shall be accompanied by positioning and installation instructions indicating where the light is to be mounted, and the purpose and the type of interchangeable parts. It shall be possible to position movable lanterns easily and safely. |
| --- | --- |

25.

All lanterns to be installed shall be accompanied by positioning and installation instructions indicating where the light is to be mounted, and the purpose and the type of interchangeable parts. It shall be possible to position movable lanterns easily and safely.

| 26. | The required mounts shall be such that, in its intended position, the horizontal plane of symmetry of the lantern is parallel to the water line of the vessel. |
| --- | --- |

26.

The required mounts shall be such that, in its intended position, the horizontal plane of symmetry of the lantern is parallel to the water line of the vessel.

| 27. | The following marks shall be placed clearly and durably on each lantern, at a point remaining visible after installation on board:






  (1) | The rated power of the source, in so far as different rated powers may give different ranges, |
| --- | --- | --- |

27.

The following marks shall be placed clearly and durably on each lantern, at a point remaining visible after installation on board:

(1)

The rated power of the source, in so far as different rated powers may give different ranges,

| (2) | The type of lantern for sector lights, |
| --- | --- |

(2)

The type of lantern for sector lights,

| (3) | The zero-direction reference, on sector lights, using a mark immediately above or below the transparent section, |
| --- | --- |

(3)

The zero-direction reference, on sector lights, using a mark immediately above or below the transparent section,

| (4) | The type of light, e.g. ‘strong’, |
| --- | --- |

(4)

The type of light, e.g. ‘strong’,

| (5) | The trademark, |
| --- | --- |

(5)

The trademark,

| (6) | The place for the approval mark, for example .F.91.235. |
| --- | --- |

(6)

The place for the approval mark, for example .F.91.235.

Article 3.02

Filters and optical glasses

| 1. | Filters (optics and glasses) and optical glasses may be made of organic glass (synthetic glass) or inorganic glass (silicate glass).
  Filters and optical glasses of silicate glass shall be made of a glass at least of the class IV hydrolytic type referred to in ISO standard 719 guaranteeing durable resistance to water.
  Filters and optical glasses of synthetic glass shall have a durable resistance to water comparable with those made of silicate glass.
  Optical glasses shall be manufactured in glass with low internal stress. |
| --- | --- |

1.

Filters (optics and glasses) and optical glasses may be made of organic glass (synthetic glass) or inorganic glass (silicate glass).

Filters and optical glasses of silicate glass shall be made of a glass at least of the class IV hydrolytic type referred to in ISO standard 719 guaranteeing durable resistance to water.

Filters and optical glasses of synthetic glass shall have a durable resistance to water comparable with those made of silicate glass.

Optical glasses shall be manufactured in glass with low internal stress.

| 2. | Filters and optical glasses shall as far as possible be free of blisters, bubbles and impurities. There shall be no surface defects such as unpolished (matt) sections, deep scratches, etc. |
| --- | --- |

2.

Filters and optical glasses shall as far as possible be free of blisters, bubbles and impurities. There shall be no surface defects such as unpolished (matt) sections, deep scratches, etc.

| 3. | Filters and optical glasses shall meet the requirements of Article 3.01. Their photometric and colorimetric properties shall not be affected by those conditions. |
| --- | --- |

3.

Filters and optical glasses shall meet the requirements of Article 3.01. Their photometric and colorimetric properties shall not be affected by those conditions.

| 4. | The red and green optical glasses of the side lights shall not be interchangeable. |
| --- | --- |

4.

The red and green optical glasses of the side lights shall not be interchangeable.

| 5. | In addition to the manufacturer's mark, the approval number and the type description shall be legibly and durably marked on filters and optical glasses at a point remaining visible once they have been placed in the lanterns.
  These markings shall not result in values below the minimum photometric and colorimetric requirements. |
| --- | --- |

5.

In addition to the manufacturer's mark, the approval number and the type description shall be legibly and durably marked on filters and optical glasses at a point remaining visible once they have been placed in the lanterns.

These markings shall not result in values below the minimum photometric and colorimetric requirements.

Article 3.03

Electric light sources

| 1. | Only filament lamps manufactured for the purpose shall be used in signal lanterns. They shall be available in the standard voltages. Exceptions may be permitted in special cases. |
| --- | --- |

1.

Only filament lamps manufactured for the purpose shall be used in signal lanterns. They shall be available in the standard voltages. Exceptions may be permitted in special cases.

| 2. | It shall be possible to install filament lamps only in the intended position in signal lanterns. A maximum of two unequivocal positions shall be permitted in signal lanterns. Incorrect and intermediate positions shall not be possible. For the test, the less favourable position shall be selected. |
| --- | --- |

2.

It shall be possible to install filament lamps only in the intended position in signal lanterns. A maximum of two unequivocal positions shall be permitted in signal lanterns. Incorrect and intermediate positions shall not be possible. For the test, the less favourable position shall be selected.

| 3. | Filament lamps shall have no special features which adversely affect their efficiency, such as scratches or stains on the bulk or faulty positioning of the filament. |
| --- | --- |

3.

Filament lamps shall have no special features which adversely affect their efficiency, such as scratches or stains on the bulk or faulty positioning of the filament.

| 4. | The operating colour temperature of filament lamps shall not be less than 2 360 K. |
| --- | --- |

4.

The operating colour temperature of filament lamps shall not be less than 2 360 K.

| 5. | The mountings and lamp holders used shall meet the special requirements of the optical system and withstand the mechanical stresses of on-board operations. |
| --- | --- |

5.

The mountings and lamp holders used shall meet the special requirements of the optical system and withstand the mechanical stresses of on-board operations.

| 6. | The cap of the filament lamp shall be strong and solidly attached to the bulk so that after operating for 100 hours at an excess voltage of 10 % it withstands uniform rotation with a moment of 25 kgcm. |
| --- | --- |

6.

The cap of the filament lamp shall be strong and solidly attached to the bulk so that after operating for 100 hours at an excess voltage of 10 % it withstands uniform rotation with a moment of 25 kgcm.

| 7. | The trademark, the rated voltage and the power rating and/or the rated luminous intensity as well as the approval number shall be marked legibly and durably on the bulk or on the cap of filament lamps. |
| --- | --- |

7.

The trademark, the rated voltage and the power rating and/or the rated luminous intensity as well as the approval number shall be marked legibly and durably on the bulk or on the cap of filament lamps.

| 8. | Filament lamps shall meet the following tolerances:






  (a) | Filament lamps for the rated voltages of 230 V, 115 V, 110 V and 24 V













  Rated voltage
  V | Rated output
  W | Max. power noted (4)

  W | Rated life
  h | Test values measured (4) | Body of lantern mm |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Horizontal luminous intensity (5)

  cd | Colour temperature
  K | b
  mm | l
  mm |
| 24 | 40 | 43 | | 45 | 2 360 | | |
| 110 or 115 | 60 | 69 | 1 000 | to | to | | |
| 230 | 65 | 69 | | 65 | 2 856 | | |

8.

Filament lamps shall meet the following tolerances:

(a)

Filament lamps for the rated voltages of 230 V, 115 V, 110 V and 24 V

Rated voltage

V

Rated output

W

Max. power noted (4)

4

W

Rated life

h

Test values measured (4)

4

Body of lantern mm

Horizontal luminous intensity (5)

5

cd

Colour temperature

K

b

mm

l

mm

24

40

43

45

2 360

Formula

Formula

110 or 115

60

69

1 000

to

to

Formula

Formula

230

65

69

65

2 856

Formula

Formula

| (b) | Filament lamps for the rated voltages 24 V and 12 V












  Rated voltage
  V | Rated output
  W | Max. power noted (6)

  W | Rated life
  h | Test values measured (6) | Body of lantern
  l mm |
| --- | --- | --- | --- | --- | --- | --- |
| Horizontal luminous intensity (7)

  cd | Colour temperature
  K |
| 12 | | | 1 000 | 12
  to
  20 | 2 360
  to
  2 856 | 9 to 13
  9 to 17 |
| | 10 | 18 |
| 24 | | |
| 12 | | | 30
  to
  48 | 9 to 13 |
| | 25 | 26,5 |
| 24 | | |

(b)

Filament lamps for the rated voltages 24 V and 12 V

Rated voltage

V

Rated output

W

Max. power noted (6)

6

W

Rated life

h

Test values measured (6)

6

Body of lantern

l mm

Horizontal luminous intensity (7)

7

cd

Colour temperature

K

12

1 000

12

to

20

2 360

to

2 856

9 to 13

9 to 17

10

18

24

12

30

to

48

9 to 13

25

26,5

24

| (c) | The filament lamps shall be marked on the cap with an indication of the corresponding sizes. If these marks are on the bulb, the operation of the lamp shall not be affected. |
| --- | --- |

(c)

The filament lamps shall be marked on the cap with an indication of the corresponding sizes. If these marks are on the bulb, the operation of the lamp shall not be affected.

| (d) | If discharge lamps are used instead of filament lamps, the same requirements as for filament lamps shall be applicable. |
| --- | --- |

(d)

If discharge lamps are used instead of filament lamps, the same requirements as for filament lamps shall be applicable.

Chapter 4

Test and approval procedure

Article 4.01

General rules of procedure

Part I shall be applicable for the test and approval procedure.

Article 4.02

Application

| 1. | The following data and documents as well as samples of the lanterns and of their accessories, if any, shall be attached to the application for approval submitted by the manufacturer or his authorised representative:






  (a) | The type of light (e.g. ‘strong’); |
| --- | --- | --- |

1.

The following data and documents as well as samples of the lanterns and of their accessories, if any, shall be attached to the application for approval submitted by the manufacturer or his authorised representative:

(a)

The type of light (e.g. ‘strong’);

| (b) | The trade name and the description of the lantern type, its light source and accessories if any; |
| --- | --- |

(b)

The trade name and the description of the lantern type, its light source and accessories if any;

| (c) | For electric signal lanterns, the on-board voltage supply required by the lanterns depending on their purpose; |
| --- | --- |

(c)

For electric signal lanterns, the on-board voltage supply required by the lanterns depending on their purpose;

| (d) | Specifications of all characteristics and capacities; |
| --- | --- |

(d)

Specifications of all characteristics and capacities;

| (e) | A brief technical description indicating the materials of which the sample lantern is made and a wiring diagram with a brief technical description if accessories of the lantern likely to influence operation are included; |
| --- | --- |

(e)

A brief technical description indicating the materials of which the sample lantern is made and a wiring diagram with a brief technical description if accessories of the lantern likely to influence operation are included;

| (f) | For sample lanterns and, where relevant, their accessories, two copies of:






  (i) | Adjustment or mounting instructions with data concerning the light source and the mounting or holding device; |
| --- | --- | --- |

(f)

For sample lanterns and, where relevant, their accessories, two copies of:

(i)

Adjustment or mounting instructions with data concerning the light source and the mounting or holding device;

| (ii) | Sketch with dimensions and type names and descriptions needed to identify the test sample and lanterns installed on board and their accessories, if any; |
| --- | --- |

(ii)

Sketch with dimensions and type names and descriptions needed to identify the test sample and lanterns installed on board and their accessories, if any;

| (iii) | Other documents such as drawings, lists of parts, wiring diagrams, operating instructions and photographs which concern or may concern all the important details referred to in Chapters 1 to 3 of these test and approval conditions, in so far as they are necessary for verifying the conformity of the lanterns to be manufactured with the test sample. The following data and drawings are particularly relevant:






  — | A longitudinal section showing the details of the structure of the filter and the profile of the light source (filament lamp), as well as the positioning and the mount; |
| --- | --- | --- |

(iii)

Other documents such as drawings, lists of parts, wiring diagrams, operating instructions and photographs which concern or may concern all the important details referred to in Chapters 1 to 3 of these test and approval conditions, in so far as they are necessary for verifying the conformity of the lanterns to be manufactured with the test sample. The following data and drawings are particularly relevant:

—

A longitudinal section showing the details of the structure of the filter and the profile of the light source (filament lamp), as well as the positioning and the mount;

| — | A cross-section of the lantern halfway up the filter showing details of the layout of the light source, filter, the optical glass, if any, and the horizontal dispersion angle for sector lights; |
| --- | --- |

—

A cross-section of the lantern halfway up the filter showing details of the layout of the light source, filter, the optical glass, if any, and the horizontal dispersion angle for sector lights;

| — | A view from the rear for sector lights, with details of the holder or mount; |
| --- | --- |

—

A view from the rear for sector lights, with details of the holder or mount;

| — | A view of circular lights with details of the holder or mount. |
| --- | --- |

—

A view of circular lights with details of the holder or mount.

| (iv) | Data concerning dimensional tolerances in mass produced light sources, filters, optical glasses, mounting or holding devices and of the light source placed in the lantern in relation to the filter; |
| --- | --- |

(iv)

Data concerning dimensional tolerances in mass produced light sources, filters, optical glasses, mounting or holding devices and of the light source placed in the lantern in relation to the filter;

| (v) | Data concerning the horizontal luminous intensity of mass-produced sources at the rated voltage; |
| --- | --- |

(v)

Data concerning the horizontal luminous intensity of mass-produced sources at the rated voltage;

| (vi) | Data concerning mass-production tolerances for coloured glasses with regard to the colour and transparency of a standard illuminant A (2 856 K) or the type of light from the intended light source. |
| --- | --- |

(vi)

Data concerning mass-production tolerances for coloured glasses with regard to the colour and transparency of a standard illuminant A (2 856 K) or the type of light from the intended light source.

| 2. | Two samples ready for use shall be supplied with the application, each with ten light sources of each rated voltage and, where relevant, five coloured filters of each signal colour, together with the mounting or positioning device.
  The specific additional accessories required for the approval tests shall also be made available on request. |
| --- | --- |

2.

Two samples ready for use shall be supplied with the application, each with ten light sources of each rated voltage and, where relevant, five coloured filters of each signal colour, together with the mounting or positioning device.

The specific additional accessories required for the approval tests shall also be made available on request.

| 3. | The sample shall correspond in all respects to the production models envisaged. It shall be fitted with all the accessories required for mounting and positioning it in the normal operating position in which it is to be used on board in accordance with its purpose. Some accessories may be omitted if the competent testing authority agrees. |
| --- | --- |

3.

The sample shall correspond in all respects to the production models envisaged. It shall be fitted with all the accessories required for mounting and positioning it in the normal operating position in which it is to be used on board in accordance with its purpose. Some accessories may be omitted if the competent testing authority agrees.

| 4. | Additional samples, documents and data shall be supplied on request. |
| --- | --- |

4.

Additional samples, documents and data shall be supplied on request.

| 5. | The documents shall be submitted in the language of the country of the testing and approval authority. |
| --- | --- |

5.

The documents shall be submitted in the language of the country of the testing and approval authority.

| 6. | If an application for approval is submitted for an additional device, paragraphs 1 to 5 shall apply mutatis mutandis, on the understanding that the additional parts may be approved only in combination with the approved lanterns. |
| --- | --- |

6.

If an application for approval is submitted for an additional device, paragraphs 1 to 5 shall apply mutatis mutandis, on the understanding that the additional parts may be approved only in combination with the approved lanterns.

| 7. | Sector lights shall in principle be submitted as a complete set. |
| --- | --- |

7.

Sector lights shall in principle be submitted as a complete set.

Article 4.03

Test

| 1. | For tests on a new or amended version of an approved lantern or accessory, it shall be ascertained whether the sample meets the requirements of these test and approval conditions and corresponds to the documents referred to in Article 4.02(1)(f). |
| --- | --- |

1.

For tests on a new or amended version of an approved lantern or accessory, it shall be ascertained whether the sample meets the requirements of these test and approval conditions and corresponds to the documents referred to in Article 4.02(1)(f).

| 2. | The approval test shall be based on the conditions occurring on board the vessels. The test shall cover all light sources, optical glasses and accessories which must be provided and which are intended for the signal lanterns. |
| --- | --- |

2.

The approval test shall be based on the conditions occurring on board the vessels. The test shall cover all light sources, optical glasses and accessories which must be provided and which are intended for the signal lanterns.

| 3. | The photometric and colorimetric test shall be carried out at the rated voltage.
  The evaluation of the lantern shall take into account the horizontal operating luminous intensity IB and the operating colour temperature. |
| --- | --- |

3.

The photometric and colorimetric test shall be carried out at the rated voltage.

The evaluation of the lantern shall take into account the horizontal operating luminous intensity IB and the operating colour temperature.

B

| 4. | Parts or accessories shall be tested only with the type of lantern for which they are intended. |
| --- | --- |

4.

Parts or accessories shall be tested only with the type of lantern for which they are intended.

| 5. | Tests done by other competent authorities may be accepted as proof of conformity with the requirements of Chapter 3, provided that they have been confirmed as equivalent to the tests set out in the Appendix. |
| --- | --- |

5.

Tests done by other competent authorities may be accepted as proof of conformity with the requirements of Chapter 3, provided that they have been confirmed as equivalent to the tests set out in the Appendix.

Article 4.04

Approval

| 1. | Approval of signal lanterns shall be based on Articles 4.01 to 4.05 of Part I. |
| --- | --- |

1.

Approval of signal lanterns shall be based on Articles 4.01 to 4.05 of Part I.

| 2. | For lanterns and accessories which are or will be mass-produced, the approval may be issued to the applicant following a test at the applicant's expense if the applicant guarantees that proper use will be made of the rights resulting from the approval. |
| --- | --- |

2.

For lanterns and accessories which are or will be mass-produced, the approval may be issued to the applicant following a test at the applicant's expense if the applicant guarantees that proper use will be made of the rights resulting from the approval.

| 3. | In the event of approval, the approval certificate referred to in Article 4.03 of Part I shall be issued for the corresponding lantern type and an approval marking in accordance with Article 4.05 of Part I shall be allocated.
  The approval marking and the serial number shall be legibly and durably affixed to each lantern manufactured in accordance with the sample, at a point which remains fully visible after installation on board. Original markings and type descriptions shall be clearly legible and shall be indelibly affixed. Marks liable to be confused with approval markings shall not be affixed to lanterns. |
| --- | --- |

3.

In the event of approval, the approval certificate referred to in Article 4.03 of Part I shall be issued for the corresponding lantern type and an approval marking in accordance with Article 4.05 of Part I shall be allocated.

The approval marking and the serial number shall be legibly and durably affixed to each lantern manufactured in accordance with the sample, at a point which remains fully visible after installation on board. Original markings and type descriptions shall be clearly legible and shall be indelibly affixed. Marks liable to be confused with approval markings shall not be affixed to lanterns.

| 4. | Approval may be granted for a limited period and subject to conditions. |
| --- | --- |

4.

Approval may be granted for a limited period and subject to conditions.

| 5. | Modifications of an approved lantern and additions to approved lanterns shall be subject to the agreement of the testing authority. |
| --- | --- |

5.

Modifications of an approved lantern and additions to approved lanterns shall be subject to the agreement of the testing authority.

| 6. | If approval of a lantern is withdrawn, the applicant shall be informed directly. |
| --- | --- |

6.

If approval of a lantern is withdrawn, the applicant shall be informed directly.

| 7. | One sample of each type of lantern approved shall be left with the testing authority which approved it. |
| --- | --- |

7.

One sample of each type of lantern approved shall be left with the testing authority which approved it.

Article 4.05

Cessation of validity of the approval

| 1. | The approval shall cease to be valid on the expiry of the prescribed period, or if it is revoked or withdrawn. |
| --- | --- |

1.

The approval shall cease to be valid on the expiry of the prescribed period, or if it is revoked or withdrawn.

| 2. | The approval may be revoked if:






  — | subsequently and conclusively, the conditions for its issue no longer exist, |
| --- | --- | --- |

2.

The approval may be revoked if:

—

subsequently and conclusively, the conditions for its issue no longer exist,

| — | the test and approval conditions are no longer met, |
| --- | --- |

—

the test and approval conditions are no longer met,

| — | a lantern does not correspond to the approved sample, |
| --- | --- |

—

a lantern does not correspond to the approved sample,

| — | the conditions imposed are not complied with, or |
| --- | --- |

—

the conditions imposed are not complied with, or

| — | the holder of the approval proves unreliable. |
| --- | --- |

—

the holder of the approval proves unreliable.

It shall be withdrawn if the conditions laid down when it was issued have not been met.

| 3. | If manufacture of an approved signal lantern type is discontinued, the testing authority which issued the approval shall be informed immediately. |
| --- | --- |

3.

If manufacture of an approved signal lantern type is discontinued, the testing authority which issued the approval shall be informed immediately.

| 4. | Withdrawal or revocation of approval shall mean that use of the approval number allocated is prohibited. |
| --- | --- |

4.

Withdrawal or revocation of approval shall mean that use of the approval number allocated is prohibited.

| 5. | Once the approval ceases to be valid the certificate shall be submitted for annulment to the testing authority which issued it. |
| --- | --- |

5.

Once the approval ceases to be valid the certificate shall be submitted for annulment to the testing authority which issued it.

Appendix

Environment tests

1.   Test concerning protection against splashing water and dust

| 1.1. | The type of lantern protection shall be guaranteed in accordance with classification IP 55 of the IEC publication — Part 598-1.
  The test concerning protection of the sample against splashing water and against dust, and the evaluation of the results, shall be carried out in conformity with IEC publication 529, classification IP 55.
  The first ‘5’ stands for protection against dust. This means: full dust-proof protection of live components and protection against harmful deposits of dust.
  The penetration of dust is not completely prevented.
  The second ‘5’ stands for protection against splashing water. This means that a water jet aimed at the lantern from all directions shall have no damaging effect. |
| --- | --- |

1.1.

The type of lantern protection shall be guaranteed in accordance with classification IP 55 of the IEC publication — Part 598-1.

The test concerning protection of the sample against splashing water and against dust, and the evaluation of the results, shall be carried out in conformity with IEC publication 529, classification IP 55.

The first ‘5’ stands for protection against dust. This means: full dust-proof protection of live components and protection against harmful deposits of dust.

The penetration of dust is not completely prevented.

The second ‘5’ stands for protection against splashing water. This means that a water jet aimed at the lantern from all directions shall have no damaging effect.

| 1.2. | The protection of the sample against water is evaluated as follows: the protection is considered to be adequate if any water which has entered has no detrimental effect on operation of the sample.
  No water deposits shall have formed on the insulating materials, if this means that minimum vanishing point values could not be achieved. Live components shall not be wetted and shall not be affected by any water accumulating inside the lantern. |
| --- | --- |

1.2.

The protection of the sample against water is evaluated as follows: the protection is considered to be adequate if any water which has entered has no detrimental effect on operation of the sample.

No water deposits shall have formed on the insulating materials, if this means that minimum vanishing point values could not be achieved. Live components shall not be wetted and shall not be affected by any water accumulating inside the lantern.

2.   Humid atmosphere test

2.1.   Purpose and application

This test is to determine the action of humid heat and of humidity during a change of temperature, as described in Article 3.01(10)(b), during operation or during transport or storage, on nautical installations, appliances and instruments, given that they could experience surface humidity from condensation.

This condensation is similar in the case of non-enclosed components to the action of a dust deposit or of a hygroscopic salt film forming during operation.

The following specification is based on IEC publication 68, Part 2-30 in conjunction with Article 3.01(10)(a) and (b). Additional information can be found in the publication.

Components and groups of components submitted non-enclosed for approval as type models shall be tested in that non-enclosed state or, if this is not possible given the nature of the components, by providing them with the minimum protection devices which the applicant considers necessary for use on board.

2.2.   Execution

| (1) | The test is conducted in a test chamber in which, if necessary by means of an air circulation device, the temperature and level of humidity are practically the same at all points. The movement of the air shall not noticeably cool the sample being tested, but should be sufficient to ensure that the prescribed values for air temperature and humidity are maintained in its immediate vicinity.
  Condensate shall be continuously evacuated from the test chamber. No condensate shall drip on to the sample. Condensate may only be reused for humidification following reprocessing, in particular once chemicals from the sample have been eliminated. |
| --- | --- |

(1)

The test is conducted in a test chamber in which, if necessary by means of an air circulation device, the temperature and level of humidity are practically the same at all points. The movement of the air shall not noticeably cool the sample being tested, but should be sufficient to ensure that the prescribed values for air temperature and humidity are maintained in its immediate vicinity.

Condensate shall be continuously evacuated from the test chamber. No condensate shall drip on to the sample. Condensate may only be reused for humidification following reprocessing, in particular once chemicals from the sample have been eliminated.

| (2) | The sample shall not be exposed to heat radiation from the heating of the chamber. |
| --- | --- |

(2)

The sample shall not be exposed to heat radiation from the heating of the chamber.

| (3) | The sample shall have been out of service immediately prior to the test long enough for all its parts to be at ambient temperature. |
| --- | --- |

(3)

The sample shall have been out of service immediately prior to the test long enough for all its parts to be at ambient temperature.

| (4) | The sample is placed in a test chamber at an ambient temperature of + 25 ± 10 °C corresponding to its normal use on board. |
| --- | --- |

(4)

The sample is placed in a test chamber at an ambient temperature of + 25 ± 10 °C corresponding to its normal use on board.

| (5) | The chamber is closed. The air temperature is set at – 25 ± 3 °C and the relative humidity at 45 % to 75 % and those conditions are maintained until the sample has reached the same temperature. |
| --- | --- |

(5)

The chamber is closed. The air temperature is set at – 25 ± 3 °C and the relative humidity at 45 % to 75 % and those conditions are maintained until the sample has reached the same temperature.

| (6) | The relative humidity of the air is raised to not less than 95 % in a maximum time of one hour, the air temperature remaining unchanged. This increase may take place during the last hour of temperature conditioning of the sample. |
| --- | --- |

(6)

The relative humidity of the air is raised to not less than 95 % in a maximum time of one hour, the air temperature remaining unchanged. This increase may take place during the last hour of temperature conditioning of the sample.

| (7) | The air temperature in the chamber is increased progressively to + 40 ± 2 °C over a period of 3 h ± 0,5 h. As the temperature rises, the relative humidity of the air is maintained at not less than 95 %, and at not less than 90 % during the last 15 minutes. During this temperature rise, the sample becomes damp. |
| --- | --- |

(7)

The air temperature in the chamber is increased progressively to + 40 ± 2 °C over a period of 3 h ± 0,5 h. As the temperature rises, the relative humidity of the air is maintained at not less than 95 %, and at not less than 90 % during the last 15 minutes. During this temperature rise, the sample becomes damp.

| (8) | The air temperature is maintained at + 40 ± 2 °C for a time period of 12 h ± 0,5 h measured from the start of phase (7), with a relative air humidity of 93 % ± 3 %. During the first 15 and the last 15 minutes of the period during which the temperature is + 40 ± 2 °C, relative air humidity may be between 90 % and 100 %. |
| --- | --- |

(8)

The air temperature is maintained at + 40 ± 2 °C for a time period of 12 h ± 0,5 h measured from the start of phase (7), with a relative air humidity of 93 % ± 3 %. During the first 15 and the last 15 minutes of the period during which the temperature is + 40 ± 2 °C, relative air humidity may be between 90 % and 100 %.

| (9) | The air temperature is reduced to + 25 ± 3 °C over a period of three to six hours. The relative humidity of the air must be constantly maintained at over 80 %. |
| --- | --- |

(9)

The air temperature is reduced to + 25 ± 3 °C over a period of three to six hours. The relative humidity of the air must be constantly maintained at over 80 %.

| (10) | The air temperature is maintained at + 25 ± 3 °C for a period of 24 hours from the start of phase (7), relative air humidity remaining constantly above 95 %. |
| --- | --- |

(10)

The air temperature is maintained at + 25 ± 3 °C for a period of 24 hours from the start of phase (7), relative air humidity remaining constantly above 95 %.

| (11) | Phase (7) is repeated. |
| --- | --- |

(11)

Phase (7) is repeated.

| (12) | Phase (8) is repeated. |
| --- | --- |

(12)

Phase (8) is repeated.

| (13) | Not earlier than 10 hours after the start of phase (12) the air conditioning equipment of the sample is switched on. When the climatic data indicated by the manufacturer for the sample have been obtained, the sample is put into operation in accordance with the manufacturer's instructions and at the rated voltage of the on-board network, with a tolerance of ± 3 %. |
| --- | --- |

(13)

Not earlier than 10 hours after the start of phase (12) the air conditioning equipment of the sample is switched on. When the climatic data indicated by the manufacturer for the sample have been obtained, the sample is put into operation in accordance with the manufacturer's instructions and at the rated voltage of the on-board network, with a tolerance of ± 3 %.

| (14) | After the time necessary to achieve normal operation in accordance with the manufacturer's instructions has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted. If the chamber needs to be opened for this purpose, it shall be reclosed as quickly as possible.
  If more than 30 minutes are required to reach normal operation, this phase shall be extended sufficiently so that, once the operating state has been reached, at least 30 minutes are available to monitor the functions and measure the operating data. |
| --- | --- |

(14)

After the time necessary to achieve normal operation in accordance with the manufacturer's instructions has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted. If the chamber needs to be opened for this purpose, it shall be reclosed as quickly as possible.

If more than 30 minutes are required to reach normal operation, this phase shall be extended sufficiently so that, once the operating state has been reached, at least 30 minutes are available to monitor the functions and measure the operating data.

| (15) | Within a period of 1 to 3 hours, with the sample again in service, the air temperature is lowered to ambient temperature, with a tolerance of ± 3 °C, and the relative humidity of the air to under 75 %. |
| --- | --- |

(15)

Within a period of 1 to 3 hours, with the sample again in service, the air temperature is lowered to ambient temperature, with a tolerance of ± 3 °C, and the relative humidity of the air to under 75 %.

| (16) | The chamber is opened and the sample exposed to the normal temperature and humidity of the ambient air. |
| --- | --- |

(16)

The chamber is opened and the sample exposed to the normal temperature and humidity of the ambient air.

| (17) | After 3 hours, and when all humidity visible on the sample has evaporated, the functions of the sample are monitored again, and operating data of importance for use on board recorded and noted. |
| --- | --- |

(17)

After 3 hours, and when all humidity visible on the sample has evaporated, the functions of the sample are monitored again, and operating data of importance for use on board recorded and noted.

| (18) | The sample is subjected to a visual inspection. The body of the lantern is opened and the interior examined for any effects of the climatic test and for residual condensate. |
| --- | --- |

(18)

The sample is subjected to a visual inspection. The body of the lantern is opened and the interior examined for any effects of the climatic test and for residual condensate.

2.3.   Results to be obtained

| 2.3.1. | The sample shall function normally under the conditions stipulated in phases (12) to (18). No deterioration shall be observed. |
| --- | --- |

2.3.1.

The sample shall function normally under the conditions stipulated in phases (12) to (18). No deterioration shall be observed.

| 2.3.2. | The operating data for phases (12) and (18) shall be within the tolerances permitted for the sample on the basis of these test and approval conditions. |
| --- | --- |

2.3.2.

The operating data for phases (12) and (18) shall be within the tolerances permitted for the sample on the basis of these test and approval conditions.

| 2.3.3. | There shall be no corrosion or no residual condensate inside the lantern which, as a result of the long-term action of high atmospheric humidity, might cause it to malfunction. |
| --- | --- |

2.3.3.

There shall be no corrosion or no residual condensate inside the lantern which, as a result of the long-term action of high atmospheric humidity, might cause it to malfunction.

3.   Cold test

3.1.   Purpose

This test is to determine the action of cold during operation or during transport and storage, in accordance with Article 3.01(8) and (10). Additional information may be found in IEC publication 68, Part 3-1.

3.2.   Execution

| (1) | The test is carried out in a test chamber in which, if necessary by means of an air circulation device, the temperature is practically the same at all points. The air humidity must be low enough to ensure that the sample is not wetted by condensation during any of the phases. |
| --- | --- |

(1)

The test is carried out in a test chamber in which, if necessary by means of an air circulation device, the temperature is practically the same at all points. The air humidity must be low enough to ensure that the sample is not wetted by condensation during any of the phases.

| (2) | The sample is placed in a test chamber at an ambient temperature of + 25 ± 10 °C corresponding to its normal use on board. |
| --- | --- |

(2)

The sample is placed in a test chamber at an ambient temperature of + 25 ± 10 °C corresponding to its normal use on board.

| (3) | The temperature in the chamber is lowered to – 25 ± 3 °C at a rate of not more than 45 °C/h. |
| --- | --- |

(3)

The temperature in the chamber is lowered to – 25 ± 3 °C at a rate of not more than 45 °C/h.

| (4) | The temperature in the chamber is maintained at – 25 ± 3 °C until the sample has reached temperature equilibrium, plus at least a further 2 hours. |
| --- | --- |

(4)

The temperature in the chamber is maintained at – 25 ± 3 °C until the sample has reached temperature equilibrium, plus at least a further 2 hours.

| (5) | The temperature in the chamber is raised to 0 ± 2 °C at a rate of not more than 45 °C/h. |
| --- | --- |

(5)

The temperature in the chamber is raised to 0 ± 2 °C at a rate of not more than 45 °C/h.

For all samples referred to in Article 3.01(10)(a), the following also applies:

| (6) | During the last hour of phase (4) in climate class X, the sample is put into operation in accordance with the manufacturer's instructions, at the rated voltage of the on-board network, with a tolerance of ± 3 %. The heat sources contained in the sample must be in operation.
  After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted. |
| --- | --- |

(6)

During the last hour of phase (4) in climate class X, the sample is put into operation in accordance with the manufacturer's instructions, at the rated voltage of the on-board network, with a tolerance of ± 3 %. The heat sources contained in the sample must be in operation.

After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted.

| (7) | The temperature in the chamber is raised to ambient temperature at a rate of not more than 45 °C/h. |
| --- | --- |

(7)

The temperature in the chamber is raised to ambient temperature at a rate of not more than 45 °C/h.

| (8) | Once the sample has reached temperature equilibrium, the chamber is opened. |
| --- | --- |

(8)

Once the sample has reached temperature equilibrium, the chamber is opened.

| (9) | The functions of the sample are checked again and the operating data of importance for use on board recorded and noted. |
| --- | --- |

(9)

The functions of the sample are checked again and the operating data of importance for use on board recorded and noted.

3.3.   Results to be obtained

The sample shall function normally under the conditions stipulated in phases (7), (8) and (9). No deterioration shall be observed.

The operating data for phases (7) and (9) shall be within the tolerances permitted for the sample on the basis of these test and approval conditions.

4.   Heat test

4.1.   Purpose and application

This test is to determine the action of heat during operation, transport and storage, in accordance with Article 3.01(8)(a) and (10)(a). The following specification is based on IEC publication 68, Part 2-2 in conjunction with Article 3.01(10)(a). Additional information can be found in the IEC publication.

| | Normal | Extreme |
| --- | --- | --- |
| Environment tests |
| Climate classes X and S | + 55 °C | + 70 °C |
| Permissible tolerance ± 2 °C |

Normal

Extreme

Environment tests

Climate classes X and S

- 55 °C

- 70 °C

Permissible tolerance ± 2 °C

The test under extreme ambient conditions shall, in principle, be performed first. If the operating data are within the tolerances applicable under normal ambient conditions, the normal ambient test may be dispensed with.

4.2.   Execution

| (1) | The test is conducted in a test chamber in which, if necessary by means of an air circulation device, the temperature is practically the same at all points. The movement of the air shall not noticeably cool the sample being tested. The sample shall not be exposed to heat radiation from the heating of the chamber. The air humidity must be low enough to ensure that the sample is not wetted by condensation during any of the phases. |
| --- | --- |

(1)

The test is conducted in a test chamber in which, if necessary by means of an air circulation device, the temperature is practically the same at all points. The movement of the air shall not noticeably cool the sample being tested. The sample shall not be exposed to heat radiation from the heating of the chamber. The air humidity must be low enough to ensure that the sample is not wetted by condensation during any of the phases.

| (2) | The sample is placed in a test chamber at a temperature of + 25 ± 10 °C corresponding to its normal use on board. The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.
  After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted. |
| --- | --- |

(2)

The sample is placed in a test chamber at a temperature of + 25 ± 10 °C corresponding to its normal use on board. The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.

After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted.

| (3) | The air temperature in the chamber is raised to the test temperature referred to in Article 3.01(10)(a) at a rate of not more than 45 °C/h. |
| --- | --- |

(3)

The air temperature in the chamber is raised to the test temperature referred to in Article 3.01(10)(a) at a rate of not more than 45 °C/h.

| (4) | The air temperature is maintained at the test temperature until the sample reaches temperature equilibrium plus a further two hours.
  During the last two hours, the functions are checked again and the operating data recorded and noted. |
| --- | --- |

(4)

The air temperature is maintained at the test temperature until the sample reaches temperature equilibrium plus a further two hours.

During the last two hours, the functions are checked again and the operating data recorded and noted.

| (5) | The temperature is lowered to ambient temperature over a period of not less than one hour. The chamber is then opened.
  After bringing the sample to ambient temperature, the functions are again checked and the operating data of importance for use on board recorded and noted. |
| --- | --- |

(5)

The temperature is lowered to ambient temperature over a period of not less than one hour. The chamber is then opened.

After bringing the sample to ambient temperature, the functions are again checked and the operating data of importance for use on board recorded and noted.

4.3.   Results to be obtained

The sample shall function normally under the conditions stipulated in all phases of the test. No deterioration shall be observed. The operating data for phases (2), (4) and (5) shall be within the tolerances permitted for the sample for normal ambient environment tests on the basis of these test and approval conditions.

5.   Vibration test

5.1.   Purpose and application

This test is to determine the functional and structural effects of the vibrations referred to in Article 3.01(10)(e). Structural effects concern the performance of the mechanical components, particularly vibrations by resonance and stress on materials leading to fatigue without necessarily producing direct effects on operation or changes in operating data.

The functional effects directly concern the operation and operating data of the sample. They may be linked to structural effects.

The following specification is based on IEC publication 68, Part 2-6 in conjunction with Article 3.01(10)(e). Values deviating from those in the abovementioned provisions are indicated by *. Additional information may be found in IEC publication 68, Part 2-6.

Test requirements:

The test shall be conducted with sinusoidal vibrations using the following frequencies with the amplitudes indicated:

| | Normal | Extreme |
| --- | --- | --- |
| Environment tests |
| Vibration class V: | | |
| Frequencies | 2 to 10 Hz | 2 to 13,2 Hz* |
| Amplitude | ± 1,6 mm | ± 1,6 mm |
| Frequencies | 10 to 100 Hz | 13,2 to 100 Hz* |
| Acceleration amplitude | ± 7 m/s2 | ± 11 m/s2 |

Normal

Extreme

Environment tests

Vibration class V:

Frequencies

2 to 10 Hz

2 to 13,2 Hz*

Amplitude

± 1,6 mm

± 1,6 mm

Frequencies

10 to 100 Hz

13,2 to 100 Hz*

Acceleration amplitude

± 7 m/s2

± 11 m/s2

The test under extreme ambient conditions shall, in principle, be performed first. If the operating data are within the tolerances applicable under normal ambient conditions, the normal ambient test may be dispensed with. Samples intended to be used with shock-absorbing devices shall be tested with those devices. If, in exceptional cases, it is not possible to test with the shock-absorbers intended for normal operation, the appliances shall be tested without shock-absorbers and the stress modified to take account of the action of the shock-absorber.

A test without shock-absorbers is also acceptable for the determination of characteristic frequencies.

The vibration test shall be conducted in three main directions perpendicular to each other. For samples which on account of their construction may be subject to special stresses from vibrations at an oblique angle to the main directions, the test shall also be performed in the directions of special sensitivity.

5.2.   Execution

| (1) | Test apparatus
  The test is conducted using a vibrating device known as a vibrating table, which enables the sample to be subjected to mechanical vibrations in accordance with the following conditions:






  — | The basic movement shall be sinusoidal and such that the mounting points of the sample basically move in phase and along parallel lines. |
| --- | --- | --- |

(1)

Test apparatus

The test is conducted using a vibrating device known as a vibrating table, which enables the sample to be subjected to mechanical vibrations in accordance with the following conditions:

—

The basic movement shall be sinusoidal and such that the mounting points of the sample basically move in phase and along parallel lines.

| — | The maximum amplitude of vibration of the lateral movement of any mounting point shall not exceed 25 % of the specified amplitude of the basic movement. |
| --- | --- |

—

The maximum amplitude of vibration of the lateral movement of any mounting point shall not exceed 25 % of the specified amplitude of the basic movement.

| — | The relative importance of the spurious vibration, expressed by the formula

  (in %)
  where a1 is the effective value of the acceleration produced by the frequency applied,
  and where atot is the effective value of the total acceleration, including a1, measured in the frequencies ≤ 5 000 Hz,
  shall not exceed 25 % at the mounting point taken as the point of reference for measurement of the acceleration. |
| --- | --- |

—

The relative importance of the spurious vibration, expressed by the formula

Formula(in %)

where a1 is the effective value of the acceleration produced by the frequency applied,

and where atot is the effective value of the total acceleration, including a1, measured in the frequencies ≤ 5 000 Hz,

shall not exceed 25 % at the mounting point taken as the point of reference for measurement of the acceleration.

| — | The vibration amplitude shall not differ from its theoretical value by more than:






  — | ± 15 % at the mounting point taken as the point of reference and |
| --- | --- | --- |

—

The vibration amplitude shall not differ from its theoretical value by more than:

—

± 15 % at the mounting point taken as the point of reference and

| — | ± 25 % at any other mounting point. |
| --- | --- |

—

± 25 % at any other mounting point.

In order to determine the characteristic frequencies, it must be possible to adjust the vibration amplitude in small steps between zero and the theoretical value.

| — | The vibration frequency shall not differ from its theoretical value by more than






  — | ± 0,05 Hz for frequencies up to 0,25 Hz, |
| --- | --- | --- |

—

The vibration frequency shall not differ from its theoretical value by more than

—

± 0,05 Hz for frequencies up to 0,25 Hz,

| — | ± 20 % for frequencies higher than 0,25 Hz and up to 5 Hz, |
| --- | --- |

—

± 20 % for frequencies higher than 0,25 Hz and up to 5 Hz,

| — | ± 1 Hz for frequencies higher than 5 Hz and up to 50 Hz, |
| --- | --- |

—

± 1 Hz for frequencies higher than 5 Hz and up to 50 Hz,

| — | ± 2 % for frequencies higher than 50 Hz, |
| --- | --- |

—

± 2 % for frequencies higher than 50 Hz,

In order to compare the characteristic frequencies, it must be possible to adjust them at the beginning and end of the vibration test to within:

| — | ± 0,05 Hz for frequencies up to 0,5 Hz, |
| --- | --- |

—

± 0,05 Hz for frequencies up to 0,5 Hz,

| — | ± 10 % ± 0,5 Hz for frequencies up to 5 Hz, |
| --- | --- |

—

± 10 % ± 0,5 Hz for frequencies up to 5 Hz,

| — | ± 0,5 Hz for frequencies higher than 5 Hz and up to 100 Hz, |
| --- | --- |

—

± 0,5 Hz for frequencies higher than 5 Hz and up to 100 Hz,

| — | ± 0,5 % for frequencies higher than 100 Hz. |
| --- | --- |

—

± 0,5 % for frequencies higher than 100 Hz.

In order to scan the frequencies, it should be possible for the vibration frequency to vary continuously and exponentially in both directions between the lower and upper limits of the frequency ranges indicated in section 5.1, with a scanning speed of 1 octave/minute ± 10 %.

In order to determine the characteristic frequencies, it must be possible to slow the speed of variation of the vibration frequency as desired.

| — | The intensity of the magnetic field created by the vibration device in the vicinity of the sample should not exceed 20 kA/m. The testing authority may require lower permissible values for some samples. |
| --- | --- |

—

The intensity of the magnetic field created by the vibration device in the vicinity of the sample should not exceed 20 kA/m. The testing authority may require lower permissible values for some samples.

| (2) | First inspection, mounting and putting into service
  The sample is inspected visually to verify that it is in impeccable condition as far as is apparent, and that the assembly is impeccable from the point of view of the construction of all the components and groups of components.
  The sample is mounted on the vibrating table in accordance with the type of mount provided for on-board installation. Samples, the operation and performance of which under the influence of vibrations depend on their position in relation to the vertical, shall be tested in their normal operating position. The mounts and devices used for the mounting shall not noticeably modify the amplitude and the movements of the sample in the range of frequencies used in the test.
  The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.
  After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted. |
| --- | --- |

(2)

First inspection, mounting and putting into service

The sample is inspected visually to verify that it is in impeccable condition as far as is apparent, and that the assembly is impeccable from the point of view of the construction of all the components and groups of components.

The sample is mounted on the vibrating table in accordance with the type of mount provided for on-board installation. Samples, the operation and performance of which under the influence of vibrations depend on their position in relation to the vertical, shall be tested in their normal operating position. The mounts and devices used for the mounting shall not noticeably modify the amplitude and the movements of the sample in the range of frequencies used in the test.

The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.

After the time necessary to achieve normal operation has elapsed, the functions are checked and the operating data of importance for use on board recorded and noted.

| (3) | Preliminary inspection of performance when subjected to vibrations
  This test phase shall be conducted for all samples. For samples which may be used for different purposes with varying vibratory effects, the test shall be conducted for all or some of the various uses.
  A frequency cycle is effected with the vibrating table so that the frequency range indicated in section 5.1, with its corresponding amplitudes, is covered from the lowest frequency to the highest and conversely, at a rate of one octave per minute. The sample is observed during this operation using the appropriate means of measurement and visually, if necessary using a stroboscope, to check thoroughly for any operating problems, modifications of operating data and mechanical phenomena such as vibrations by resonance and rattling noises occurring in specific frequencies. These frequencies are described as ‘characteristic’.
  If necessary, in order to determine characteristic frequencies and vibration effects, the frequency variation is slowed down, stopped or reversed and the amplitude of the vibrations reduced. During the gradual modification of the operating data, it is necessary to wait until the final value is reached while maintaining the vibration frequency, although not more than five minutes.
  During the frequency scan, at least the frequencies and operating data of importance for use on board are recorded, and all characteristic frequencies are noted, with their effects, for subsequent comparison during phase (7).
  If the response of the sample to mechanical vibrations cannot be adequately determined during operation, an additional vibration response test shall be performed without connecting the sample.
  If during the frequency scan the operational data noticeably exceed the permissible tolerances, the operation is unacceptably disrupted or if the structural resonance vibrations are likely to cause destruction should the vibration test be continued, the test may be interrupted. |
| --- | --- |

(3)

Preliminary inspection of performance when subjected to vibrations

This test phase shall be conducted for all samples. For samples which may be used for different purposes with varying vibratory effects, the test shall be conducted for all or some of the various uses.

A frequency cycle is effected with the vibrating table so that the frequency range indicated in section 5.1, with its corresponding amplitudes, is covered from the lowest frequency to the highest and conversely, at a rate of one octave per minute. The sample is observed during this operation using the appropriate means of measurement and visually, if necessary using a stroboscope, to check thoroughly for any operating problems, modifications of operating data and mechanical phenomena such as vibrations by resonance and rattling noises occurring in specific frequencies. These frequencies are described as ‘characteristic’.

If necessary, in order to determine characteristic frequencies and vibration effects, the frequency variation is slowed down, stopped or reversed and the amplitude of the vibrations reduced. During the gradual modification of the operating data, it is necessary to wait until the final value is reached while maintaining the vibration frequency, although not more than five minutes.

During the frequency scan, at least the frequencies and operating data of importance for use on board are recorded, and all characteristic frequencies are noted, with their effects, for subsequent comparison during phase (7).

If the response of the sample to mechanical vibrations cannot be adequately determined during operation, an additional vibration response test shall be performed without connecting the sample.

If during the frequency scan the operational data noticeably exceed the permissible tolerances, the operation is unacceptably disrupted or if the structural resonance vibrations are likely to cause destruction should the vibration test be continued, the test may be interrupted.

| (4) | Test of switching functions
  This test phase shall be conducted for all samples where vibratory stress may influence switching functions, for example relays.
  The sample is subjected to vibrations in the frequency ranges indicated in section 5.1 with frequency variation steps in accordance with the E-12 series (8) and the corresponding amplitudes. At each frequency step, all switching functions which may be sensitive to vibration, if necessary including switching-on and switching-off, are carried out at least twice.
  Switching functions may also be tested at frequencies occurring between the E-12 series values. |
| --- | --- |

(4)

Test of switching functions

This test phase shall be conducted for all samples where vibratory stress may influence switching functions, for example relays.

The sample is subjected to vibrations in the frequency ranges indicated in section 5.1 with frequency variation steps in accordance with the E-12 series (8) and the corresponding amplitudes. At each frequency step, all switching functions which may be sensitive to vibration, if necessary including switching-on and switching-off, are carried out at least twice.

Switching functions may also be tested at frequencies occurring between the E-12 series values.

| (5) | Extended test
  This test phase shall be conducted for all samples. For samples which may be used for different purposes with varying vibratory effects, the first part of this phase (when the sample is in service) may be conducted several times, for all or some of the various uses.
  When the sample is in service as described in phase (2) above, it is subjected to five cycles during which the frequency range indicated as stress producing in section 5.1, with the corresponding amplitudes, is covered each time from the lowest to the highest frequency and conversely, at a rate of one octave per minute.
  After the fifth cycle, the vibrating table may be stopped, the functions are tested and the operating data of importance for on-board use recorded and noted. |
| --- | --- |

(5)

Extended test

This test phase shall be conducted for all samples. For samples which may be used for different purposes with varying vibratory effects, the first part of this phase (when the sample is in service) may be conducted several times, for all or some of the various uses.

When the sample is in service as described in phase (2) above, it is subjected to five cycles during which the frequency range indicated as stress producing in section 5.1, with the corresponding amplitudes, is covered each time from the lowest to the highest frequency and conversely, at a rate of one octave per minute.

After the fifth cycle, the vibrating table may be stopped, the functions are tested and the operating data of importance for on-board use recorded and noted.

| (6) | Fixed frequency extended test
  This test phase shall be conducted if, on examining vibratory performance during phase (3) above, mechanical resonances are observed during the scan of the frequency range above 5 Hz, which are acceptable for extended use on board according to the manufacturer or his authorised representative, but for which the strength of the parts concerned cannot be taken for granted. In particular, this phase concerns appliances fitted with shock absorbers with a resonance frequency within the frequency range indicated in section 5.1 and higher than 5 Hz.
  When the sample is in service as described in phase (2) above, for each resonance frequency concerned, it is subjected for two hours to vibrations at the amplitude provided for in the extreme ambient test and at the corresponding frequency as referred to in section 5.1, the direction of vibration being that which in normal use exerts the maximum stress on the parts in question. If necessary, the frequency applied must be rectified so that the resonance vibrations continue at not less than 70 % of their maximum amplitude, or the frequency must be made to vary continuously between two values 2 % below and 2 % above the resonance frequency initially observed, at a rate of at least 0,1 but not more than 1 octave per minute. During the vibratory stress, the functions of the sample are monitored until malfunctions begin to occur, as a result of mechanical parts becoming detached or displaced or of a break in the electrical connection or of a short-circuit.
  Samples for which the execution of this test phase is relevant when switched off may be tested in that state, provided the mechanical stress on the parts concerned is not less than in normal use. |
| --- | --- |

(6)

Fixed frequency extended test

This test phase shall be conducted if, on examining vibratory performance during phase (3) above, mechanical resonances are observed during the scan of the frequency range above 5 Hz, which are acceptable for extended use on board according to the manufacturer or his authorised representative, but for which the strength of the parts concerned cannot be taken for granted. In particular, this phase concerns appliances fitted with shock absorbers with a resonance frequency within the frequency range indicated in section 5.1 and higher than 5 Hz.

When the sample is in service as described in phase (2) above, for each resonance frequency concerned, it is subjected for two hours to vibrations at the amplitude provided for in the extreme ambient test and at the corresponding frequency as referred to in section 5.1, the direction of vibration being that which in normal use exerts the maximum stress on the parts in question. If necessary, the frequency applied must be rectified so that the resonance vibrations continue at not less than 70 % of their maximum amplitude, or the frequency must be made to vary continuously between two values 2 % below and 2 % above the resonance frequency initially observed, at a rate of at least 0,1 but not more than 1 octave per minute. During the vibratory stress, the functions of the sample are monitored until malfunctions begin to occur, as a result of mechanical parts becoming detached or displaced or of a break in the electrical connection or of a short-circuit.

Samples for which the execution of this test phase is relevant when switched off may be tested in that state, provided the mechanical stress on the parts concerned is not less than in normal use.

| (7) | Final inspection of performance when subjected to vibration
  This test phase must be effected as necessary.
  The inspection of performance when subjected to vibrations referred to in phase (3) is repeated using the frequencies and amplitudes applied in that phase. The characteristic frequencies observed and the observed effects of vibration stress are compared with the results of phase (3) in order to determine any changes which occurred during the vibration test. |
| --- | --- |

(7)

Final inspection of performance when subjected to vibration

This test phase must be effected as necessary.

The inspection of performance when subjected to vibrations referred to in phase (3) is repeated using the frequencies and amplitudes applied in that phase. The characteristic frequencies observed and the observed effects of vibration stress are compared with the results of phase (3) in order to determine any changes which occurred during the vibration test.

| (8) | Conclusions of the inspection
  Once the vibrating table has stopped and the time necessary to arrive at an operating state without vibratory stress has elapsed, the functions are tested and the operating data of importance for on-board use recorded and noted.
  Lastly, the sample is inspected visually to verify that it is in impeccable condition. |
| --- | --- |

(8)

Conclusions of the inspection

Once the vibrating table has stopped and the time necessary to arrive at an operating state without vibratory stress has elapsed, the functions are tested and the operating data of importance for on-board use recorded and noted.

Lastly, the sample is inspected visually to verify that it is in impeccable condition.

5.3.   Results to be obtained

The sample and its components and groups of components should not show any mechanical resonance vibrations in the frequency ranges indicated in section 5.1. When resonance vibrations of this type are unavoidable, construction measures must be taken to ensure that the sample, its components and groups of components suffer no damage.

During and following the vibration test, no perceptible effect of vibratory stress shall occur, and in particular no difference between the characteristic frequencies observed in phase (7) and the values determined in phase (3) and no damage or malfunction as a result of extended vibration shall be observed.

In the case of the normal ambient test, the operating data recorded in phases (3) to (8) shall remain within the tolerances permitted on the basis of these test and approval conditions.

During the switching functions test in phase (4), no switching malfunction or breakdown shall occur.

6.   Accelerated weather resistance test

6.1.   Purpose and application

The accelerated weather resistance test (simulation of exposure to the elements through exposure to radiation from xenon lamps with filters and by sprinkling) is conducted in accordance with Parts 2-3, 2-5 and 2-9 of IEC publication 68 plus the following additions:

According to this publication, the accelerated weather resistance test aims at simulating natural weather conditions by means of a test apparatus under specific reproducible conditions, so as to provoke rapid changes in the properties of the materials.

The accelerated test is carried out in a test apparatus with filtered radiation from xenon lamps and intermittent sprinkling. Following exposure to the elements, measured by the product of the intensity of radiation and its duration, the agreed properties of the samples are compared with those of samples of the same origin which have not been exposed to the elements. First to be specified are the properties crucial for practical use, such as colour, surface quality, shock resistance, tensile strength and solidity.

In order to compare the results with those of exposure to natural weather conditions, it is assumed that the alteration of properties by the elements is caused in particular by natural radiation and the simultaneous action of oxygen, water and heat on the materials.

For the accelerated test, particular account must be taken of the fact that the radiation in the appliance is very close to natural radiation (see the IEC publication).

The radiation from the xenon lamp with a special filter simulates natural radiation.

Experience has shown that, under the test conditions indicated, there is a strong correlation between resistance to weather in the accelerated test and resistance to natural weather conditions. The accelerated test, which is independent of place, climate and season, has the advantage over natural weather conditions of being reproducible and of making it possible to shorten the duration of the test as it is independent of the alternation of day and night and of the seasons.

6.2.   Number of samples

For the weather-resistance test, unless otherwise agreed, an adequate number of samples is used. An adequate number of samples not subjected to weather conditions is required for the purposes of comparison.

6.3.   Preparation of samples

The samples are subjected to the tests in the state in which they are delivered, unless otherwise agreed. The samples to be used for comparison are kept in the dark at ambient temperature throughout the tests.

6.4.   Test apparatus

The test apparatus consists basically of a ventilated test chamber with the radiation source in the centre. Optical filters are placed round the radiation source. The sample mounts are rotated around the longitudinal axis of the system at the required distance from the source and the filters to reach the intensity of radiation prescribed in section 6.4.1.

The intensity of the radiation on any component of the total sample surfaces exposed shall not differ by more than ± 10 % from the arithmetical mean of radiation intensity on the various surfaces.

6.4.1.   Radiation source

A xenon lamp is used as the radiation source. The radiation flux shall be selected so that the intensity of radiation on the sample surface is 1 000 ± 200 W · m– 2 in the 300 to 830 nm waveband (see section 6.9 for the apparatus for measuring irradiation).

If air-cooled xenon lamps are used, the air already used containing ozone must not enter the test chamber and must be evacuated separately.

The experimental values show that the radiation flux from xenon lamps drops to 80 % of its initial value after approximately 1 500 hours of operation; after this period, the proportion of ultra-violet radiation is also reduced noticeably compared with other forms of radiation. The xenon lamp must therefore be replaced after this period (see also the data supplied by the xenon lamp manufacturer).

6.4.2.   Optical filters

Optical filters must be positioned between the radiation source and the sample mounts so that the filtered radiation from the xenon lamps is as close as possible to natural radiation (see IEC publication 68, Parts 2 to 9).

All glass filters must be cleaned regularly to avoid any undesirable decrease in radiation intensity. The filters must be replaced if the similarity to natural radiation can no longer be achieved.

With regard to appropriate optical filters, the data supplied by the manufacturer of the test apparatus must be complied with. On delivery of test apparatus, the manufacturer must guarantee that it meets the requirements set out in section 6.4.

6.5.   Sprinkling and air humidifying device

The sample shall be wetted in such a way that the action is the same as that of natural rain and dew. The sample sprinkling device shall be so constructed that during sprinkling all the external surfaces of the samples are wetted. It must be controlled in such a way that the sprinkling/dry-period cycle prescribed in section 6.10.3 is complied with. The air in the test chamber must be humidified so as to maintain the relative humidity prescribed in section 6.10.3. The water used for sprinkling and for humidifying the air must be distilled water or fully desalinated water (conductivity ≤ 5 μS/cm).

The tanks, pipes and sprayers for distilled or fully desalinated water must be of corrosion-resistant materials. The relative humidity of the air in the test chamber is measured using a hygrometer protected against sprinkling and direct radiation and is adjusted by means of the hygrometer.

When fully desalinated water or water in a closed circuit is used the risk exists (as in the varnish test) of the formation of a deposit on the surface of the samples or of wear on the surface by substances in suspension.

6.6.   Ventilation device

The temperature of the black panel prescribed in section 6.10.2 is maintained in the test chamber by the circulation of clean, filtered, humidified and, if necessary, temperature-controlled air over the samples. The flow and speed of the air shall be selected so as to ensure uniform tempering of all external surfaces of the mounts of the samples in the system.

6.7.   Sample mounts

Any mounts in stainless steel enabling the samples to be mounted as set out in section 6.10.1 may be used.

6.8.   Blackpanel thermometer

In order to measure the temperature of the black panel during the dry period of the cycle, a blackpanel thermometer is used. This thermometer consists of a stainless steel panel thermally insulated from its mounts, the same size as the sample mounts and 0,9 ± 0,1 mm thick. The two sides of the panel are covered with shiny black varnish which is highly weather-resistant and has a maximum reflecting power of 5 % at wave-lengths of more than 780 nm. The temperature of the panel is measured using a bimetallic thermometer the sensor of which is placed in the middle of the panel with a good thermal contact.

It is not advisable to leave the thermometer in the apparatus throughout the test referred to in section 6.10. It is sufficient for it to be inserted into the test apparatus every 250 hours, for 30 minutes or so, and for the temperature of the black panel to be taken during the dry period.

6.9.   Irradiation measuring apparatus

Irradiation (unit of measurement: W · s m– 2) is the product of the intensity of irradiation (unit: W · m– 2) and duration of irradiation (unit: s). The irradiation of the surfaces of the sample in the test apparatus is measured with an appropriate irradiation measuring apparatus, adapted to the radiation function of the system consisting of the radiation source and the filter. The irradiation measuring apparatus shall be graduated or calibrated so that infra-red radiation over 830 nm is not taken into account.

The capacity of the irradiation measuring apparatus depends basically on whether its sensor is highly resistant to weather and to ageing and has adequate spectral sensitivity to natural radiation.

The irradiation measuring apparatus may include the following parts, for example:

| (a) | a silicon photo-electric cell as radiation sensor; |
| --- | --- |

(a)

a silicon photo-electric cell as radiation sensor;

| (b) | an optical filter placed in front of the photo-electric cell; and |
| --- | --- |

(b)

an optical filter placed in front of the photo-electric cell; and

| (c) | a coulometer which measures the product (unit: C = A · s) of the intensity of the current produced in the photo-electric cell in proportion to radiation intensity (unit: A) and the duration of radiation (unit: s). |
| --- | --- |

(c)

a coulometer which measures the product (unit: C = A · s) of the intensity of the current produced in the photo-electric cell in proportion to radiation intensity (unit: A) and the duration of radiation (unit: s).

The scale of the irradiation measuring apparatus shall be calibrated. The calibration shall be checked after being used for a year and corrected if necessary.

The intensity of irradiation on the surface of samples depends on the distance from the radiation source. Sample surfaces shall therefore, as far as possible, be at the same distance from the source as the sensor of the irradiation measuring apparatus. If this is not possible, the irradiation reading on the measuring apparatus shall be multiplied by a correction factor.

6.10.   Execution

| 6.10.1. | The samples are placed in mounts so that water cannot collect on the rear surface. The sample mounts must cause only the smallest possible amount of mechanical stress. In order to ensure irradiation and sprinkling are as evenly distributed as possible, the samples are rotated during the test at a rate of one to five revolutions per minute round the source-filter system and the sprinkling device. Normally, a single side of the sample is exposed to the weather conditions. Depending on the applicable provisions of the IEC publication, or as otherwise agreed, the front and back surfaces of a single sample may also be exposed. In this case, each surface is exposed to the same radiation and the same sprinkling.
  The exposure of the front and back surfaces of a given sample to the same radiation and sprinkling may be produced by the periodic rotation of the sample. This can be done automatically using rotating appliances if the mount is in the form of an open frame. |
| --- | --- |

6.10.1.

The samples are placed in mounts so that water cannot collect on the rear surface. The sample mounts must cause only the smallest possible amount of mechanical stress. In order to ensure irradiation and sprinkling are as evenly distributed as possible, the samples are rotated during the test at a rate of one to five revolutions per minute round the source-filter system and the sprinkling device. Normally, a single side of the sample is exposed to the weather conditions. Depending on the applicable provisions of the IEC publication, or as otherwise agreed, the front and back surfaces of a single sample may also be exposed. In this case, each surface is exposed to the same radiation and the same sprinkling.

The exposure of the front and back surfaces of a given sample to the same radiation and sprinkling may be produced by the periodic rotation of the sample. This can be done automatically using rotating appliances if the mount is in the form of an open frame.

| 6.10.2. | The temperature of the black panel at the point where the samples are placed during the dry period is set and regulated in accordance with the IEC publications applicable to the equipment in question. Unless otherwise agreed, the average temperature of the black panel must be kept at + 45 °C. Average temperature of the black panel means the arithmetic mean of the black panel temperature reached at the end of the dry period. During the dry period, a local difference of ± 5 °C is permissible, and ± 3 °C in borderline cases.
  In order to maintain the required temperature of the black panel and, when necessary, ensure radiation of equal intensity on the front and back surfaces of the sample (see section 6.10.1), the samples may be turned automatically through 180° after each revolution. In this case, the blackpanel thermometer and the irradiation measuring apparatus shall be included in the rotation movement. |
| --- | --- |

6.10.2.

The temperature of the black panel at the point where the samples are placed during the dry period is set and regulated in accordance with the IEC publications applicable to the equipment in question. Unless otherwise agreed, the average temperature of the black panel must be kept at + 45 °C. Average temperature of the black panel means the arithmetic mean of the black panel temperature reached at the end of the dry period. During the dry period, a local difference of ± 5 °C is permissible, and ± 3 °C in borderline cases.

In order to maintain the required temperature of the black panel and, when necessary, ensure radiation of equal intensity on the front and back surfaces of the sample (see section 6.10.1), the samples may be turned automatically through 180° after each revolution. In this case, the blackpanel thermometer and the irradiation measuring apparatus shall be included in the rotation movement.

| 6.10.3. | Samples installed in mounts and the sensor of the irradiation measuring apparatus referred to in section 6.9 are evenly exposed to radiation and sprinkled according to the cycle defined below, which is repeated successively:







  Sprinkling | : | 3 minutes |
| --- | --- | --- | --- |
| Dry period | : | 17 minutes |

6.10.3.

Samples installed in mounts and the sensor of the irradiation measuring apparatus referred to in section 6.9 are evenly exposed to radiation and sprinkled according to the cycle defined below, which is repeated successively:

Sprinkling

:

3 minutes

Dry period

:

17 minutes

The relative humidity of the air must be 60 to 80 % during the dry period.

6.11.   Test duration and procedure

The test follows procedure B in IEC publication 68, Part 2-9. The test duration is 720 hours, with the sprinkling cycle defined in section 6.10.3.

It is recommended that the weather-resistance test should be carried out with one and the same sample (in the case of a non-destructive test of the modification of the properties to be considered, such as the weather-resistance test, for example) or with several samples (in the case of a destructive test, as for shock-resistance, for example) at various degrees of irradiation, to be agreed upon. The development of the modification of the properties of a piece of equipment throughout the weather test can therefore be determined.

6.12.   Assessment

After the exposure to bad weather is completed, the sample is kept for at least 24 hours in darkness in an air temperature of + 23 °C, a dew point of + 12 °C, a relative air humidity of 50 %, an air circulation speed of 1 m/s and an atmospheric pressure of 860 to 1 060 hPa. (The permissible difference may be ± 2 °C for the air temperature and ± 6 % for the relative humidity.)

These samples and those used for the comparison referred to in sections 6.2 and 6.3 are inspected to determine properties in accordance with the requirements indicated in Article 2.01(1) and (2) and in Article 3.01(12).

7.   Salt water and weather-resistance test

(sea-fog test)

7.1.   Purpose and application

This test is to determine the action of salt water and a saline atmosphere during operation and during transport and storage in accordance with Article 3.01.

It may be restricted to the sample or to specimens of the materials used.

The following specifications are based on IEC publication 68, Part 2-52. Additional information can be found in the publication.

7.2.   Execution

| (1) | Test apparatus
  The test is conducted in a test chamber using an atomiser and a saline solution meeting the following conditions:






  — | The materials of the test chamber and the atomiser must not influence the corrosive action of the salt mist. |
| --- | --- | --- |

(1)

Test apparatus

The test is conducted in a test chamber using an atomiser and a saline solution meeting the following conditions:

—

The materials of the test chamber and the atomiser must not influence the corrosive action of the salt mist.

| — | A fine, homogeneous, wet, thick mist must be diffused inside the test chamber; the distribution must not be affected by eddies or by the presence of the sample. The jet must not touch the sample directly. Drops forming on the inside of the chamber must not be able to fall on the sample. |
| --- | --- |

—

A fine, homogeneous, wet, thick mist must be diffused inside the test chamber; the distribution must not be affected by eddies or by the presence of the sample. The jet must not touch the sample directly. Drops forming on the inside of the chamber must not be able to fall on the sample.

| — | The test chamber must be adequately ventilated and the ventilation outlet protected against sudden changes in the movement of the air, so as to prevent the formation of a strong air current in the chamber. |
| --- | --- |

—

The test chamber must be adequately ventilated and the ventilation outlet protected against sudden changes in the movement of the air, so as to prevent the formation of a strong air current in the chamber.

| — | The saline solution used must consist, by mass, of 5 ± 1 parts of pure sodium chloride — with a maximum of 0,1 % sodium iodide and 0,3 % impurities, in the dry state — to 95 ± 1 parts of distilled or fully desalinated water. Its pH must be between 6,5 and 7,2 at a temperature of + 20 ± 2 °C and be kept within these limits during the operation. Solution once sprayed must not be reused. |
| --- | --- |

—

The saline solution used must consist, by mass, of 5 ± 1 parts of pure sodium chloride — with a maximum of 0,1 % sodium iodide and 0,3 % impurities, in the dry state — to 95 ± 1 parts of distilled or fully desalinated water. Its pH must be between 6,5 and 7,2 at a temperature of + 20 ± 2 °C and be kept within these limits during the operation. Solution once sprayed must not be reused.

| — | The compressed air used for spraying must be free of impurities such as oil or dust and shall have a humidity level of at least 85 % in order to avoid blockage of the nozzle. |
| --- | --- |

—

The compressed air used for spraying must be free of impurities such as oil or dust and shall have a humidity level of at least 85 % in order to avoid blockage of the nozzle.

| — | The mist diffused in the chamber must have a density such that, in a clean receptacle with an open horizontal surface area of 80 cm2, placed anywhere in the chamber, the average precipitation over the whole time is between 1,0 ml and 2,0 ml per hour. In order to monitor the density of the mist, at least two receptacles shall be placed in the chamber in such a way as not to be covered by the sample and not to receive drops of condensation. In order to calibrate the quantity of solution sprayed, the duration of spraying shall be at least 8 hours.
  The period of humidity between phases of spraying is spent in an air-conditioned chamber in which the air can be kept at a temperature of + 40 ± 2 °C and at a relative humidity of 93 ± 3 %. |
| --- | --- |

—

The mist diffused in the chamber must have a density such that, in a clean receptacle with an open horizontal surface area of 80 cm2, placed anywhere in the chamber, the average precipitation over the whole time is between 1,0 ml and 2,0 ml per hour. In order to monitor the density of the mist, at least two receptacles shall be placed in the chamber in such a way as not to be covered by the sample and not to receive drops of condensation. In order to calibrate the quantity of solution sprayed, the duration of spraying shall be at least 8 hours.

The period of humidity between phases of spraying is spent in an air-conditioned chamber in which the air can be kept at a temperature of + 40 ± 2 °C and at a relative humidity of 93 ± 3 %.

| (2) | Preliminary inspection
  The sample is inspected visually to verify that it is in impeccable condition, and in particular that it is correctly assembled and that all openings close properly. External surfaces soiled with grease, oil or mud are cleaned. All controls and moving parts are manipulated and checked for proper operation. The mobility of all closures, covers and moving parts intended to be detached or moved during operation or maintenance must be inspected for mobility and correctly replaced.
  The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.
  After the time required to reach normal operation has elapsed, the functions are tested and the operating data of importance for on-board use and for assessing the action of the salt mist atmosphere are recorded and noted. The sample is then disconnected for exposure to spraying. |
| --- | --- |

(2)

Preliminary inspection

The sample is inspected visually to verify that it is in impeccable condition, and in particular that it is correctly assembled and that all openings close properly. External surfaces soiled with grease, oil or mud are cleaned. All controls and moving parts are manipulated and checked for proper operation. The mobility of all closures, covers and moving parts intended to be detached or moved during operation or maintenance must be inspected for mobility and correctly replaced.

The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.

After the time required to reach normal operation has elapsed, the functions are tested and the operating data of importance for on-board use and for assessing the action of the salt mist atmosphere are recorded and noted. The sample is then disconnected for exposure to spraying.

| (3) | Spraying phase
  The sample is put into the salt mist chamber and exposed to the salt mist for two hours at a temperature of + 15 °C to + 35 °C. |
| --- | --- |

(3)

Spraying phase

The sample is put into the salt mist chamber and exposed to the salt mist for two hours at a temperature of + 15 °C to + 35 °C.

| (4) | Humidity period
  The sample is placed in the air-conditioned chamber so that the least possible amount of saline solution drips from it. It is kept in the air-conditioned chamber for seven days, at an air temperature of + 40 ± 2 °C and a relative humidity of 93 ± 3 %. It must not come into contact with any other sample or metal object. Several samples may be so arranged as to preclude any mutual influence. |
| --- | --- |

(4)

Humidity period

The sample is placed in the air-conditioned chamber so that the least possible amount of saline solution drips from it. It is kept in the air-conditioned chamber for seven days, at an air temperature of + 40 ± 2 °C and a relative humidity of 93 ± 3 %. It must not come into contact with any other sample or metal object. Several samples may be so arranged as to preclude any mutual influence.

| (5) | Repetition of the test cycle
  The test cycle, including phases (3) and (4), is repeated three times. |
| --- | --- |

(5)

Repetition of the test cycle

The test cycle, including phases (3) and (4), is repeated three times.

| (6) | Subsequent treatment
  Following the fourth test cycle, the sample is taken out of the air-conditioned chamber and immediately washed for five minutes in running tap water and rinsed in distilled or desalinated water. Drops adhering to the sample are removed by an air jet or shaken off.
  The sample is exposed to the normal ambient atmosphere for at least three hours, and in any case long enough for any visible humidity to have evaporated, before being subjected to a final inspection. The sample is dried for an hour at + 55 ± 2 °C after rinsing. |
| --- | --- |

(6)

Subsequent treatment

Following the fourth test cycle, the sample is taken out of the air-conditioned chamber and immediately washed for five minutes in running tap water and rinsed in distilled or desalinated water. Drops adhering to the sample are removed by an air jet or shaken off.

The sample is exposed to the normal ambient atmosphere for at least three hours, and in any case long enough for any visible humidity to have evaporated, before being subjected to a final inspection. The sample is dried for an hour at + 55 ± 2 °C after rinsing.

| (7) | Conclusions of the inspection
  The external appearance of the sample is inspected visually. The nature and extent of deterioration from its initial state are recorded in the test report, with supporting photographs if necessary.
  The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.
  After the time required to reach normal operation has elapsed, the functions are tested and the operating data of importance for on-board use and for assessing the action of the salt mist atmosphere are recorded and noted.
  All controls and moving parts are manipulated and checked for proper operation. The mobility of all closures, covers and moving parts intended to be detached or moved during operation or maintenance is checked. |
| --- | --- |

(7)

Conclusions of the inspection

The external appearance of the sample is inspected visually. The nature and extent of deterioration from its initial state are recorded in the test report, with supporting photographs if necessary.

The sample is put into operation in accordance with the manufacturer's instructions at the rated voltage of the on-board network with a tolerance of ± 3 %.

After the time required to reach normal operation has elapsed, the functions are tested and the operating data of importance for on-board use and for assessing the action of the salt mist atmosphere are recorded and noted.

All controls and moving parts are manipulated and checked for proper operation. The mobility of all closures, covers and moving parts intended to be detached or moved during operation or maintenance is checked.

7.3.   Results to be obtained

The sample must not show any change which could:

| — | hinder its use and operation; |
| --- | --- |

—

hinder its use and operation;

| — | prevent to any considerable extent the detachment of closures and covers, or the movement of moving parts in so far as this is necessary for use or maintenance; |
| --- | --- |

—

prevent to any considerable extent the detachment of closures and covers, or the movement of moving parts in so far as this is necessary for use or maintenance;

| — | impair the waterproofness of the housing; |
| --- | --- |

—

impair the waterproofness of the housing;

| — | be expected to cause malfunctions in the long run. |
| --- | --- |

—

be expected to cause malfunctions in the long run.

The operating data recorded in phases (3) and (7) must remain within the tolerances laid down in these test and approval conditions.

PART III

MINIMUM REQUIREMENTS AND TEST CONDITIONS FOR RADAR EQUIPMENT USED FOR NAVIGATION IN INLAND WATERWAY VESSELS

Contents

| Chapter 1 | General |
| --- | --- |

Chapter 1

| Article 1.01 | Scope |
| --- | --- |

Article 1.01

| Article 1.02 | Purpose of the radar equipment |
| --- | --- |

Article 1.02

| Article 1.03 | Approval testing |
| --- | --- |

Article 1.03

| Article 1.04 | Application for approval testing |
| --- | --- |

Article 1.04

| Article 1.05 | Type-approval |
| --- | --- |

Article 1.05

| Article 1.06 | Marking of the equipment and approval number |
| --- | --- |

Article 1.06

| Article 1.07 | Manufacturer's declaration |
| --- | --- |

Article 1.07

| Article 1.08 | Modifications to approved equipment |
| --- | --- |

Article 1.08

| Chapter 2 | General minimum requirements for radar equipment |
| --- | --- |

Chapter 2

| Article 2.01 | Construction, design |
| --- | --- |

Article 2.01

| Article 2.02 | Spurious emissions and electromagnetic compatibility |
| --- | --- |

Article 2.02

| Article 2.03 | Operation |
| --- | --- |

Article 2.03

| Article 2.04 | Operating instructions |
| --- | --- |

Article 2.04

| Article 2.05 | Installation and operating tests |
| --- | --- |

Article 2.05

| Chapter 3 | Minimum operational requirements for radar equipment |
| --- | --- |

Chapter 3

| Article 3.01 | Operational readiness of radar equipment |
| --- | --- |

Article 3.01

| Article 3.02 | Resolution |
| --- | --- |

Article 3.02

| Article 3.03 | Range scales |
| --- | --- |

Article 3.03

| Article 3.04 | Variable range marker |
| --- | --- |

Article 3.04

| Article 3.05 | Lubber line |
| --- | --- |

Article 3.05

| Article 3.06 | Off-centring |
| --- | --- |

Article 3.06

| Article 3.07 | Bearing scale |
| --- | --- |

Article 3.07

| Article 3.08 | Bearing facilities |
| --- | --- |

Article 3.08

| Article 3.09 | Facilities for reducing sea and rain clutter |
| --- | --- |

Article 3.09

| Article 3.10 | Reduction of interference from other radar equipment |
| --- | --- |

Article 3.10

| Article 3.11 | Compatibility with radar beacons |
| --- | --- |

Article 3.11

| Article 3.12 | Gain control |
| --- | --- |

Article 3.12

| Article 3.13 | Frequency tuning |
| --- | --- |

Article 3.13

| Article 3.14 | Nautical orientation lines and information on the screen |
| --- | --- |

Article 3.14

| Article 3.15 | System sensitivity |
| --- | --- |

Article 3.15

| Article 3.16 | Target trail |
| --- | --- |

Article 3.16

| Article 3.17 | Slave indicators |
| --- | --- |

Article 3.17

| Chapter 4 | Minimum technical requirements for radar equipment |
| --- | --- |

Chapter 4

| Article 4.01 | Operation |
| --- | --- |

Article 4.01

| Article 4.02 | Display |
| --- | --- |

Article 4.02

| Article 4.03 | Radar picture characteristics |
| --- | --- |

Article 4.03

| Article 4.04 | Colour of the display |
| --- | --- |

Article 4.04

| Article 4.05 | Picture refreshment rate and persistence |
| --- | --- |

Article 4.05

| Article 4.06 | Display linearity |
| --- | --- |

Article 4.06

| Article 4.07 | Accuracy of range and azimuthal measurements |
| --- | --- |

Article 4.07

| Article 4.08 | Antenna characteristics and emission spectrum |
| --- | --- |

Article 4.08

| Chapter 5 | Test conditions and test methods for radar equipment |
| --- | --- |

Chapter 5

| Article 5.01 | Safety, load capacity and interference diffusion |
| --- | --- |

Article 5.01

| Article 5.02 | Spurious emissions and electromagnetic compatibility |
| --- | --- |

Article 5.02

| Article 5.03 | Test procedure |
| --- | --- |

Article 5.03

| Article 5.04 | Antenna measurements |
| --- | --- |

Article 5.04

| Appendix 1 | Angular resolution in ranges up to and including 1 200 m |
| --- | --- |

Appendix 1

| Appendix 2 | Test field for determination of the resolution of radar equipment |
| --- | --- |

Appendix 2

Chapter 1

General

Article 1.01

Scope

These provisions set out the minimum technical and operational requirements for radar equipment used for navigation in inland waterway vessels as well as the conditions for testing conformity with these minimum requirements. Inland ECDIS equipment that can be used in navigation mode counts as navigational radar equipment within the meaning of these provisions.

Article 1.02

Purpose of the radar equipment

The radar equipment shall facilitate the navigation of the vessel by providing an intelligible radar picture of its position in relation to buoys, shorelines and navigational structures, as well as permitting the reliable and timely recognition of other vessels and obstructions protruding above the water surface.

Article 1.03

Approval testing

Radar equipment may not be installed on board vessels until it has been established by means of a type test that the equipment meets the minimum requirements laid down in these provisions.

Article 1.04

Application for approval testing

| 1. | Applications for a type-test of radar equipment shall be submitted to a competent testing authority in one of the Member States.
  The competent testing authorities shall be made known to the Committee. |
| --- | --- |

1.

Applications for a type-test of radar equipment shall be submitted to a competent testing authority in one of the Member States.

The competent testing authorities shall be made known to the Committee.

| 2. | Each application shall be accompanied by the following documents:






  a. | two copies of a detailed technical description; |
| --- | --- | --- |

2.

Each application shall be accompanied by the following documents:

a.

two copies of a detailed technical description;

| b. | two complete sets of installation and service documents; |
| --- | --- |

b.

two complete sets of installation and service documents;

| c. | two copies of a detailed operator's manual; and |
| --- | --- |

c.

two copies of a detailed operator's manual; and

| d. | two copies of a summarised operator's manual. |
| --- | --- |

d.

two copies of a summarised operator's manual.

| 3. | By means of tests, the applicant shall establish or have it established that the radar equipment meets the minimum requirements of these provisions.
  The results of the test and the measurement reports on the horizontal and vertical radiation pattern of the antenna shall be attached to the application.
  These documents and the information obtained during testing shall be kept by the competent testing authority. |
| --- | --- |

3.

By means of tests, the applicant shall establish or have it established that the radar equipment meets the minimum requirements of these provisions.

The results of the test and the measurement reports on the horizontal and vertical radiation pattern of the antenna shall be attached to the application.

These documents and the information obtained during testing shall be kept by the competent testing authority.

| 4. | For approval testing purposes, ‘applicant’ means any legal or natural person under whose name, trademark or any other form of identification the equipment submitted for testing is manufactured or marketed. |
| --- | --- |

4.

For approval testing purposes, ‘applicant’ means any legal or natural person under whose name, trademark or any other form of identification the equipment submitted for testing is manufactured or marketed.

Article 1.05

Type-approval

| 1. | If the equipment passes the type test, the competent testing authority shall issue a certificate of conformity.
  If the equipment fails to meet the minimum requirements, the applicant shall be notified in writing of the reasons for its rejection.
  Approval shall be granted by the competent authority.
  The competent authority shall inform the Committee of the equipment it has approved. |
| --- | --- |

1.

If the equipment passes the type test, the competent testing authority shall issue a certificate of conformity.

If the equipment fails to meet the minimum requirements, the applicant shall be notified in writing of the reasons for its rejection.

Approval shall be granted by the competent authority.

The competent authority shall inform the Committee of the equipment it has approved.

| 2. | Each testing authority shall be entitled to select equipment from the production series at any time for inspection.
  If this inspection reveals defects in the equipment, type-approval may be withdrawn.
  The type-approval shall be withdrawn by the authority that issued it. |
| --- | --- |

2.

Each testing authority shall be entitled to select equipment from the production series at any time for inspection.

If this inspection reveals defects in the equipment, type-approval may be withdrawn.

The type-approval shall be withdrawn by the authority that issued it.

| 3. | The type-approval shall be valid for a period of 10 years and may be renewed on request. |
| --- | --- |

3.

The type-approval shall be valid for a period of 10 years and may be renewed on request.

Article 1.06

Marking of the equipment and approval number

| 1. | Each component of the equipment shall be marked indelibly with the name of the manufacturer, the trade designation of the equipment, the type of equipment and the serial number. |
| --- | --- |

1.

Each component of the equipment shall be marked indelibly with the name of the manufacturer, the trade designation of the equipment, the type of equipment and the serial number.

| 2. | The approval number assigned by the competent authority shall be affixed indelibly to the display unit in such a way that it remains clearly visible after the equipment has been installed.
  Composition of an approval number:
  e-NN-NNN







  (e | = | European Union |
| --- | --- | --- | --- |
| NN | = | code for the country of approval, where |

2.

The approval number assigned by the competent authority shall be affixed indelibly to the display unit in such a way that it remains clearly visible after the equipment has been installed.

Composition of an approval number:

e-NN-NNN

(e

=

European Union

NN

=

code for the country of approval, where

| 1 | = Germany |
| --- | --- |

1

= Germany

| 18 | = Denmark |
| --- | --- |

18

= Denmark

| 2 | = France |
| --- | --- |

2

= France

| 20 | = Poland |
| --- | --- |

20

= Poland

| 3 | = Italy |
| --- | --- |

3

= Italy

| 21 | = Portugal |
| --- | --- |

21

= Portugal

| 4 | = Netherlands |
| --- | --- |

4

= Netherlands

| 23 | = Greece |
| --- | --- |

23

= Greece

| 5 | = Sweden |
| --- | --- |

5

= Sweden

| 24 | = Ireland |
| --- | --- |

24

= Ireland

| 6 | = Belgium |
| --- | --- |

6

= Belgium

| 26 | = Slovenia |
| --- | --- |

26

= Slovenia

| 7 | = Hungary |
| --- | --- |

7

= Hungary

| 27 | = Slovakia |
| --- | --- |

27

= Slovakia

| 8 | = Czech Republic |
| --- | --- |

8

= Czech Republic

| 29 | = Estonia |
| --- | --- |

29

= Estonia

| 9 | = Spain |
| --- | --- |

9

= Spain

| 32 | = Latvia |
| --- | --- |

32

= Latvia

| 11 | = United Kingdom |
| --- | --- |

11

= United Kingdom

| 36 | = Lithuania |
| --- | --- |

36

= Lithuania

| 12 | = Austria |
| --- | --- |

12

= Austria

| 49 | = Cyprus |
| --- | --- |

49

= Cyprus

| 13 | = Luxembourg |
| --- | --- |

13

= Luxembourg

| 50 | = Malta |
| --- | --- |

50

= Malta

| 17 | = Finland |
| --- | --- |

17

= Finland

| NNN | = | three-digit number, to be determined by the competent authority.) |
| --- | --- | --- |

NNN

=

three-digit number, to be determined by the competent authority.)

| 3. | The approval number shall be used only in conjunction with the associated approval.
  It shall be the responsibility of the applicant to produce and affix the approval number. |
| --- | --- |

3.

The approval number shall be used only in conjunction with the associated approval.

It shall be the responsibility of the applicant to produce and affix the approval number.

| 4. | The competent authority shall immediately inform the Committee of the approval number assigned. |
| --- | --- |

4.

The competent authority shall immediately inform the Committee of the approval number assigned.

Article 1.07

Manufacturer's declaration

Each unit of equipment shall be accompanied by a manufacturer's declaration to the effect that it meets the prevailing minimum requirements and that is identical in every respect to the equipment submitted for testing.

Article 1.08

Modifications to approved equipment

| 1. | Any modification made to equipment already approved shall cause the type-approval to be withdrawn. Whenever modifications are planned, details shall be sent in writing to the competent testing authority. |
| --- | --- |

1.

Any modification made to equipment already approved shall cause the type-approval to be withdrawn. Whenever modifications are planned, details shall be sent in writing to the competent testing authority.

| 2. | The competent testing authority shall decide whether the approval still applies or whether an inspection or new type-test is necessary.
  If a new approval is granted, a new approval number shall be assigned. |
| --- | --- |

2.

The competent testing authority shall decide whether the approval still applies or whether an inspection or new type-test is necessary.

If a new approval is granted, a new approval number shall be assigned.

Chapter 2

General minimum requirements for radar equipment

Article 2.01

Construction, design

| 1. | Radar equipment shall be suitable for operation on board inland waterway vessels. |
| --- | --- |

1.

Radar equipment shall be suitable for operation on board inland waterway vessels.

| 2. | The construction and design of the equipment shall be in accordance with the state of the art, both mechanically and electrically. |
| --- | --- |

2.

The construction and design of the equipment shall be in accordance with the state of the art, both mechanically and electrically.

| 3. | In the absence of any specific provision in Annex II to this Directive or in these provisions, the requirements and test methods contained in IEC publication 945 ‘Marine Navigational Equipment General Requirements’ shall apply to power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental influences, audible noise emission and equipment markings.
  Additionally, the requirements of the ITU Radio Regulations shall apply. The equipment shall satisfy all requirements of these provisions for radar display ambient temperatures between 0 °C and 40 °C. |
| --- | --- |

3.

In the absence of any specific provision in Annex II to this Directive or in these provisions, the requirements and test methods contained in IEC publication 945 ‘Marine Navigational Equipment General Requirements’ shall apply to power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental influences, audible noise emission and equipment markings.

Additionally, the requirements of the ITU Radio Regulations shall apply. The equipment shall satisfy all requirements of these provisions for radar display ambient temperatures between 0 °C and 40 °C.

Article 2.02

Spurious emissions and electromagnetic compatibility

| 1. | In the frequency range of 30 to 2 000 MHz, the field strength of spurious emissions shall not exceed 500 μV/m.
  In the frequency ranges of 156 to 165 MHz, 450 to 470 MHz and 1,53 to 1,544 GHz the field strength shall not exceed a value of 15 μV/m. These field strengths shall apply at a test distance of 3 metres from the equipment under test. |
| --- | --- |

1.

In the frequency range of 30 to 2 000 MHz, the field strength of spurious emissions shall not exceed 500 μV/m.

In the frequency ranges of 156 to 165 MHz, 450 to 470 MHz and 1,53 to 1,544 GHz the field strength shall not exceed a value of 15 μV/m. These field strengths shall apply at a test distance of 3 metres from the equipment under test.

| 2. | The equipment shall satisfy the minimum requirements at electromagnetic field strengths of up to 15 V/m in the immediate vicinity of the equipment under test in the frequency range of 30 to 2 000 MHz. |
| --- | --- |

2.

The equipment shall satisfy the minimum requirements at electromagnetic field strengths of up to 15 V/m in the immediate vicinity of the equipment under test in the frequency range of 30 to 2 000 MHz.

Article 2.03

Operation

| 1. | The equipment shall not have more controls than are necessary for its correct operation.
  The design, markings and manipulation of the controls shall be such as to permit their simple, unambiguous and fast operation. Their arrangement shall be such as to prevent operating mistakes as far as possible.
  Controls not necessary for normal operation shall not be immediately accessible. |
| --- | --- |

1.

The equipment shall not have more controls than are necessary for its correct operation.

The design, markings and manipulation of the controls shall be such as to permit their simple, unambiguous and fast operation. Their arrangement shall be such as to prevent operating mistakes as far as possible.

Controls not necessary for normal operation shall not be immediately accessible.

| 2. | All controls and indicators shall be provided with symbols and/or markings in English. Symbols shall meet the requirements of IMO Recommendation No A.278 (VIII) ‘Symbols for controls on marine navigational radar equipment’ or the requirements contained in IEC publication No 417; all numerals and letters shall be at least 4 mm high.
  If it can be demonstrated that, for technical reasons, numerals and letters 4 mm high are not possible and if for the purposes of operation smaller numerals and letters are acceptable, a reduction to 3 mm shall be allowed. |
| --- | --- |

2.

All controls and indicators shall be provided with symbols and/or markings in English. Symbols shall meet the requirements of IMO Recommendation No A.278 (VIII) ‘Symbols for controls on marine navigational radar equipment’ or the requirements contained in IEC publication No 417; all numerals and letters shall be at least 4 mm high.

If it can be demonstrated that, for technical reasons, numerals and letters 4 mm high are not possible and if for the purposes of operation smaller numerals and letters are acceptable, a reduction to 3 mm shall be allowed.

| 3. | The equipment shall be designed in such a way that operating mistakes cannot cause its failure. |
| --- | --- |

3.

The equipment shall be designed in such a way that operating mistakes cannot cause its failure.

| 4. | Any functions over and above the minimum requirements, such as facilities for connection to other equipment, shall be provided in such a way that the equipment meets the minimum requirements under all conditions. |
| --- | --- |

4.

Any functions over and above the minimum requirements, such as facilities for connection to other equipment, shall be provided in such a way that the equipment meets the minimum requirements under all conditions.

Article 2.04

Operating instructions

| 1. | A detailed operator's manual shall be supplied with each unit. It shall be available in Dutch, English, French and German and shall contain at least the following information:






  (a) | activation and operation; |
| --- | --- | --- |

1.

A detailed operator's manual shall be supplied with each unit. It shall be available in Dutch, English, French and German and shall contain at least the following information:

(a)

activation and operation;

| (b) | maintenance and servicing; |
| --- | --- |

(b)

maintenance and servicing;

| (c) | general safety instructions (health hazards, e.g. the influencing of pacemakers, etc. by electromagnetic radiation); |
| --- | --- |

(c)

general safety instructions (health hazards, e.g. the influencing of pacemakers, etc. by electromagnetic radiation);

| (d) | instructions for correct technical installation. |
| --- | --- |

(d)

instructions for correct technical installation.

| 2. | A summarised operator's manual in a durable form shall be supplied with each unit.
  It shall be available in Dutch, English, French and German. |
| --- | --- |

2.

A summarised operator's manual in a durable form shall be supplied with each unit.

It shall be available in Dutch, English, French and German.

Article 2.05

Installation and operating tests

Installation, replacement and operating tests shall be in accordance with the requirements of Part V.

Chapter 3

Minimum operational requirements for radar equipment

Article 3.01

Operational readiness of radar equipment

| 1. | From a cold start, radar equipment shall be fully operational within four minutes. After this period, it shall be possible to interrupt and activate transmission instantaneously. |
| --- | --- |

1.

From a cold start, radar equipment shall be fully operational within four minutes. After this period, it shall be possible to interrupt and activate transmission instantaneously.

| 2. | It shall be possible for a single person to operate the radar equipment and watch the display simultaneously.
  If the control panel is a separate unit, it shall contain all controls used directly for radar navigation.
  Cordless remote controls shall not be permitted. |
| --- | --- |

2.

It shall be possible for a single person to operate the radar equipment and watch the display simultaneously.

If the control panel is a separate unit, it shall contain all controls used directly for radar navigation.

Cordless remote controls shall not be permitted.

| 3. | It shall be possible to read the display also when there is considerable ambient brightness. When necessary, appropriate vision aids shall be available and shall be attachable and removable simply and easily.
  Vision aids shall be usable by wearers of spectacles. |
| --- | --- |

3.

It shall be possible to read the display also when there is considerable ambient brightness. When necessary, appropriate vision aids shall be available and shall be attachable and removable simply and easily.

Vision aids shall be usable by wearers of spectacles.

Article 3.02

Resolution

| 1. | Angular resolution
  Angular resolution is related to range scale and distance. The required minimum resolution for shorter ranges up to and including 1 200 m is shown in Appendix 1.
  Minimum resolution is understood to be the minimum azimuthal distance between two standard reflectors (see Article 5.03(2)) at which they are shown clearly separated on the radar picture. |
| --- | --- |

1.

Angular resolution

Angular resolution is related to range scale and distance. The required minimum resolution for shorter ranges up to and including 1 200 m is shown in Appendix 1.

Minimum resolution is understood to be the minimum azimuthal distance between two standard reflectors (see Article 5.03(2)) at which they are shown clearly separated on the radar picture.

| 2. | Minimum range and range resolution
  At all distances between 15 and 1 200 m in range scales up to and including 1 200 m, standard reflectors located 15 m apart on the same bearing shall be shown clearly separated on the radar screen. |
| --- | --- |

2.

Minimum range and range resolution

At all distances between 15 and 1 200 m in range scales up to and including 1 200 m, standard reflectors located 15 m apart on the same bearing shall be shown clearly separated on the radar screen.

| 3. | Functions that can cause a deterioration of resolution shall not be switchable in range scales up to 2 000 m. |
| --- | --- |

3.

Functions that can cause a deterioration of resolution shall not be switchable in range scales up to 2 000 m.

Article 3.03

Range scales

| 1. | The radar equipment shall be provided with the following sequentially-switchable range scales and circles:







  Range scale 1 | 500 m one circle every | 100 m |
| --- | --- | --- | --- |
| Range scale 2 | 800 m one circle every | 200 m |
| Range scale 3 | 1 200 m one circle every | 200 m |
| Range scale 4 | 1 600 m one circle every | 400 m |
| Range scale 5 | 2 000 m one circle every | 400 m |

1.

The radar equipment shall be provided with the following sequentially-switchable range scales and circles:

Range scale 1

500 m one circle every

100 m

Range scale 2

800 m one circle every

200 m

Range scale 3

1 200 m one circle every

200 m

Range scale 4

1 600 m one circle every

400 m

Range scale 5

2 000 m one circle every

400 m

| 2. | Further sequentially-switchable range scales shall be permitted. |
| --- | --- |

2.

Further sequentially-switchable range scales shall be permitted.

| 3. | The selected range scale, the distance between range circles and the distance of the variable range marker shall be indicated in metres or kilometres. |
| --- | --- |

3.

The selected range scale, the distance between range circles and the distance of the variable range marker shall be indicated in metres or kilometres.

| 4. | The width of the range circles and the variable range marker shall, at the normal brightness setting, not exceed 2 mm. |
| --- | --- |

4.

The width of the range circles and the variable range marker shall, at the normal brightness setting, not exceed 2 mm.

| 5. | Subsector display and enlargements shall not be permitted. |
| --- | --- |

5.

Subsector display and enlargements shall not be permitted.

Article 3.04

Variable range marker

| 1. | The radar equipment shall have a variable range marker. |
| --- | --- |

1.

The radar equipment shall have a variable range marker.

| 2. | Within eight seconds, it shall be possible to set the range marker to any distance. |
| --- | --- |

2.

Within eight seconds, it shall be possible to set the range marker to any distance.

| 3. | The distance at which the variable range marker is set shall not change even after switchover to other range scales. |
| --- | --- |

3.

The distance at which the variable range marker is set shall not change even after switchover to other range scales.

| 4. | The range shall be displayed as a three- or four-digit number. The accuracy for ranges up to 2 000 m shall be within 10 metres. The radius of the range marker shall correspond to the digital display. |
| --- | --- |

4.

The range shall be displayed as a three- or four-digit number. The accuracy for ranges up to 2 000 m shall be within 10 metres. The radius of the range marker shall correspond to the digital display.

Article 3.05

Lubber line

| 1. | A lubber line shall extend from the position on the radar display that corresponds to the antenna position up to the edge of the radar screen. |
| --- | --- |

1.

A lubber line shall extend from the position on the radar display that corresponds to the antenna position up to the edge of the radar screen.

| 2. | The width of the lubber line at the edge of the screen shall not be more than 0,5°. |
| --- | --- |

2.

The width of the lubber line at the edge of the screen shall not be more than 0,5°.

| 3. | The radar unit shall have an adjusting device for correcting any azimuthal angular error in the antenna mounting. |
| --- | --- |

3.

The radar unit shall have an adjusting device for correcting any azimuthal angular error in the antenna mounting.

| 4. | Following correction of the angular error and activation of the radar unit, the deviation of the lubber line from the keel line shall not exceed 0,5°. |
| --- | --- |

4.

Following correction of the angular error and activation of the radar unit, the deviation of the lubber line from the keel line shall not exceed 0,5°.

Article 3.06

Off-centring

| 1. | To permit an extended forward view, off-centring of the radar picture shall be possible at all the range scales specified in Article 3.03(1). Off-centring shall result exclusively in an extension of the forward view and shall be adjustable to at least 0,25, and at most 0,33, of the effective screen diameter. |
| --- | --- |

1.

To permit an extended forward view, off-centring of the radar picture shall be possible at all the range scales specified in Article 3.03(1). Off-centring shall result exclusively in an extension of the forward view and shall be adjustable to at least 0,25, and at most 0,33, of the effective screen diameter.

| 2. | In the range with extended forward view, the range circles shall be extended and the variable range marker shall be adjustable and readable up to the maximum of the displayed range. |
| --- | --- |

2.

In the range with extended forward view, the range circles shall be extended and the variable range marker shall be adjustable and readable up to the maximum of the displayed range.

| 3. | A fixed forward extension of the range displayed in accordance with paragraph 1 is permitted provided that, for the central part of the picture, the effective diameter is not less than that specified in Article 4.03(1), and that the bearing scale is designed in such a way that a bearing can be taken in accordance with Article 3.08.
  In that case the off-centring facility referred to in paragraph 1 shall not be required. |
| --- | --- |

3.

A fixed forward extension of the range displayed in accordance with paragraph 1 is permitted provided that, for the central part of the picture, the effective diameter is not less than that specified in Article 4.03(1), and that the bearing scale is designed in such a way that a bearing can be taken in accordance with Article 3.08.

In that case the off-centring facility referred to in paragraph 1 shall not be required.

Article 3.07

Bearing scale

| 1. | The radar equipment shall have a bearing scale at the edge of the screen. |
| --- | --- |

1.

The radar equipment shall have a bearing scale at the edge of the screen.

| 2. | The bearing scale shall be divided into at least 72 parts each representing 5 degrees. The graduation marks representing 10 degrees must be clearly longer than those representing 5 degrees.
  The 000 mark on the bearing scale shall be positioned in the middle of the upper edge of the screen. |
| --- | --- |

2.

The bearing scale shall be divided into at least 72 parts each representing 5 degrees. The graduation marks representing 10 degrees must be clearly longer than those representing 5 degrees.

The 000 mark on the bearing scale shall be positioned in the middle of the upper edge of the screen.

| 3. | The bearing scale shall be marked in three-figure numbers from 000 to 360 degrees in a clockwise direction. Numbering shall be in Arabic numerals every 10 or every 30 degrees.
  The figure 000 may be replaced by a clearly visible arrow. |
| --- | --- |

3.

The bearing scale shall be marked in three-figure numbers from 000 to 360 degrees in a clockwise direction. Numbering shall be in Arabic numerals every 10 or every 30 degrees.

The figure 000 may be replaced by a clearly visible arrow.

Article 3.08

Bearing facilities

| 1. | Facilities for taking bearings of targets shall be allowed. |
| --- | --- |

1.

Facilities for taking bearings of targets shall be allowed.

| 2. | If such facilities are provided, they shall be capable of taking a bearing of any target within approximately 5 seconds, with a maximum error of ± 1 degree. |
| --- | --- |

2.

If such facilities are provided, they shall be capable of taking a bearing of any target within approximately 5 seconds, with a maximum error of ± 1 degree.

| 3. | If an electronic bearing line is used, it shall:






  (a) | be clearly distinguishable from the lubber line; |
| --- | --- | --- |

3.

If an electronic bearing line is used, it shall:

(a)

be clearly distinguishable from the lubber line;

| (b) | be displayed quasi-continuously; |
| --- | --- |

(b)

be displayed quasi-continuously;

| (c) | be freely rotatable through 360 degrees left and right; |
| --- | --- |

(c)

be freely rotatable through 360 degrees left and right;

| (d) | be at most 0,5 degrees wide at the edge of the screen; |
| --- | --- |

(d)

be at most 0,5 degrees wide at the edge of the screen;

| (e) | extend from origin up to the bearing scale; |
| --- | --- |

(e)

extend from origin up to the bearing scale;

| (f) | and complete a three- or four-figure decimal degree reading. |
| --- | --- |

(f)

and complete a three- or four-figure decimal degree reading.

| 4. | If a mechanical bearing line is used, it shall:






  (a) | be freely rotatable through 360 degrees left and right; |
| --- | --- | --- |

4.

If a mechanical bearing line is used, it shall:

(a)

be freely rotatable through 360 degrees left and right;

| (b) | extend from the marked origin to the bearing scale; |
| --- | --- |

(b)

extend from the marked origin to the bearing scale;

| (c) | bear no further markings; and |
| --- | --- |

(c)

bear no further markings; and

| (d) | be designed in such a way that echo readings are not obscured unnecessarily. |
| --- | --- |

(d)

be designed in such a way that echo readings are not obscured unnecessarily.

Article 3.09

Facilities for reducing sea and rain clutter

| 1. | The radar equipment shall have facilities with manual controls for reducing clutter from sea and rain. |
| --- | --- |

1.

The radar equipment shall have facilities with manual controls for reducing clutter from sea and rain.

| 2. | The sea-clutter control (sensitivity time control — STC) shall, at its maximum setting, be effective up to a distance of approximately 1 200 m. |
| --- | --- |

2.

The sea-clutter control (sensitivity time control — STC) shall, at its maximum setting, be effective up to a distance of approximately 1 200 m.

| 3. | The radar equipment shall not be provided with automatic facilities for reducing sea and rain clutter. |
| --- | --- |

3.

The radar equipment shall not be provided with automatic facilities for reducing sea and rain clutter.

Article 3.10

Reduction of interference from other radar equipment

| 1. | There shall be a switchable facility for the reduction of interference caused by other radar equipment. |
| --- | --- |

1.

There shall be a switchable facility for the reduction of interference caused by other radar equipment.

| 2. | The operation of this facility shall not suppress the display of useful targets. |
| --- | --- |

2.

The operation of this facility shall not suppress the display of useful targets.

Article 3.11

Compatibility with radar beacons

Signals from radar beacons in accordance with IMO resolution A.423 (XI) shall be displayed clearly with the rain clutter suppression (fast time constant — FTC) switched off.

Article 3.12

Gain control

The range of the gain control shall be such that, at minimum sea-clutter suppression setting, surface movement of the water is clearly visible and that powerful radar echoes with an echo area equivalent to 10 000 m2 may be cut out at any distance.

2

Article 3.13

Frequency tuning

The display unit shall be provided with a tuning indicator. The tuning scale shall have a length of at least 30 mm. The indicator shall function in all ranges, even without radar echoes. The indicator shall function equally well when the gain or suppression of close proximity echoes is activated.

A manual control to correct the tuning shall be available.

Article 3.14

Nautical orientation lines and information on the screen

| 1. | Only the lubber line, bearing lines and range circles may be superimposed on the radar screen. |
| --- | --- |

1.

Only the lubber line, bearing lines and range circles may be superimposed on the radar screen.

| 2. | Apart from the radar picture and in addition to information on the operation of the radar equipment, only nautical information such as that listed below may be displayed:






  (a) | rate of turn; |
| --- | --- | --- |

2.

Apart from the radar picture and in addition to information on the operation of the radar equipment, only nautical information such as that listed below may be displayed:

(a)

rate of turn;

| (b) | speed of the vessel; |
| --- | --- |

(b)

speed of the vessel;

| (c) | rudder position; |
| --- | --- |

(c)

rudder position;

| (d) | water depth; |
| --- | --- |

(d)

water depth;

| (e) | compass course. |
| --- | --- |

(e)

compass course.

| 3. | All screen information besides the radar picture shall be displayed quasi-statically and the refreshing rate shall satisfy the operational requirements. |
| --- | --- |

3.

All screen information besides the radar picture shall be displayed quasi-statically and the refreshing rate shall satisfy the operational requirements.

| 4. | The requirements regarding the display and accuracy of nautical information shall be the same as those applicable to the main equipment. |
| --- | --- |

4.

The requirements regarding the display and accuracy of nautical information shall be the same as those applicable to the main equipment.

Article 3.15

System sensitivity

The system sensitivity shall be such that a standard reflector at a distance of 1 200 m appears clearly on the radar picture on every revolution of the antenna. In the case of a 1 m2 reflector at the same distance, the quotient of the number of antenna revolutions with radar echo during a specific period and the total number of antenna revolutions in that same period based on 100 revolutions (blip-scan rate) shall not be less than 0,8.

2

Article 3.16

Target trail

Previous positions of targets shall be shown by means of a trail.

The representation of the target trail shall be quasi-continuous and the brightness shall be less than that of the associated target; the target trail and the radar picture shall have the same colour.

The persistence of the trail shall be adjustable to operational requirements, but shall not last longer than 2 antenna revolutions. The target trail shall not impair the radar picture.

Article 3.17

Slave indicators

Slave indicators shall comply with all requirements applicable to navigational radar equipment.

Chapter 4

Minimum technical requirements for radar equipment

Article 4.01

Operation

| 1. | All controls shall be so arranged that during their operation no information is concealed from view and radar navigation remains unimpaired. |
| --- | --- |

1.

All controls shall be so arranged that during their operation no information is concealed from view and radar navigation remains unimpaired.

| 2. | Controls which can be used to switch off the equipment or, if activated, could lead to a malfunction must be protected against accidental operation. |
| --- | --- |

2.

Controls which can be used to switch off the equipment or, if activated, could lead to a malfunction must be protected against accidental operation.

| 3. | All controls and indicators shall be provided with a dazzle-free source of lighting appropriate for all ambient lighting conditions and adjustable down to zero by means of an independent control. |
| --- | --- |

3.

All controls and indicators shall be provided with a dazzle-free source of lighting appropriate for all ambient lighting conditions and adjustable down to zero by means of an independent control.

| 4. | The following functions must have their own controls with direct access:






  (a) | Stand-by/on; |
| --- | --- | --- |

4.

The following functions must have their own controls with direct access:

(a)

Stand-by/on;

| (b) | Range; |
| --- | --- |

(b)

Range;

| (c) | Tuning; |
| --- | --- |

(c)

Tuning;

| (d) | Gain; |
| --- | --- |

(d)

Gain;

| (e) | Seaclutter (STC); |
| --- | --- |

(e)

Seaclutter (STC);

| (f) | Rainclutter (FTC); |
| --- | --- |

(f)

Rainclutter (FTC);

| (g) | Variable range marker (VRM); |
| --- | --- |

(g)

Variable range marker (VRM);

| (h) | Cursor or electronic bearing line (EBL) (if fitted); |
| --- | --- |

(h)

Cursor or electronic bearing line (EBL) (if fitted);

| (i) | Ship's heading marker suppression (SHM). |
| --- | --- |

(i)

Ship's heading marker suppression (SHM).

If rotary controls are used for the abovementioned functions, concentric arrangement of the controls one above the other shall be prohibited.

| 5. | At least the controls for gain, sea clutter and rain clutter must be adjustable by means of a rotary control with an effect proportional to the angle of rotation. |
| --- | --- |

5.

At least the controls for gain, sea clutter and rain clutter must be adjustable by means of a rotary control with an effect proportional to the angle of rotation.

| 6. | Adjustment of controls shall be such that movements to the right or upwards have a positive effect on the variable and movements to the left or downwards a negative effect. |
| --- | --- |

6.

Adjustment of controls shall be such that movements to the right or upwards have a positive effect on the variable and movements to the left or downwards a negative effect.

| 7. | If push-buttons are used, it shall be possible to locate and operate them by touch. They shall also have clearly perceptible contact release. |
| --- | --- |

7.

If push-buttons are used, it shall be possible to locate and operate them by touch. They shall also have clearly perceptible contact release.

| 8. | It must be possible to adjust the brightness of the following variables separately from zero to the value required for operational purposes:






  (a) | radar picture; |
| --- | --- | --- |

8.

It must be possible to adjust the brightness of the following variables separately from zero to the value required for operational purposes:

(a)

radar picture;

| (b) | fixed range circles; |
| --- | --- |

(b)

fixed range circles;

| (c) | variable range circles; |
| --- | --- |

(c)

variable range circles;

| (d) | bearing scale; |
| --- | --- |

(d)

bearing scale;

| (e) | bearing line; |
| --- | --- |

(e)

bearing line;

| (f) | nautical information as specified in Article 3.14(2). |
| --- | --- |

(f)

nautical information as specified in Article 3.14(2).

| 9. | Provided that the difference in brightness of some of the displayed values is only slight and the fixed range circle, the variable range circle and the bearing line can be switched off independently of each other, there may be four brightness controls, one for each of the following groups of values:






  (a) | radar picture and lubber line; |
| --- | --- | --- |

9.

Provided that the difference in brightness of some of the displayed values is only slight and the fixed range circle, the variable range circle and the bearing line can be switched off independently of each other, there may be four brightness controls, one for each of the following groups of values:

(a)

radar picture and lubber line;

| (b) | fixed range circles; |
| --- | --- |

(b)

fixed range circles;

| (c) | variable range circles; |
| --- | --- |

(c)

variable range circles;

| (d) | bearing line and bearing scale and nautical information as specified in Article 3.14(2). |
| --- | --- |

(d)

bearing line and bearing scale and nautical information as specified in Article 3.14(2).

| 10. | The brightness of the lubber line shall be adjustable but shall not be reducible to zero. |
| --- | --- |

10.

The brightness of the lubber line shall be adjustable but shall not be reducible to zero.

| 11. | To switch off the lubber line, there shall be a control with automatic reset. |
| --- | --- |

11.

To switch off the lubber line, there shall be a control with automatic reset.

| 12. | From zero, the anti-clutter devices shall be continuously adjustable. |
| --- | --- |

12.

From zero, the anti-clutter devices shall be continuously adjustable.

Article 4.02

Display

| 1. | ‘Radar picture’ means the scaled representation of radar echoes of the surroundings and their motion relative to the vessel on the display unit's screen from one antenna revolution with the vessel's keel line and the lubber line coinciding at all times. |
| --- | --- |

1.

‘Radar picture’ means the scaled representation of radar echoes of the surroundings and their motion relative to the vessel on the display unit's screen from one antenna revolution with the vessel's keel line and the lubber line coinciding at all times.

| 2. | ‘Display unit’ means that part of the equipment that contains the screen. |
| --- | --- |

2.

‘Display unit’ means that part of the equipment that contains the screen.

| 3. | ‘Screen’ means the low-reflection part of the display unit on which either the radar picture alone, or the radar picture together with additional nautical information, is shown. |
| --- | --- |

3.

‘Screen’ means the low-reflection part of the display unit on which either the radar picture alone, or the radar picture together with additional nautical information, is shown.

| 4. | ‘Effective diameter of the radar picture’ means the diameter of the largest completely circular radar picture which can be shown within the bearing scale. |
| --- | --- |

4.

‘Effective diameter of the radar picture’ means the diameter of the largest completely circular radar picture which can be shown within the bearing scale.

| 5. | ‘Raster scan representation’ means the quasi-static representation of the radar picture from a complete revolution of the antenna, in the form of a television picture. |
| --- | --- |

5.

‘Raster scan representation’ means the quasi-static representation of the radar picture from a complete revolution of the antenna, in the form of a television picture.

Article 4.03

Radar picture characteristics

| 1. | The effective diameter of the radar picture shall be not less than 270 mm. |
| --- | --- |

1.

The effective diameter of the radar picture shall be not less than 270 mm.

| 2. | The diameter of the outer range circle in the range scales specified in Article 3.03 shall be at least 90 % of the effective radar picture diameter.
  For all range scales, the antenna position shall be visible in the radar picture. |
| --- | --- |

2.

The diameter of the outer range circle in the range scales specified in Article 3.03 shall be at least 90 % of the effective radar picture diameter.

For all range scales, the antenna position shall be visible in the radar picture.

Article 4.04

Colour of the display

The display colour shall be chosen on the basis of physiological factors. If various colours can be reproduced on the screen, the actual radar picture shall be monochrome. The reproduction of different colours shall not result in mixed colours, by superimposition, on any part of the screen.

Article 4.05

Picture refreshment rate and persistence

| 1. | The radar picture shown by the display shall be replaced by the up-to-date radar picture within 2,5 seconds. |
| --- | --- |

1.

The radar picture shown by the display shall be replaced by the up-to-date radar picture within 2,5 seconds.

| 2. | Each echo on the screen shall persist for at least the duration of one antenna revolution, but not longer than two antenna revolutions.
  The persistence of the radar picture may be achieved in two fashions: either by a continuous display or by periodical picture refreshment. This periodical picture refreshment shall be effected at not less than 50 Hz. |
| --- | --- |

2.

Each echo on the screen shall persist for at least the duration of one antenna revolution, but not longer than two antenna revolutions.

The persistence of the radar picture may be achieved in two fashions: either by a continuous display or by periodical picture refreshment. This periodical picture refreshment shall be effected at not less than 50 Hz.

| 3. | The difference in brightness between the writing of an echo and its afterglow during one antenna revolution shall be as small as possible. |
| --- | --- |

3.

The difference in brightness between the writing of an echo and its afterglow during one antenna revolution shall be as small as possible.

Article 4.06

Display linearity

| 1. | The linearity error of the radar picture shall not exceed 5 %. |
| --- | --- |

1.

The linearity error of the radar picture shall not exceed 5 %.

| 2. | In all ranges up to 2 000 m a fixed straight shore line at a distance of 30 m from the radar antenna shall be displayed as a straight continuous echo structure without observable distortions. |
| --- | --- |

2.

In all ranges up to 2 000 m a fixed straight shore line at a distance of 30 m from the radar antenna shall be displayed as a straight continuous echo structure without observable distortions.

Article 4.07

Accuracy of range and azimuthal measurements

| 1. | The determination of the distance to a target by means of variable or fixed range circles shall be accurate to ± 10 m or ± 1,5 %, whichever is the larger. |
| --- | --- |

1.

The determination of the distance to a target by means of variable or fixed range circles shall be accurate to ± 10 m or ± 1,5 %, whichever is the larger.

| 2. | The angular value of the bearing of an object shall not differ by more than 1 degree from the real value. |
| --- | --- |

2.

The angular value of the bearing of an object shall not differ by more than 1 degree from the real value.

Article 4.08

Antenna characteristics and emission spectrum

| 1. | The antenna drive system and the antenna shall be such as to allow correct operation at wind speeds of up to 100 km per hour. |
| --- | --- |

1.

The antenna drive system and the antenna shall be such as to allow correct operation at wind speeds of up to 100 km per hour.

| 2. | The antenna drive system shall have a safety switch by means of which the transmitter and the rotator drive can be switched off. |
| --- | --- |

2.

The antenna drive system shall have a safety switch by means of which the transmitter and the rotator drive can be switched off.

| 3. | The horizontal radiation pattern of the antenna, measured in one direction, shall meet the following requirements:






  (a) | – 3 dB, width of the main lobe: maximum 1,2 degrees; |
| --- | --- | --- |

3.

The horizontal radiation pattern of the antenna, measured in one direction, shall meet the following requirements:

(a)

– 3 dB, width of the main lobe: maximum 1,2 degrees;

| (b) | – 20 dB, width of the main lobe: maximum 3,0 degrees; |
| --- | --- |

(b)

– 20 dB, width of the main lobe: maximum 3,0 degrees;

| (c) | side-lobe attenuation within ± 10 degrees around the main lobe: at least – 25 dB; |
| --- | --- |

(c)

side-lobe attenuation within ± 10 degrees around the main lobe: at least – 25 dB;

| (d) | side-lobe attenuation outside ± 10 degrees around the main lobe: at least – 32 dB. |
| --- | --- |

(d)

side-lobe attenuation outside ± 10 degrees around the main lobe: at least – 32 dB.

| 4. | The vertical radiation pattern of the antenna, measured in one direction, shall meet the following requirements:






  (a) | – 3 dB, width of the main lobe: maximum 30 degrees; |
| --- | --- | --- |

4.

The vertical radiation pattern of the antenna, measured in one direction, shall meet the following requirements:

(a)

– 3 dB, width of the main lobe: maximum 30 degrees;

| (b) | the maximum of the main lobe shall be in the horizontal axis; |
| --- | --- |

(b)

the maximum of the main lobe shall be in the horizontal axis;

| (c) | side-lobe attenuation: at least – 25 dB. |
| --- | --- |

(c)

side-lobe attenuation: at least – 25 dB.

| 5. | The radiated high-frequency energy shall be horizontally polarised. |
| --- | --- |

5.

The radiated high-frequency energy shall be horizontally polarised.

| 6. | The operating frequency of the equipment shall be in a range above 9 GHz which is allocated under prevailing ITU Radio Regulations to navigational radar equipment. |
| --- | --- |

6.

The operating frequency of the equipment shall be in a range above 9 GHz which is allocated under prevailing ITU Radio Regulations to navigational radar equipment.

| 7. | The frequency spectrum of the high-frequency energy radiated by the antenna shall be in conformity with ITU Radio Regulations. |
| --- | --- |

7.

The frequency spectrum of the high-frequency energy radiated by the antenna shall be in conformity with ITU Radio Regulations.

Chapter 5

Test conditions and test methods for radar equipment

Article 5.01

Safety, load capacity and interference diffusion

Power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental impact and audible noise emission shall be tested in accordance with IEC publication 945 ‘Marine Navigational Equipment General Requirements’.

Article 5.02

Spurious emissions and electromagnetic compatibility

| 1. | Spurious emissions shall be measured in accordance with IEC publication 945 ‘Marine Navigational Equipment Interference’ in the frequency range of 30 to 2 000 MHz.
  The requirements of Article 2.02(1) shall be met. |
| --- | --- |

1.

Spurious emissions shall be measured in accordance with IEC publication 945 ‘Marine Navigational Equipment Interference’ in the frequency range of 30 to 2 000 MHz.

The requirements of Article 2.02(1) shall be met.

| 2. | The electromagnetic compatibility requirements of Article 2.02(2) shall be met. |
| --- | --- |

2.

The electromagnetic compatibility requirements of Article 2.02(2) shall be met.

Article 5.03

Test procedure

| 1. | The test field shown in Appendix 2 for the testing of radar equipment shall be arranged on a calm water surface at least 1,5 km long and 0,3 km wide, or on terrain with equivalent reflection properties. |
| --- | --- |

1.

The test field shown in Appendix 2 for the testing of radar equipment shall be arranged on a calm water surface at least 1,5 km long and 0,3 km wide, or on terrain with equivalent reflection properties.

| 2. | A standard reflector shall be a radar reflector which, at a wavelength of 3,2 cm, has an equivalent radar cross-section of 10 m2.
  The equivalent radar cross-section (sigma) of a three-axis radar reflector with triangular surfaces for a frequency of 9 GHz (3,2 cm) shall be calculated according to the following formula:








  a | = | edge length in m |
| --- | --- | --- | --- |

2.

A standard reflector shall be a radar reflector which, at a wavelength of 3,2 cm, has an equivalent radar cross-section of 10 m2.

2

The equivalent radar cross-section (sigma) of a three-axis radar reflector with triangular surfaces for a frequency of 9 GHz (3,2 cm) shall be calculated according to the following formula:

a

=

edge length in m

For a standard reflector with triangular surfaces, the edge length a = 0,222 m.

The dimensions of the reflectors used for the testing of range and discrimination at a wavelength of 3,2 cm shall also be used when the radar equipment under test has a wavelength other than 3,2 cm.

| 3. | Standard reflectors shall be set up at distances of 15 m, 30 m, 45 m, 60 m, 85 m, 300 m, 800 m, 1 170 m, 1 185 m and 1 200 m from the antenna position.
  Beside the standard reflector at 85 m, standard reflectors shall be set up at a distance of 5 m on both sides, at right angles to the bearing line.
  Beside the standard reflector at 300 m, a reflector with an equivalent radar cross-section of 300 m2 shall be set up at a distance of 18 m, at right angles to the bearing line.
  Further reflectors with an equivalent radar cross-section of 1 m2 and 1 000 m2 shall be set up at an azimuthal angle to each other of at least 15 degrees, at the same distance of 300 m from the antenna.
  Beside the standard reflector at 1 200 m, standard reflectors and a reflector with a radar cross-section of 1 m2 shall be set up at a distance of 30 m on both sides, at right angles to the bearing line. |
| --- | --- |

3.

Standard reflectors shall be set up at distances of 15 m, 30 m, 45 m, 60 m, 85 m, 300 m, 800 m, 1 170 m, 1 185 m and 1 200 m from the antenna position.

Beside the standard reflector at 85 m, standard reflectors shall be set up at a distance of 5 m on both sides, at right angles to the bearing line.

Beside the standard reflector at 300 m, a reflector with an equivalent radar cross-section of 300 m2 shall be set up at a distance of 18 m, at right angles to the bearing line.

2

Further reflectors with an equivalent radar cross-section of 1 m2 and 1 000 m2 shall be set up at an azimuthal angle to each other of at least 15 degrees, at the same distance of 300 m from the antenna.

2

2

Beside the standard reflector at 1 200 m, standard reflectors and a reflector with a radar cross-section of 1 m2 shall be set up at a distance of 30 m on both sides, at right angles to the bearing line.

2

| 4. | The radar equipment shall be adjusted to the best quality of picture. The gain must be adjusted in such a way that, in the area immediately beyond the range of operation of the anti-clutter control, noise can no longer be seen.
  The sea-clutter suppression control (STC) shall be set at minimum, while the rain-clutter suppression control (FTC) shall be switched off. All controls that influence picture quality shall be left unchanged for the duration of the test at a specific antenna height and be fixed in an appropriate way. |
| --- | --- |

4.

The radar equipment shall be adjusted to the best quality of picture. The gain must be adjusted in such a way that, in the area immediately beyond the range of operation of the anti-clutter control, noise can no longer be seen.

The sea-clutter suppression control (STC) shall be set at minimum, while the rain-clutter suppression control (FTC) shall be switched off. All controls that influence picture quality shall be left unchanged for the duration of the test at a specific antenna height and be fixed in an appropriate way.

| 5. | The antenna shall be set up at any desired height between 5 and 10 m above the surface of the water or the ground. The reflectors shall be set up at such a height above the surface of the water or of the ground that their effective radar return corresponds to the value specified in paragraph 2. |
| --- | --- |

5.

The antenna shall be set up at any desired height between 5 and 10 m above the surface of the water or the ground. The reflectors shall be set up at such a height above the surface of the water or of the ground that their effective radar return corresponds to the value specified in paragraph 2.

| 6. | All reflectors set up within the selected range shall, at all distances up to and including 1 200 m, be shown on the screen simultaneously as clearly separated targets, regardless of the azimuthal position of the test field in relation to the lubber line.
  Signals from radar beacons as described in Article 3.11 shall be displayed clearly.
  All requirements specified in these provisions shall be met at any antenna height between 5 and 10 m, with only essential adjustments of the controls being authorised. |
| --- | --- |

6.

All reflectors set up within the selected range shall, at all distances up to and including 1 200 m, be shown on the screen simultaneously as clearly separated targets, regardless of the azimuthal position of the test field in relation to the lubber line.

Signals from radar beacons as described in Article 3.11 shall be displayed clearly.

All requirements specified in these provisions shall be met at any antenna height between 5 and 10 m, with only essential adjustments of the controls being authorised.

Article 5.04

Antenna measurements

The antenna characteristics shall be measured in accordance with IEC publication 936 ‘Shipborne Radar’.

Appendix 1

Angular resolution in ranges up to and including 1 200 m

Appendix 2

Test field for determination of the resolution of radar equipment

PART IV

MINIMUM REQUIREMENTS AND TEST CONDITIONS FOR RATE-OF-TURN INDICATORS USED IN INLAND WATERWAY VESSELS

Contents

| Chapter 1 | General |
| --- | --- |

Chapter 1

| Article 1.01 | Scope |
| --- | --- |

Article 1.01

| Article 1.02 | Purpose of the rate-of-turn indicator |
| --- | --- |

Article 1.02

| Article 1.03 | Approval testing |
| --- | --- |

Article 1.03

| Article 1.04 | Application for approval testing |
| --- | --- |

Article 1.04

| Article 1.05 | Type-approval |
| --- | --- |

Article 1.05

| Article 1.06 | Marking of the equipment and approval number |
| --- | --- |

Article 1.06

| Article 1.07 | Manufacturer's declaration |
| --- | --- |

Article 1.07

| Article 1.08 | Modifications to approved equipment |
| --- | --- |

Article 1.08

| Chapter 2 | General minimum requirements for rate-of-turn indicators |
| --- | --- |

Chapter 2

| Article 2.01 | Construction, design |
| --- | --- |

Article 2.01

| Article 2.02 | Spurious emissions and electromagnetic compatibility |
| --- | --- |

Article 2.02

| Article 2.03 | Operation |
| --- | --- |

Article 2.03

| Article 2.04 | Operating instructions |
| --- | --- |

Article 2.04

| Article 2.05 | Installation and operating tests |
| --- | --- |

Article 2.05

| Chapter 3 | Minimum operational requirements for rate-of-turn indicators |
| --- | --- |

Chapter 3

| Article 3.01 | Operational readiness of the rate-of-turn indicator |
| --- | --- |

Article 3.01

| Article 3.02 | Indication of the rate of turn |
| --- | --- |

Article 3.02

| Article 3.03 | Measuring ranges |
| --- | --- |

Article 3.03

| Article 3.04 | Accuracy of the indicated rate of turn |
| --- | --- |

Article 3.04

| Article 3.05 | Sensitivity |
| --- | --- |

Article 3.05

| Article 3.06 | Monitoring of operation |
| --- | --- |

Article 3.06

| Article 3.07 | Insensitivity to other normal movements of the vessel |
| --- | --- |

Article 3.07

| Article 3.08 | Insensitivity to magnetic fields |
| --- | --- |

Article 3.08

| Article 3.09 | Slave indicators |
| --- | --- |

Article 3.09

| Chapter 4 | Minimum technical requirements for rate-of-turn indicators |
| --- | --- |

Chapter 4

| Article 4.01 | Operation |
| --- | --- |

Article 4.01

| Article 4.02 | Damping devices |
| --- | --- |

Article 4.02

| Article 4.03 | Connection of additional equipment |
| --- | --- |

Article 4.03

| Chapter 5 | Test conditions and procedures for rate-of-turn indicators |
| --- | --- |

Chapter 5

| Article 5.01 | Safety, load capacity and interference diffusion |
| --- | --- |

Article 5.01

| Article 5.02 | Spurious emissions and electromagnetic compatibility |
| --- | --- |

Article 5.02

| Article 5.03 | Test procedure |
| --- | --- |

Article 5.03

| Appendix | Maximum tolerances for indication errors of rate-of-turn indicators |
| --- | --- |

Appendix

Chapter 1

General

Article 1.01

Scope

These provisions set out the minimum technical and operational requirements for rate-of-turn indicators used in inland waterway vessels, as well as the conditions for testing conformity with these minimum requirements.

Article 1.02

Purpose of the rate-of-turn indicator

The rate-of-turn indicator is intended to facilitate radar navigation, and to measure and indicate the rate of turn of the vessel to port or starboard.

Article 1.03

Approval testing

Rate-of-turn indicators may not be installed on board vessels until it has been established by means of a type test that they meet the minimum requirements laid down in these provisions.

Article 1.04

Application for approval testing

| 1. | Applications for a type-test of rate-of-turn indicators shall be submitted to a competent testing authority in one of the Member States.
  The competent testing authorities shall be made known to the Committee. |
| --- | --- |

1.

Applications for a type-test of rate-of-turn indicators shall be submitted to a competent testing authority in one of the Member States.

The competent testing authorities shall be made known to the Committee.

| 2. | Each application shall be accompanied by the following documents:






  (a) | two copies of a detailed technical description; |
| --- | --- | --- |

2.

Each application shall be accompanied by the following documents:

(a)

two copies of a detailed technical description;

| (b) | two complete sets of installation and service documents; |
| --- | --- |

(b)

two complete sets of installation and service documents;

| (c) | two copies of an operator's manual. |
| --- | --- |

(c)

two copies of an operator's manual.

| 3. | By means of tests, the applicant shall establish or have it established that the radar equipment meets the minimum requirements of these provisions.
  The results of the test and the measurement reports shall be attached to the application.
  These documents and the information obtained during testing shall be kept by the competent testing authority. |
| --- | --- |

3.

By means of tests, the applicant shall establish or have it established that the radar equipment meets the minimum requirements of these provisions.

The results of the test and the measurement reports shall be attached to the application.

These documents and the information obtained during testing shall be kept by the competent testing authority.

| 4. | For approval testing purposes, ‘applicant’ means any legal or natural person under whose name, trademark or any other form of identification the equipment submitted for testing is manufactured or marketed. |
| --- | --- |

4.

For approval testing purposes, ‘applicant’ means any legal or natural person under whose name, trademark or any other form of identification the equipment submitted for testing is manufactured or marketed.

Article 1.05

Type-approval

| 1. | If the equipment passes the type test, the competent testing authority shall issue a certificate of conformity.
  If the equipment fails to meet the minimum requirements, the applicant shall be notified in writing of the reasons for its rejection.
  Approval shall be granted by the competent authority.
  The competent authority shall inform the Committee of the equipment it has approved. |
| --- | --- |

1.

If the equipment passes the type test, the competent testing authority shall issue a certificate of conformity.

If the equipment fails to meet the minimum requirements, the applicant shall be notified in writing of the reasons for its rejection.

Approval shall be granted by the competent authority.

The competent authority shall inform the Committee of the equipment it has approved.

| 2. | Each testing authority shall be entitled to select equipment from the production series at any time for inspection.
  If this inspection reveals defects in the equipment, type-approval may be withdrawn.
  The type-approval shall be withdrawn by the authority that issued it. |
| --- | --- |

2.

Each testing authority shall be entitled to select equipment from the production series at any time for inspection.

If this inspection reveals defects in the equipment, type-approval may be withdrawn.

The type-approval shall be withdrawn by the authority that issued it.

| 3. | The type-approval shall be valid for a period of 10 years and may be renewed on request. |
| --- | --- |

3.

The type-approval shall be valid for a period of 10 years and may be renewed on request.

Article 1.06

Marking of the equipment and approval number

| 1. | Each component of the equipment shall be marked indelibly with the name of the manufacturer, the trade designation of the equipment, the type of equipment and the serial number. |
| --- | --- |

1.

Each component of the equipment shall be marked indelibly with the name of the manufacturer, the trade designation of the equipment, the type of equipment and the serial number.

| 2. | The approval number assigned by the competent authority shall be affixed indelibly to the control unit in such a way that it remains clearly visible after the equipment has been installed.
  Composition of an approval number:
  e-NN-NNN
  (e= European Union
  NN= code for the country of approval, where












  1 | = Germany |
| --- | --- | --- |

2.

The approval number assigned by the competent authority shall be affixed indelibly to the control unit in such a way that it remains clearly visible after the equipment has been installed.

Composition of an approval number:

e-NN-NNN

(e= European Union

NN= code for the country of approval, where

1

= Germany

| 18 | = Denmark |
| --- | --- |

18

= Denmark

| 2 | = France |
| --- | --- |

2

= France

| 20 | = Poland |
| --- | --- |

20

= Poland

| 3 | = Italy |
| --- | --- |

3

= Italy

| 21 | = Portugal |
| --- | --- |

21

= Portugal

| 4 | = Netherlands |
| --- | --- |

4

= Netherlands

| 23 | = Greece |
| --- | --- |

23

= Greece

| 5 | = Sweden |
| --- | --- |

5

= Sweden

| 24 | = Ireland |
| --- | --- |

24

= Ireland

| 6 | = Belgium |
| --- | --- |

6

= Belgium

| 26 | = Slovenia |
| --- | --- |

26

= Slovenia

| 7 | = Hungary |
| --- | --- |

7

= Hungary

| 27 | = Slovakia |
| --- | --- |

27

= Slovakia

| 8 | = Czech Republic |
| --- | --- |

8

= Czech Republic

| 29 | = Estonia |
| --- | --- |

29

= Estonia

| 9 | = Spain |
| --- | --- |

9

= Spain

| 32 | = Latvia |
| --- | --- |

32

= Latvia

| 11 | = United Kingdom |
| --- | --- |

11

= United Kingdom

| 36 | = Lithuania |
| --- | --- |

36

= Lithuania

| 12 | = Austria |
| --- | --- |

12

= Austria

| 49 | = Cyprus |
| --- | --- |

49

= Cyprus

| 13 | = Luxembourg |
| --- | --- |

13

= Luxembourg

| 50 | = Malta |
| --- | --- |

50

= Malta

| 17 | = Finland |
| --- | --- |

17

= Finland

NNN= three-digit number, to be determined by the competent authority.)

| 3. | The approval number shall be used only in conjunction with the associated approval.
  It shall be the responsibility of the applicant to produce and affix the approval number. |
| --- | --- |

3.

The approval number shall be used only in conjunction with the associated approval.

It shall be the responsibility of the applicant to produce and affix the approval number.

| 4. | The competent authority shall immediately inform the Committee of the approval number assigned. |
| --- | --- |

4.

The competent authority shall immediately inform the Committee of the approval number assigned.

Article 1.07

Manufacturer's declaration

Each unit of equipment shall be accompanied by a manufacturer's declaration to the effect that it meets the prevailing minimum requirements and that is identical in every respect to the equipment submitted for testing.

Article 1.08

Modifications to approved equipment

| 1. | Any modification made to equipment already approved shall cause the type-approval to be withdrawn.
  Whenever modifications are planned, details shall be sent in writing to the competent testing authority. |
| --- | --- |

1.

Any modification made to equipment already approved shall cause the type-approval to be withdrawn.

Whenever modifications are planned, details shall be sent in writing to the competent testing authority.

| 2. | The competent testing authority shall decide whether the approval still applies or whether an inspection or new type-test is necessary. If a new approval is granted, a new approval number shall be assigned. |
| --- | --- |

2.

The competent testing authority shall decide whether the approval still applies or whether an inspection or new type-test is necessary. If a new approval is granted, a new approval number shall be assigned.

Chapter 2

General minimum requirements for rate-of-turn indicators

Article 2.01

Construction, design

| 1. | Rate-of-turn indicators shall be suitable for operation on board inland waterway vessels. |
| --- | --- |

1.

Rate-of-turn indicators shall be suitable for operation on board inland waterway vessels.

| 2. | The construction and design of the equipment shall be in accordance with the state of the art, both mechanically and electrically. |
| --- | --- |

2.

The construction and design of the equipment shall be in accordance with the state of the art, both mechanically and electrically.

| 3. | In the absence of any specific provision in Annex II to this Directive or in these provisions, the requirements and test methods contained in IEC publication 945 ‘Marine Navigational Equipment General Requirements’ shall apply to power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental influences, audible noise emission and equipment markings.
  Additionally, the equipment shall satisfy all requirements of these provisions at ambient temperatures between 0 °C and 40 °C. |
| --- | --- |

3.

In the absence of any specific provision in Annex II to this Directive or in these provisions, the requirements and test methods contained in IEC publication 945 ‘Marine Navigational Equipment General Requirements’ shall apply to power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental influences, audible noise emission and equipment markings.

Additionally, the equipment shall satisfy all requirements of these provisions at ambient temperatures between 0 °C and 40 °C.

Article 2.02

Spurious emissions and electromagnetic compatibility

| 1. | In the frequency range of 30 to 2000 MHz, the field strength of spurious emissions shall not exceed 500 μV/m.
  In the frequency ranges of 156 to 165 MHz, 450 to 470 MHz and 1,53 to 1,544 GHz the field strength shall not exceed a value of 15 μV/m. These field strengths shall apply at a test distance of 3 metres from the equipment under test. |
| --- | --- |

1.

In the frequency range of 30 to 2000 MHz, the field strength of spurious emissions shall not exceed 500 μV/m.

In the frequency ranges of 156 to 165 MHz, 450 to 470 MHz and 1,53 to 1,544 GHz the field strength shall not exceed a value of 15 μV/m. These field strengths shall apply at a test distance of 3 metres from the equipment under test.

| 2. | The equipment shall satisfy the minimum requirements at electromagnetic field strengths of up to 15 V/m in the immediate vicinity of the equipment under test in the frequency range of 30 to 2 000 MHz. |
| --- | --- |

2.

The equipment shall satisfy the minimum requirements at electromagnetic field strengths of up to 15 V/m in the immediate vicinity of the equipment under test in the frequency range of 30 to 2 000 MHz.

Article 2.03

Operation

| 1. | The equipment shall not have more controls than are necessary for its correct operation.
  The design, markings and manipulation of the controls shall be such as to permit their simple, unambiguous and fast operation. Their arrangement shall be such as to prevent operating mistakes as far as possible.
  Controls not necessary for normal operation shall not be immediately accessible. |
| --- | --- |

1.

The equipment shall not have more controls than are necessary for its correct operation.

The design, markings and manipulation of the controls shall be such as to permit their simple, unambiguous and fast operation. Their arrangement shall be such as to prevent operating mistakes as far as possible.

Controls not necessary for normal operation shall not be immediately accessible.

| 2. | All controls and indicators shall be provided with symbols and/or markings in English. Symbols shall meet the requirements contained in IEC publication No 417.
  All numerals and letters shall be at least 4 mm high. If it can be demonstrated that, for technical reasons, numerals and letters 4 mm high are not possible and if for the purposes of operation smaller numerals and letters are acceptable, a reduction to 3 mm shall be allowed. |
| --- | --- |

2.

All controls and indicators shall be provided with symbols and/or markings in English. Symbols shall meet the requirements contained in IEC publication No 417.

All numerals and letters shall be at least 4 mm high. If it can be demonstrated that, for technical reasons, numerals and letters 4 mm high are not possible and if for the purposes of operation smaller numerals and letters are acceptable, a reduction to 3 mm shall be allowed.

| 3. | The equipment shall be designed in such a way that operating mistakes cannot cause its failure. |
| --- | --- |

3.

The equipment shall be designed in such a way that operating mistakes cannot cause its failure.

| 4. | Any functions over and above the minimum requirements, such as facilities for connection to other equipment, shall be provided in such a way that the equipment meets the minimum requirements under all conditions. |
| --- | --- |

4.

Any functions over and above the minimum requirements, such as facilities for connection to other equipment, shall be provided in such a way that the equipment meets the minimum requirements under all conditions.

Article 2.04

Operating instructions

A detailed operator's manual shall be supplied with each unit. It shall be available in Dutch, English, French and German and shall contain at least the following information:

| (a) | activation and operation; |
| --- | --- |

(a)

activation and operation;

| (b) | maintenance and servicing; |
| --- | --- |

(b)

maintenance and servicing;

| (c) | general safety instructions. |
| --- | --- |

(c)

general safety instructions.

Article 2.05

Installation and operating tests

| 1. | Installation, replacement and operating tests shall be in accordance with the requirements of Part V. |
| --- | --- |

1.

Installation, replacement and operating tests shall be in accordance with the requirements of Part V.

| 2. | The direction of installation in relation to the keel line shall be indicated on the rate-of-turn indicator's sensor unit. Installation instructions to ensure maximum insensitivity to other normal movements of the vessel shall be provided. |
| --- | --- |

2.

The direction of installation in relation to the keel line shall be indicated on the rate-of-turn indicator's sensor unit. Installation instructions to ensure maximum insensitivity to other normal movements of the vessel shall be provided.

Chapter 3

Minimum operational requirements for rate-of-turn indicators

Article 3.01

Operational readiness of the rate-of-turn indicator

| 1. | From a cold start, the rate-of-turn indicator shall be fully operational within four minutes and shall operate to within the required accuracy tolerances. |
| --- | --- |

1.

From a cold start, the rate-of-turn indicator shall be fully operational within four minutes and shall operate to within the required accuracy tolerances.

| 2. | A warning signal shall indicate that the indicator is switched on. It shall be possible to observe and operate the rate-of-turn indicator simultaneously. |
| --- | --- |

2.

A warning signal shall indicate that the indicator is switched on. It shall be possible to observe and operate the rate-of-turn indicator simultaneously.

| 3. | Cordless remote controls shall not be permitted. |
| --- | --- |

3.

Cordless remote controls shall not be permitted.

Article 3.02

Indication of the rate of turn

| 1. | The rate of turn shall be indicated on a linear graduated scale having the zero point situated in the middle. It shall be possible to read the direction and extent of the rate of turn with the necessary accuracy. Needle indicators and bar-graphs shall be permitted. |
| --- | --- |

1.

The rate of turn shall be indicated on a linear graduated scale having the zero point situated in the middle. It shall be possible to read the direction and extent of the rate of turn with the necessary accuracy. Needle indicators and bar-graphs shall be permitted.

| 2. | The indicator scale shall be at least 20 cm long and may be circular or rectilinear.
  Rectilinear scales may be arranged horizontally only. |
| --- | --- |

2.

The indicator scale shall be at least 20 cm long and may be circular or rectilinear.

Rectilinear scales may be arranged horizontally only.

| 3. | Solely digital indicators shall not be permitted. |
| --- | --- |

3.

Solely digital indicators shall not be permitted.

Article 3.03

Measuring ranges

Rate-of-turn indicators may be provided with one or more measuring ranges. The following measuring ranges are recommended:

| | 30°/minute |
| --- | --- |

30°/minute

| | 60°/minute |
| --- | --- |

60°/minute

| | 90°/minute |
| --- | --- |

90°/minute

| | 180°/minute |
| --- | --- |

180°/minute

| | 300°/minute. |
| --- | --- |

300°/minute.

Article 3.04

Accuracy of the indicated rate of turn

The indicated rate of turn shall not differ by more than 2 % from the measurable maximum value or by more than 10 % from the actual value, whichever is the greater (see Appendix).

Article 3.05

Sensitivity

The operating threshold shall be less than or equal to a change in angular speed equivalent to l % of the indicated value.

Article 3.06

Monitoring of operation

| 1. | If the rate-of-turn indicator does not operate within the required accuracy range, this shall be indicated. |
| --- | --- |

1.

If the rate-of-turn indicator does not operate within the required accuracy range, this shall be indicated.

| 2. | If a gyroscope is used, any critical fall in the rate of rotation of the gyroscope shall be signalled by an indicator. A critical fall in the rate of rotation of the gyroscope is one which lowers accuracy by 10 %. |
| --- | --- |

2.

If a gyroscope is used, any critical fall in the rate of rotation of the gyroscope shall be signalled by an indicator. A critical fall in the rate of rotation of the gyroscope is one which lowers accuracy by 10 %.

Article 3.07

Insensitivity to other normal movements of the vessel

| 1. | Rolling of the vessel of up to 10° at a rate of turn of up to 4° per second shall not give rise to measurement errors in excess of the stipulated tolerances. |
| --- | --- |

1.

Rolling of the vessel of up to 10° at a rate of turn of up to 4° per second shall not give rise to measurement errors in excess of the stipulated tolerances.

| 2. | Impacts such as those that may occur during berthing shall not give rise to measurement errors in excess of the stipulated tolerances. |
| --- | --- |

2.

Impacts such as those that may occur during berthing shall not give rise to measurement errors in excess of the stipulated tolerances.

Article 3.08

Insensitivity to magnetic fields

The rate-of-turn indicator shall be insensitive to magnetic fields which typically occur on board the vessel.

Article 3.09

Slave indicators

Slave indicators shall comply with all requirements applicable to rate-of-turn indicators.

Chapter 4

Minimum technical requirements for rate-of-turn indicators

Article 4.01

Operation

| 1. | All controls shall be so arranged that during their operation no information is concealed from view and radar navigation remains unimpaired. |
| --- | --- |

1.

All controls shall be so arranged that during their operation no information is concealed from view and radar navigation remains unimpaired.

| 2. | All controls and indicators shall be provided with a dazzle-free source of lighting appropriate for all ambient lighting conditions and adjustable down to zero by means of an independent control. |
| --- | --- |

2.

All controls and indicators shall be provided with a dazzle-free source of lighting appropriate for all ambient lighting conditions and adjustable down to zero by means of an independent control.

| 3. | Adjustment of controls shall be such that movements to the right or upwards have a positive effect on the variable and movements to the left or downwards a negative effect. |
| --- | --- |

3.

Adjustment of controls shall be such that movements to the right or upwards have a positive effect on the variable and movements to the left or downwards a negative effect.

| 4. | If push-buttons are used, it shall be possible to locate and operate them by touch. They shall also have clearly perceptible contact release. |
| --- | --- |

4.

If push-buttons are used, it shall be possible to locate and operate them by touch. They shall also have clearly perceptible contact release.

Article 4.02

Damping devices

| 1. | The sensor system shall be damped for critical values. The damping constant (63 % of the limit value) shall not exceed 0,4 seconds. |
| --- | --- |

1.

The sensor system shall be damped for critical values. The damping constant (63 % of the limit value) shall not exceed 0,4 seconds.

| 2. | The indicator shall be damped for critical values.
  Controls for increasing damping shall be permitted.
  Under no circumstances may the damping constant exceed five seconds. |
| --- | --- |

2.

The indicator shall be damped for critical values.

Controls for increasing damping shall be permitted.

Under no circumstances may the damping constant exceed five seconds.

Article 4.03

Connection of additional equipment

| 1. | If the rate-of-turn indicator can be connected to slave indicators or similar equipment, the rate-of-turn indication shall remain usable as an electric signal.
  The rate of turn shall continue to be indicated with galvanic earth insulation and the equivalent to an analogue voltage of 20 mV/degree ± 5 % and a maximum internal resistance of 100 ohms.
  Polarity shall be positive when the vessel is turning to starboard and negative when it is turning to port.
  The operating threshold shall not exceed 0,3°/minute.
  Zero error shall not exceed 1°/minute at temperatures from 0 °C to 40 °C.
  With the indicator switched on and the sensor not exposed to the effects of movement, the spurious voltage at the output signal measured with a 10 Hz pass-band low-pass filter shall not exceed 10 mV.
  The rate-of-turn signal shall be received without additional damping beyond the limits referred to in Article 4.02(1). |
| --- | --- |

1.

If the rate-of-turn indicator can be connected to slave indicators or similar equipment, the rate-of-turn indication shall remain usable as an electric signal.

The rate of turn shall continue to be indicated with galvanic earth insulation and the equivalent to an analogue voltage of 20 mV/degree ± 5 % and a maximum internal resistance of 100 ohms.

Polarity shall be positive when the vessel is turning to starboard and negative when it is turning to port.

The operating threshold shall not exceed 0,3°/minute.

Zero error shall not exceed 1°/minute at temperatures from 0 °C to 40 °C.

With the indicator switched on and the sensor not exposed to the effects of movement, the spurious voltage at the output signal measured with a 10 Hz pass-band low-pass filter shall not exceed 10 mV.

The rate-of-turn signal shall be received without additional damping beyond the limits referred to in Article 4.02(1).

| 2. | An external alarm switch shall be provided. The switch shall be installed as a galvanic insulation break-switch for the indicator.
  The external alarm shall be triggered by contact closure:






  (a) | if the rate-of-turn indicator is disconnected; or |
| --- | --- | --- |

2.

An external alarm switch shall be provided. The switch shall be installed as a galvanic insulation break-switch for the indicator.

The external alarm shall be triggered by contact closure:

(a)

if the rate-of-turn indicator is disconnected; or

| (b) | if the rate-of-turn indicator is not in operation; or |
| --- | --- |

(b)

if the rate-of-turn indicator is not in operation; or

| (c) | if the operating control has reacted following an excessive error (Article 3.06). |
| --- | --- |

(c)

if the operating control has reacted following an excessive error (Article 3.06).

Chapter 5

Test conditions and procedures for rate-of-turn indicators

Article 5.01

Safety, load capacity and interference diffusion

Power supply, safety, mutual interference of shipborne equipment, compass safe distance, resistance to climatic influences, mechanical strength, environmental impact and audible noise emission shall be tested in accordance with IEC publication 945 ‘Marine Navigational Equipment General Requirements’.

Article 5.02

Spurious emissions and electromagnetic compatibility

| 1. | Spurious emissions shall be measured in accordance with IEC publication 945 ‘Marine Navigational Equipment Interference’ in the frequency range of 30 to 2 000 MHz.
  The requirements of Article 2.02(1) shall be met. |
| --- | --- |

1.

Spurious emissions shall be measured in accordance with IEC publication 945 ‘Marine Navigational Equipment Interference’ in the frequency range of 30 to 2 000 MHz.

The requirements of Article 2.02(1) shall be met.

| 2. | The electromagnetic compatibility requirements of Article 2.02(2) shall be met. |
| --- | --- |

2.

The electromagnetic compatibility requirements of Article 2.02(2) shall be met.

Article 5.03

Test procedure

| 1. | Rate-of-turn indicators shall be brought into operation and tested under nominal and boundary conditions. In this regard, the influence of the operating voltage and of the ambient temperature shall be tested as far as the prescribed limit value.
  In addition, radio transmitters shall be used to set up the maximum magnetic fields in the vicinity of the indicators. |
| --- | --- |

1.

Rate-of-turn indicators shall be brought into operation and tested under nominal and boundary conditions. In this regard, the influence of the operating voltage and of the ambient temperature shall be tested as far as the prescribed limit value.

In addition, radio transmitters shall be used to set up the maximum magnetic fields in the vicinity of the indicators.

| 2. | Under the conditions described in paragraph 1, indicator errors shall remain within the tolerances indicated in the Appendix.
  All other requirements shall be met. |
| --- | --- |

2.

Under the conditions described in paragraph 1, indicator errors shall remain within the tolerances indicated in the Appendix.

All other requirements shall be met.

Appendix

Maximum tolerances for indication errors of rate-of-turn indicators

Image

PART V

REQUIREMENTS FOR INSTALLATION AND PERFORMANCE TESTS FOR RADAR EQUIPMENT AND RATE-OF-TURN INDICATORS USED IN INLAND WATERWAY VESSELS

Contents

| Article 1 | Scope |
| --- | --- |

Article 1

| Article 2 | Approval of equipment |
| --- | --- |

Article 2

| Article 3 | Approved specialised firms |
| --- | --- |

Article 3

| Article 4 | Requirements for on-board power supply |
| --- | --- |

Article 4

| Article 5 | Installation of the radar antenna |
| --- | --- |

Article 5

| Article 6 | Installation of the display unit and the control unit |
| --- | --- |

Article 6

| Article 7 | Installation of the rate-of-turn indicator |
| --- | --- |

Article 7

| Article 8 | Installation of the position sensor |
| --- | --- |

Article 8

| Article 9 | Installation and performance test |
| --- | --- |

Article 9

| Article 10 | Installation and performance certificate |
| --- | --- |

Article 10

| Appendix | Model installation and performance certificate for radar equipment and rate-of-turn indicators |
| --- | --- |

Appendix

Appendix

Article 1

Scope

The purpose of these requirements is to ensure that in the interest of safety and orderly radar navigation on inland waterways in the Community, navigational radar equipment and rate-of-turn indicators are installed according to optimum technical and ergonomic standards and that installation is followed by a performance test. Inland ECDIS equipment that can be used in navigation mode counts as navigational radar equipment within the meaning of these provisions.

Article 2

Approval of equipment

For radar navigation on inland waterways in the Community, only equipment approved according to the applicable provisions of this Directive or of the Central Commission for Navigation on the Rhine and bearing an approval number shall be authorised for installation.

Article 3

Approved specialised firms

| 1. | The installation, replacement, repair or maintenance of radar equipment and rate-of-turn indicators shall be carried out only by specialised firms approved by the competent authority in accordance with Article 1. |
| --- | --- |

1.

The installation, replacement, repair or maintenance of radar equipment and rate-of-turn indicators shall be carried out only by specialised firms approved by the competent authority in accordance with Article 1.

| 2. | Approval may be granted by the competent authority for a limited period and may be withdrawn by the competent authority at any time if the conditions in Article 1 are no longer met. |
| --- | --- |

2.

Approval may be granted by the competent authority for a limited period and may be withdrawn by the competent authority at any time if the conditions in Article 1 are no longer met.

| 3. | The competent authority shall immediately notify the Committee of the specialised firms which it has approved. |
| --- | --- |

3.

The competent authority shall immediately notify the Committee of the specialised firms which it has approved.

Article 4

Requirements for on-board power supply

All power supply leads for radar equipment and rate-of-turn indicators shall have their own separate safety devices and if possible be fail-safe.

Article 5

Installation of the radar antenna

| 1. | The radar antenna shall be installed as close as possible to the fore-and-aft-line. There shall be no obstruction in the vicinity of the antenna causing false echoes or unwanted shadows; if necessary, the antenna shall be mounted on the forecastle. The mounting and attachment of the radar antenna in its operational position shall be sufficiently stable to enable the radar equipment to perform within the required accuracy limits. |
| --- | --- |

1.

The radar antenna shall be installed as close as possible to the fore-and-aft-line. There shall be no obstruction in the vicinity of the antenna causing false echoes or unwanted shadows; if necessary, the antenna shall be mounted on the forecastle. The mounting and attachment of the radar antenna in its operational position shall be sufficiently stable to enable the radar equipment to perform within the required accuracy limits.

| 2. | After the angular error in the mounting has been corrected and the equipment has been switched on, the difference between lubber line and fore-and-aft-line shall not be greater than 1 degree. |
| --- | --- |

2.

After the angular error in the mounting has been corrected and the equipment has been switched on, the difference between lubber line and fore-and-aft-line shall not be greater than 1 degree.

Article 6

Installation of the display unit and the control unit

| 1. | The display unit and control unit shall be installed in the wheelhouse in such a way that the evaluation of the radar picture and the operation of the equipment present no difficulty. The azimuthal orientation of the radar picture shall be in accordance with the normal situation of the surroundings. Clamps and adjustable consoles are to be constructed in such a way that they can be locked in any position free of vibration. |
| --- | --- |

1.

The display unit and control unit shall be installed in the wheelhouse in such a way that the evaluation of the radar picture and the operation of the equipment present no difficulty. The azimuthal orientation of the radar picture shall be in accordance with the normal situation of the surroundings. Clamps and adjustable consoles are to be constructed in such a way that they can be locked in any position free of vibration.

| 2. | During radar navigation, artificial lighting shall not be reflected in the direction of the radar operator. |
| --- | --- |

2.

During radar navigation, artificial lighting shall not be reflected in the direction of the radar operator.

| 3. | When the control unit is not part of the display unit, it shall be located in a housing within 1 metre of the display unit. Cordless remote controls shall not be permitted. |
| --- | --- |

3.

When the control unit is not part of the display unit, it shall be located in a housing within 1 metre of the display unit. Cordless remote controls shall not be permitted.

| 4. | If slave indicators are installed, they shall satisfy the requirements which apply to navigational radar equipment. |
| --- | --- |

4.

If slave indicators are installed, they shall satisfy the requirements which apply to navigational radar equipment.

Article 7

Installation of the rate-of-turn indicator

| 1. | The sensor system shall be installed as far as possible amidships, horizontal and aligned with the ship's fore-and-aft-line. The installation site shall as far as possible be free of vibration and be liable to modest temperature variations. The indicator unit shall if possible be installed above the radar display. |
| --- | --- |

1.

The sensor system shall be installed as far as possible amidships, horizontal and aligned with the ship's fore-and-aft-line. The installation site shall as far as possible be free of vibration and be liable to modest temperature variations. The indicator unit shall if possible be installed above the radar display.

| 2. | If slave indicators are installed, they shall satisfy the requirements which apply to rate-of-turn indicators. |
| --- | --- |

2.

If slave indicators are installed, they shall satisfy the requirements which apply to rate-of-turn indicators.

Article 8

Installation of the position sensor

The position sensor (e.g. DGPS antenna) must be installed in such a way as to ensure that it operates with the greatest possible degree of accuracy and is not adversely affected by superstructures and transmitting equipment on board ship.

Article 9

Installation and performance test

Before the equipment is switched on for the first time after installation or after renewals or extensions of the ship's survey certificate (except according to Article 2.09(2) of Annex II) as well as after each modification of the vessel likely to affect the operating conditions of the equipment, an installation and performance test shall be carried out by the competent authority or by a firm authorised in accordance with Article 3. For this purpose, the following conditions shall be fulfilled:

| (a) | the power supply shall have a separate safety device; |
| --- | --- |

(a)

the power supply shall have a separate safety device;

| (b) | the operating voltage shall be within the tolerance (Article 2.01 of Part III); |
| --- | --- |

(b)

the operating voltage shall be within the tolerance (Article 2.01 of Part III);

| (c) | the cabling and its installation shall satisfy the provisions of Annex II and, if necessary, the ADNR; |
| --- | --- |

(c)

the cabling and its installation shall satisfy the provisions of Annex II and, if necessary, the ADNR;

| (d) | the number of antenna revolutions shall reach at least 24 per minute; |
| --- | --- |

(d)

the number of antenna revolutions shall reach at least 24 per minute;

| (e) | there shall be no obstruction in the vicinity of the antenna which impairs navigation; |
| --- | --- |

(e)

there shall be no obstruction in the vicinity of the antenna which impairs navigation;

| (f) | the safety switch of the antenna shall be in good working order; |
| --- | --- |

(f)

the safety switch of the antenna shall be in good working order;

| (g) | the arrangement of display units, rate-of-turn indicators and control units shall be ergonomic and user-friendly; |
| --- | --- |

(g)

the arrangement of display units, rate-of-turn indicators and control units shall be ergonomic and user-friendly;

| (h) | the lubber line of the radar equipment shall not deviate from the ship's fore-and-aft-line by more than 1 degree; |
| --- | --- |

(h)

the lubber line of the radar equipment shall not deviate from the ship's fore-and-aft-line by more than 1 degree;

| (i) | the accuracy of the range and azimuthal displays shall satisfy the requirements (measurements using known targets); |
| --- | --- |

(i)

the accuracy of the range and azimuthal displays shall satisfy the requirements (measurements using known targets);

| (k) | linearity in short ranges shall be correct (pushing and pulling); |
| --- | --- |

(k)

linearity in short ranges shall be correct (pushing and pulling);

| (l) | the displayed minimum range shall be 15 metres or less; |
| --- | --- |

(l)

the displayed minimum range shall be 15 metres or less;

| (m) | the centre of the picture shall be visible and its diameter shall not exceed 1 mm; |
| --- | --- |

(m)

the centre of the picture shall be visible and its diameter shall not exceed 1 mm;

| (n) | False echoes caused by reflections and unwanted shadows on the lubber line shall not occur or shall not impair the safety of navigation; |
| --- | --- |

(n)

False echoes caused by reflections and unwanted shadows on the lubber line shall not occur or shall not impair the safety of navigation;

| (o) | Sea-clutter and rain-clutter suppressors (STC and FTC preset) and the associated controls shall perform correctly; |
| --- | --- |

(o)

Sea-clutter and rain-clutter suppressors (STC and FTC preset) and the associated controls shall perform correctly;

| (p) | the gain adjustment shall be in proper working order; |
| --- | --- |

(p)

the gain adjustment shall be in proper working order;

| (q) | focus and picture definition shall be correct; |
| --- | --- |

(q)

focus and picture definition shall be correct;

| (r) | the ship's turning direction shall be as indicated on the rate-of-turn indicator and the zero position at dead ahead shall be correct; |
| --- | --- |

(r)

the ship's turning direction shall be as indicated on the rate-of-turn indicator and the zero position at dead ahead shall be correct;

| (s) | the radar equipment shall not be sensitive to transmissions by the ship's radio equipment or to interference from other on-board sources; |
| --- | --- |

(s)

the radar equipment shall not be sensitive to transmissions by the ship's radio equipment or to interference from other on-board sources;

| (t) | the radar equipment and/or rate-of-turn indicator shall not interfere with other on-board equipment. |
| --- | --- |

(t)

the radar equipment and/or rate-of-turn indicator shall not interfere with other on-board equipment.

Furthermore, in the case of inland ECDIS equipment:

| (u) | the statistical positional error affecting the chart shall not exceed 2 m; |
| --- | --- |

(u)

the statistical positional error affecting the chart shall not exceed 2 m;

| (v) | the statistical phase angle error affecting the chart shall not exceed 1 degree. |
| --- | --- |

(v)

the statistical phase angle error affecting the chart shall not exceed 1 degree.

Article 10

Installation and performance certificate

After successful completion of a test in accordance with Article 8, the competent authority or the approved firm shall issue a certificate based on the model in the Appendix. This certificate shall be kept permanently on board.

If the test conditions have not been met, a list of defects shall be drawn up. Any existing certificate shall be withdrawn or sent to the competent authority by the approved firm.

Appendix

Image

PART VI

MODEL LIST OF TEST INSTITUTES, APPROVED EQUIPMENT AND APPROVED INSTALLATION FIRMS

as provided for in Part IV and Part V

A.   COMPETENT TESTING AUTHORITIES

pursuant to Article 1.04(1) of Part I

B.   APPROVED RADAR EQUIPMENT

pursuant to Article 1.06(4) of Part IV

Image

C.   APPROVED RATE-OF-TURN INDICATORS

pursuant to Article 1.06(4) of Part IV

Image

D.   APPROVED SPECIALISED FIRMS FOR THE INSTALLATION OR REPLACEMENT OF RADAR EQUIPMENT AND RATE-OF-TURN INDICATORS

pursuant to Article 3 of Part V

The letters in column 4 refer to the designations in column 1 of points B (radar equipment) and C (rate-of-turn indicators).

Image

---

(1)  The rated voltage and frequency are those indicated by the manufacturer. Ranges of voltage and/or frequency may also be indicated.

1

(2)  Light-centre-length tolerance of the 24 V/40 W lamp: ± 1,5 mm.

2

(3)  L: the broad lug of the P 28 S cap is on the left when the lamp is upright, seen against the direction of emission.

3

(4)  Before measurement of the values at the start of the test, filament lamps shall have already been in service at the rated voltage for 60 minutes.

4

(5)  These limits shall be respected in an area extending ± 10° on either side of the horizontal line passing through the median point of the body of the lantern when the lamp is rotated through 360° on its axis.

5

(6)  Before measurement of the values at the start of the test, filament lamps shall have already been in service at the rated voltage for 60 minutes.

6

(7)  These limits shall be respected in an area extending ± 30° on either side of the horizontal line passing through the median point of the body of the lantern when the lamp is rotated through 360° on its axis.

7

(8)  Fundamental values of the E-12 IEC series: 1,0; 1,2; 1,5; 1,8; 2,2; 2,7; 3,3; 3,9; 4,7; 5,6; 6,8; 8,2.

8

P6_TA(2006)0299

Harmonisation of technical requirements and administrative procedures in air transport ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (13376/1/2005 — C6-0090/2006 — 2000/0069 (COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (13376/1/2005 — C6-0090/2006), |
| --- | --- |

—

having regard to the Council common position (13376/1/2005 — C6-0090/2006),

| — | having regard to its positions at first reading (1) on the Commission proposal to Parliament and the Council (COM(2000)0121) (2) and on the amended proposal (COM(2002)0030) (3) |
| --- | --- |

—

having regard to its positions at first reading (1) on the Commission proposal to Parliament and the Council (COM(2000)0121) (2) and on the amended proposal (COM(2002)0030) (3)

| — | having regard to the amended Commission proposal (COM(2004)0073) (4), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2004)0073) (4),

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

—

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

| — | having regard to Rule 62 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0212/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0212/2006);

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  OJ C 262, 18.9.2001, p. 224 and OJ C 272 E, 13.11.2003, p. 103.

(2)  OJ C 311 E, 31.10.2000, p. 13.

(3)  OJ C 227 E, 24.9.2002, p. 1.

(4)  Not yet published in OJ.

P6_TC2-COD(2000)0069

Position of the European Parliament adopted at second reading on 5 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation

(Text with EEA relevance)

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),

After consulting the Committee of the Regions,

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

Whereas:

| (1) | Regulation (EEC) No 3922/91 (3)
  provided for common safety standards listed in Annex II to that Regulation with respect, in particular, to the design, manufacture, operation and maintenance of aircraft, as well as persons and organisations involved in those tasks. Those harmonised safety standards applied to all aircraft operated by Community operators, whether such aircraft are registered in a Member State or in a third country. |
| --- | --- |

(1)

Regulation (EEC) No 3922/91 (3)
  provided for common safety standards listed in Annex II to that Regulation with respect, in particular, to the design, manufacture, operation and maintenance of aircraft, as well as persons and organisations involved in those tasks. Those harmonised safety standards applied to all aircraft operated by Community operators, whether such aircraft are registered in a Member State or in a third country.

| (2) | Article 4(1) of that Regulation requires the adoption of common technical requirements and administrative procedures, on the basis of Article 80(2) of the Treaty, for the fields that are not listed in Annex II to that Regulation. |
| --- | --- |

(2)

Article 4(1) of that Regulation requires the adoption of common technical requirements and administrative procedures, on the basis of Article 80(2) of the Treaty, for the fields that are not listed in Annex II to that Regulation.

| (3) | Article 9 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (4) provides that the granting and validity at any time of an operating licence shall be dependent upon the possession of a valid air operator's certificate specifying the activities covered by the operating licence and complying with the criteria to be established in a prospective regulation. It is now appropriate to establish such criteria. |
| --- | --- |

(3)

Article 9 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (4) provides that the granting and validity at any time of an operating licence shall be dependent upon the possession of a valid air operator's certificate specifying the activities covered by the operating licence and complying with the criteria to be established in a prospective regulation. It is now appropriate to establish such criteria.

| (4) | The Joint Aviation Authorities (JAA) have adopted a set of harmonised rules for commercial air transportation by aeroplane, called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1), as amended. Those rules (Amendment 8 of 1 January 2005) provide for a minimum level of safety requirements and therefore constitute a good basis for Community legislation covering the operation of aeroplanes. Changes had to be made to JAR-OPS 1 in order to bring it into conformity with Community legislation and policies, account being taken of its numerous implications in the economic and social field. That new text cannot be introduced into Community law by simple reference to JAR-OPS 1 in Regulation (EEC) No 3922/91. A new Annex containing the common rules should therefore be added to that Regulation. |
| --- | --- |

(4)

The Joint Aviation Authorities (JAA) have adopted a set of harmonised rules for commercial air transportation by aeroplane, called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1), as amended. Those rules (Amendment 8 of 1 January 2005) provide for a minimum level of safety requirements and therefore constitute a good basis for Community legislation covering the operation of aeroplanes. Changes had to be made to JAR-OPS 1 in order to bring it into conformity with Community legislation and policies, account being taken of its numerous implications in the economic and social field. That new text cannot be introduced into Community law by simple reference to JAR-OPS 1 in Regulation (EEC) No 3922/91. A new Annex containing the common rules should therefore be added to that Regulation.

| (5) | Air operators should be given sufficient flexibility to address unforeseen urgent operational circumstances, or operational needs of a limited duration, or to demonstrate that they can achieve an equivalent level of safety by means other than the application of the common rules set out in the Annex (hereinafter referred to as Annex III). Member States should therefore be empowered to grant exemptions or introduce variations to the common technical requirements and administrative procedures. Because such exemptions and variations could, in certain cases, undermine the common safety standards or create distortions on the market, their scope should be strictly limited and their grant should be subject to appropriate Community control. In that respect, the Commission should be empowered to take safeguard measures. |
| --- | --- |

(5)

Air operators should be given sufficient flexibility to address unforeseen urgent operational circumstances, or operational needs of a limited duration, or to demonstrate that they can achieve an equivalent level of safety by means other than the application of the common rules set out in the Annex (hereinafter referred to as Annex III). Member States should therefore be empowered to grant exemptions or introduce variations to the common technical requirements and administrative procedures. Because such exemptions and variations could, in certain cases, undermine the common safety standards or create distortions on the market, their scope should be strictly limited and their grant should be subject to appropriate Community control. In that respect, the Commission should be empowered to take safeguard measures.

| (6) | There exist well identified cases where Member States should be permitted to adopt or maintain national provisions regarding flight and duty time limitations and rest requirements, provided that commonly established procedures are complied with and until Community rules based on scientific knowledge and best practices are established. |
| --- | --- |

(6)

There exist well identified cases where Member States should be permitted to adopt or maintain national provisions regarding flight and duty time limitations and rest requirements, provided that commonly established procedures are complied with and until Community rules based on scientific knowledge and best practices are established.

| (7) | The aim of this Regulation is to provide harmonised safety standards of a high level, including in the field of flight and duty time limitations and rest periods. In some Member States collective labour agreements and/or legislation exists which provides for better conditions as regards flight and duty time limitations and as regards working conditions for cabin crew. Nothing in this Regulation should be interpreted as limiting the possibility of concluding or retaining such agreements. Member States are allowed to maintain legislation which contains more favourable provisions than those laid down in this Regulation. |
| --- | --- |

(7)

The aim of this Regulation is to provide harmonised safety standards of a high level, including in the field of flight and duty time limitations and rest periods. In some Member States collective labour agreements and/or legislation exists which provides for better conditions as regards flight and duty time limitations and as regards working conditions for cabin crew. Nothing in this Regulation should be interpreted as limiting the possibility of concluding or retaining such agreements. Member States are allowed to maintain legislation which contains more favourable provisions than those laid down in this Regulation.

| (8) | The provisions of Regulation (EEC) No 3922/91 concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). |
| --- | --- |

(8)

The provisions of Regulation (EEC) No 3922/91 concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

| (9) | The provisions of Regulation (EEC) No 3922/91 relating to its scope should be adapted to take account of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (6), as well as its implementation rules established by Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (7), and Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (8). |
| --- | --- |

(9)

The provisions of Regulation (EEC) No 3922/91 relating to its scope should be adapted to take account of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (6), as well as its implementation rules established by Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (7), and Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (8).

| (10) | This Regulation, in particular the provisions on flight and duty time limitations and rest requirements as set out in Subpart Q of Annex III, takes into account the limits and minimum standards already established in Directive 2000/79/EC (9). The limits set out in that Directive should always be respected for mobile workers in civil aviation. The provisions of Subpart Q of Annex III and other provisions approved pursuant to this Regulation should in no circumstances be broader and thereby provide those workers with less protection. |
| --- | --- |

(10)

This Regulation, in particular the provisions on flight and duty time limitations and rest requirements as set out in Subpart Q of Annex III, takes into account the limits and minimum standards already established in Directive 2000/79/EC (9). The limits set out in that Directive should always be respected for mobile workers in civil aviation. The provisions of Subpart Q of Annex III and other provisions approved pursuant to this Regulation should in no circumstances be broader and thereby provide those workers with less protection.

| (11) | Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members, provided that the limits established by such national provisions are below the maximum limits and above the minimum limits laid down in Subpart Q of Annex III. |
| --- | --- |

(11)

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members, provided that the limits established by such national provisions are below the maximum limits and above the minimum limits laid down in Subpart Q of Annex III.

| (12) | Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members in areas that are at present not covered by Subpart Q of Annex III, e.g., the maximum daily flight duty period for single pilot operations and emergency medical operations, provisions regarding the reduction of flight duty periods, or the augmentation of rest periods when crossing multiple time zones. |
| --- | --- |

(12)

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members in areas that are at present not covered by Subpart Q of Annex III, e.g., the maximum daily flight duty period for single pilot operations and emergency medical operations, provisions regarding the reduction of flight duty periods, or the augmentation of rest periods when crossing multiple time zones.

| (13) | A scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements and,
  where relevant
  , of the provisions on cabin crews should be made within a period of
  two years
  following the entry into force of this Regulation. |
| --- | --- |

(13)

A scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements and,
  where relevant
  , of the provisions on cabin crews should be made within a period of
  two years
  following the entry into force of this Regulation.

| (14) | This Regulation should not affect the application of provisions on inspections as laid down in the 1944 Chicago Convention on International Civil Aviation and in Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (10). |
| --- | --- |

(14)

This Regulation should not affect the application of provisions on inspections as laid down in the 1944 Chicago Convention on International Civil Aviation and in Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (10).

| (15) | Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation. |
| --- | --- |

(15)

Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

| (16) | Regulation (EEC) No 3922/91 should therefore be amended accordingly, |
| --- | --- |

(16)

Regulation (EEC) No 3922/91 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3922/91 is hereby amended as follows:

| 1) | The following recital shall be inserted after recital 9:




  ‘The application of provisions regarding flight and duty time limitations can result in significant disruption of rosters for undertakings the operating models of which are exclusively based on night-time operation; whereas, the Commission should, on the basis of evidence to be provided by the parties concerned, carry out an assessment and propose an adjustment of the provisions regarding flight and duty time limitations to take account of these special operating models.’; |
| --- | --- |

1)

The following recital shall be inserted after recital 9:

‘The application of provisions regarding flight and duty time limitations can result in significant disruption of rosters for undertakings the operating models of which are exclusively based on night-time operation; whereas, the Commission should, on the basis of evidence to be provided by the parties concerned, carry out an assessment and propose an adjustment of the provisions regarding flight and duty time limitations to take account of these special operating models.’;

| 2) | The following recitals shall be inserted after recital 10:




  ‘By ..., (11) the European Aviation Safety Agency should complete a scientific and medical evaluation of Subpart Q and, where relevant, of Subpart O of Annex III. On the basis of the results of this evaluation, and in accordance with the procedure referred to in Article 12(2), the Commission should, if necessary, draw up and submit proposals without delay to amend the relevant technical provisions.




  In the review of certain provisions referred to in Article 8a the course towards further harmonisation of cabin crew training requirements hitherto adopted should be maintained, in order to facilitate the free movement of cabin crew personnel within the Community; in this context, the possibility of further harmonisation of cabin crew qualifications should be re-examined. |
| --- | --- |

2)

The following recitals shall be inserted after recital 10:

‘By ..., (11) the European Aviation Safety Agency should complete a scientific and medical evaluation of Subpart Q and, where relevant, of Subpart O of Annex III. On the basis of the results of this evaluation, and in accordance with the procedure referred to in Article 12(2), the Commission should, if necessary, draw up and submit proposals without delay to amend the relevant technical provisions.

In the review of certain provisions referred to in Article 8a the course towards further harmonisation of cabin crew training requirements hitherto adopted should be maintained, in order to facilitate the free movement of cabin crew personnel within the Community; in this context, the possibility of further harmonisation of cabin crew qualifications should be re-examined.

| 3) | The last recital shall be replaced by the following recital:
  ‘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 (12), |
| --- | --- |

3)

The last recital shall be replaced by the following recital:

‘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 (12),

| 4) | Article 1 is hereby amended as follows:






  a) | paragraph 1 shall be replaced by the following:
  ‘1.   This Regulation shall apply to the harmonisation of technical requirements and administrative procedures in the field of civil aviation safety related to the operation and maintenance of aircraft and persons and organisations involved in such tasks.’; |
| --- | --- | --- |

4)

Article 1 is hereby amended as follows:

a)

paragraph 1 shall be replaced by the following:

‘1.   This Regulation shall apply to the harmonisation of technical requirements and administrative procedures in the field of civil aviation safety related to the operation and maintenance of aircraft and persons and organisations involved in such tasks.’;

| b) | the following paragraphs shall be added:
  ‘3.   The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.
  4.   Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into effect. The Governments of Spain and the United Kingdom shall inform the Council of such date of entry into operation.’; |
| --- | --- |

b)

the following paragraphs shall be added:

‘3.   The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

4.   Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into effect. The Governments of Spain and the United Kingdom shall inform the Council of such date of entry into operation.’;

| 5) | the following definition shall be added in Article 2:
  ‘(i)   “the Authority” in Annex III means: the competent authority that has granted the air operator's certificate (AOC).’; |
| --- | --- |

5)

the following definition shall be added in Article 2:

‘(i)   “the Authority” in Annex III means: the competent authority that has granted the air operator's certificate (AOC).’;

| 6) | Article 3 shall be replaced by the following:
  ‘Article 3
  1.   Without prejudice to Article 11, the common technical requirements and administrative procedures applicable in the Community with regard to commercial transportation by aeroplane shall be those specified in Annex III.
  2.   References made to Subpart M of Annex III or any of its provisions shall refer to Part-M of Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (13) or its relevant provisions. |
| --- | --- |

6)

Article 3 shall be replaced by the following:

‘Article 3

1.   Without prejudice to Article 11, the common technical requirements and administrative procedures applicable in the Community with regard to commercial transportation by aeroplane shall be those specified in Annex III.

2.   References made to Subpart M of Annex III or any of its provisions shall refer to Part-M of Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (13) or its relevant provisions.

| 7) | Article 4(1) shall be replaced by the following:
  ‘1.   With regard to the fields not covered by Annex III, common technical requirements and administrative procedures shall be adopted on the basis of Article 80(2) of the Treaty. The Commission shall, where appropriate and as soon as possible, submit suitable proposals in these fields.’; |
| --- | --- |

7)

Article 4(1) shall be replaced by the following:

‘1.   With regard to the fields not covered by Annex III, common technical requirements and administrative procedures shall be adopted on the basis of Article 80(2) of the Treaty. The Commission shall, where appropriate and as soon as possible, submit suitable proposals in these fields.’;

| 8) | Article 6 shall be replaced by the following:
  ‘Article 6
  Aircraft operated under an authorisation granted by a Member State in compliance with the common technical requirements and administrative procedures may be operated under the same conditions in other Member States, without further technical requirements or evaluation by those other Member States.’; |
| --- | --- |

8)

Article 6 shall be replaced by the following:

‘Article 6

Aircraft operated under an authorisation granted by a Member State in compliance with the common technical requirements and administrative procedures may be operated under the same conditions in other Member States, without further technical requirements or evaluation by those other Member States.’;

| 9) | Article 7 shall be replaced by the following:
  ‘Article 7
  Member States shall recognise the certification granted pursuant to this Regulation by another Member State or by a body acting on its behalf, to bodies or persons placed under its jurisdiction and under its authority, who are concerned with the maintenance of products and the operation of aircraft.’; |
| --- | --- |

9)

Article 7 shall be replaced by the following:

‘Article 7

Member States shall recognise the certification granted pursuant to this Regulation by another Member State or by a body acting on its behalf, to bodies or persons placed under its jurisdiction and under its authority, who are concerned with the maintenance of products and the operation of aircraft.’;

| 10) | Article 8 shall be replaced by the following:
  ‘Article 8
  1.   The provisions of Articles 3 to 7 shall not prevent a Member State from reacting immediately to a safety problem which involves a product, person or organisation subject to this Regulation.
  If the safety problem results from an inadequate level of safety provided for by the common technical requirements and administrative procedures, or shortcomings in these requirements and procedures, the Member State shall immediately inform the Commission and the other Member States of the measures taken and the reasons therefor.
  The Commission shall decide, in accordance with the procedure referred to in Article 12(2), whether an inadequate level of safety or a shortcoming in the common technical requirements and administrative procedures justifies the continued application of the measures adopted pursuant to the first subparagraph of this paragraph. In such a case, the Commission shall also take the necessary steps to amend the common technical requirements and administrative procedures concerned in accordance with Article 4 or Article 11. If the Member State's measures are found not to be justified, it shall revoke the measures in question.
  2.   A Member State may grant exemptions from the technical requirements and administrative procedures specified by this Regulation in the case of unforeseen urgent operational circumstances or operational needs of a limited duration.
  The Commission and the other Member States shall be informed of any exemptions granted repeatedly or for a period of more than two months.
  When the Commission and other Member States are informed of exemptions granted by a Member State in accordance with the second subparagraph, the Commission shall examine whether the exemptions comply with the safety objectives of this Regulation or any other relevant rule of Community legislation.
  If the Commission finds that the exemptions granted do not comply with the safety objectives of this Regulation or any other relevant rule of Community legislation, the Commission shall decide on safeguard measures in accordance with the procedure referred to in Article 12a.
  In such a case, the Member State concerned shall revoke the exemption.
  3.   In cases where a safety level equivalent to that attained by the application of the common technical requirements and administrative procedures set out in Annex III can be achieved by other means, Member States may, without discrimination on grounds of the nationality of the applicants and having regard to the need not to distort competition, grant approval derogating from these provisions.
  In such cases the Member State concerned shall notify the Commission of its intention to grant such approval, the reasons therefor and the conditions laid down in order to ensure that an equivalent level of safety is achieved.
  The Commission shall, within a period of 3 months following notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether the proposed approval of the measure can be granted.
  In such a case, the Commission shall notify its decision to all Member States, which shall be entitled to apply that measure. The relevant provisions of Annex III may also be amended to reflect such a measure.
  Articles 6 and 7 shall apply to the measure in question.
  4.   Notwithstanding the provisions of paragraphs 1, 2 and 3, a Member State may adopt or maintain provisions relating to OPS 1.1105 point 6, OPS 1.1110 points 1.3 and 1.4.1, OPS 1.1115, and OPS 1.1125 point 2.1 of Subpart Q in Annex III until Community rules based on scientific knowledge and best practices are established.
  A Member State shall inform the Commission of the provisions that it decides to maintain.
  For national provisions derogating from the OPS 1 provisions referred to in the first subparagraph, which Member States intend to adopt after the date of application of Annex III, the Commission shall, within a period of three months following the notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether these provisions comply with the safety objectives of this Regulation and other rules of Community law, and if they may be made applicable.
  If so, the Commission shall notify its decision to approve the measure to all Member States, which shall be entitled to apply the measure. The relevant provisions of Annex III may also be amended to reflect such a measure.
  Articles 6 and 7 shall apply to the measure in question.’; |
| --- | --- |

10)

Article 8 shall be replaced by the following:

‘Article 8

1.   The provisions of Articles 3 to 7 shall not prevent a Member State from reacting immediately to a safety problem which involves a product, person or organisation subject to this Regulation.

If the safety problem results from an inadequate level of safety provided for by the common technical requirements and administrative procedures, or shortcomings in these requirements and procedures, the Member State shall immediately inform the Commission and the other Member States of the measures taken and the reasons therefor.

The Commission shall decide, in accordance with the procedure referred to in Article 12(2), whether an inadequate level of safety or a shortcoming in the common technical requirements and administrative procedures justifies the continued application of the measures adopted pursuant to the first subparagraph of this paragraph. In such a case, the Commission shall also take the necessary steps to amend the common technical requirements and administrative procedures concerned in accordance with Article 4 or Article 11. If the Member State's measures are found not to be justified, it shall revoke the measures in question.

2.   A Member State may grant exemptions from the technical requirements and administrative procedures specified by this Regulation in the case of unforeseen urgent operational circumstances or operational needs of a limited duration.

The Commission and the other Member States shall be informed of any exemptions granted repeatedly or for a period of more than two months.

When the Commission and other Member States are informed of exemptions granted by a Member State in accordance with the second subparagraph, the Commission shall examine whether the exemptions comply with the safety objectives of this Regulation or any other relevant rule of Community legislation.

If the Commission finds that the exemptions granted do not comply with the safety objectives of this Regulation or any other relevant rule of Community legislation, the Commission shall decide on safeguard measures in accordance with the procedure referred to in Article 12a.

In such a case, the Member State concerned shall revoke the exemption.

3.   In cases where a safety level equivalent to that attained by the application of the common technical requirements and administrative procedures set out in Annex III can be achieved by other means, Member States may, without discrimination on grounds of the nationality of the applicants and having regard to the need not to distort competition, grant approval derogating from these provisions.

In such cases the Member State concerned shall notify the Commission of its intention to grant such approval, the reasons therefor and the conditions laid down in order to ensure that an equivalent level of safety is achieved.

The Commission shall, within a period of 3 months following notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether the proposed approval of the measure can be granted.

In such a case, the Commission shall notify its decision to all Member States, which shall be entitled to apply that measure. The relevant provisions of Annex III may also be amended to reflect such a measure.

Articles 6 and 7 shall apply to the measure in question.

4.   Notwithstanding the provisions of paragraphs 1, 2 and 3, a Member State may adopt or maintain provisions relating to OPS 1.1105 point 6, OPS 1.1110 points 1.3 and 1.4.1, OPS 1.1115, and OPS 1.1125 point 2.1 of Subpart Q in Annex III until Community rules based on scientific knowledge and best practices are established.

A Member State shall inform the Commission of the provisions that it decides to maintain.

For national provisions derogating from the OPS 1 provisions referred to in the first subparagraph, which Member States intend to adopt after the date of application of Annex III, the Commission shall, within a period of three months following the notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether these provisions comply with the safety objectives of this Regulation and other rules of Community law, and if they may be made applicable.

If so, the Commission shall notify its decision to approve the measure to all Member States, which shall be entitled to apply the measure. The relevant provisions of Annex III may also be amended to reflect such a measure.

Articles 6 and 7 shall apply to the measure in question.’;

| 11) | the following Article shall be inserted:
  ‘Article 8a
  1.   By ... (14), the European Aviation Safety Agency shall conclude a scientific and medical evaluation of the provisions of Subpart Q and,
  where relevant
  , of Subpart O of Annex III.
  2.   Without prejudice to Article 7 of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (15), the European Aviation Safety Agency shall assist the Commission in the preparation of proposals for the modification of the applicable technical provisions of
  Subpart O and
  Subpart Q of Annex III.’; |
| --- | --- |

11)

the following Article shall be inserted:

‘Article 8a

1.   By ... (14), the European Aviation Safety Agency shall conclude a scientific and medical evaluation of the provisions of Subpart Q and,
  where relevant
  , of Subpart O of Annex III.

2.   Without prejudice to Article 7 of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (15), the European Aviation Safety Agency shall assist the Commission in the preparation of proposals for the modification of the applicable technical provisions of
  Subpart O and
  Subpart Q of Annex III.’;

| 12) | Article 11(1) shall be replaced by the following:
  ‘1.   The Commission, following the procedure referred to in Article 12(2), shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex III.’; |
| --- | --- |

12)

Article 11(1) shall be replaced by the following:

‘1.   The Commission, following the procedure referred to in Article 12(2), shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex III.’;

| 13) | Article 12 shall be replaced by the following:
  ‘Article 12
  1.   The Commission shall be assisted by the Air Safety Committee, hereinafter referred to as the Committee.
  2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
  The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
  3.   The Committee shall adopt its Rules of Procedure.’; |
| --- | --- |

13)

Article 12 shall be replaced by the following:

‘Article 12

1.   The Commission shall be assisted by the Air Safety Committee, hereinafter referred to as the Committee.

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

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

3.   The Committee shall adopt its Rules of Procedure.’;

| 14) | the following Article shall be inserted:
  ‘Article 12a
  Where reference is made to this Article, the safeguard procedure laid down in Article 6 of Decision 1999/468/EC shall apply.
  Before adopting its decision, the Commission shall consult the Committee.
  The period provided for in Article 6(b) of Decision 1999/468/EC shall be three months.
  When a Commission decision is referred to the Council by a Member State, the Council, acting by a qualified majority, may take a different decision within a period of three months.’; |
| --- | --- |

14)

the following Article shall be inserted:

‘Article 12a

Where reference is made to this Article, the safeguard procedure laid down in Article 6 of Decision 1999/468/EC shall apply.

Before adopting its decision, the Commission shall consult the Committee.

The period provided for in Article 6(b) of Decision 1999/468/EC shall be three months.

When a Commission decision is referred to the Council by a Member State, the Council, acting by a qualified majority, may take a different decision within a period of three months.’;

| 15) | The text appearing in the Annex to this Regulation shall be added as Annex III. |
| --- | --- |

15)

The text appearing in the Annex to this Regulation shall be added as Annex III.

Article 2

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

Without prejudice to the provisions of Article 11 of Regulation (EEC) No 3922/91, Annex III shall apply with effect from ... (16).

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 14, 16.1.2001, p. 33.

1

(2)  Position of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 103), Council Common Position of 9 March 2006 (not yet published in the Official Journal) and Position of the European Parliament of 5 July 2006.

2

Position

9 March 2006

5 July 2006

(3)  OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 (OJ L 240, 7.9.2002, p. 1).

3

(4)  OJ L 240, 24.8.1992, p. 1.

4

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

5

(6)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

6

(7)  OJ L 243, 27.9.2003, p. 6. Regulation as amended by Regulation (EC) No 706/2006 (OJ L 122, 9.5.2006, p. 16).

7

Regulation as amended by Regulation (EC) No 706/2006 (OJ L 122, 9.5.2006, p. 16).

(8)  OJ L 315, 28.11.2003, p. 1. Regulation as amended by Regulation (EC) No 707/2006 (OJ L 122, 9.5.2006, p. 17).

8

Regulation as amended by Regulation (EC) No 707/2006 (OJ L 122, 9.5.2006, p. 17).

(9)  Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ L 302, 1.12.2000, p. 57).

9

(10)  OJ L 143, 30.4.2004, p. 76. Directive as amended by Regulation (EC) No 211/2005 (OJ L 344, 27.12.2005, p. 15).

10

Directive as amended by Regulation (EC) No 211/2005 (OJ L 344, 27.12.2005, p. 15).

(11)  
  Two years after the entry into force of this Regulation.’;

11

Two years after the entry into force of this Regulation.’;

(12)  OJ L 184, 17.7.1999, p. 23.’;

12

(13)  OJ L 315, 28.11.2003, p. 1.’;

13

(14)  
  Two years

  after the entry into force of this Regulation.

14

Two years

after the

(15)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

15

(16)  18 months after entry into force of this Regulation.

16

ANNEX

‘ANNEX III

COMMON TECHNICAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES APPLICABLE TO COMMERCIAL TRANSPORTATION BY AIRCRAFT

OPS 1: Commercial Air Transportation (Aeroplanes)

Contents (General layout)

| SUBPART A | — | Applicability and Definitions |
| --- | --- | --- |

SUBPART A

—

Applicability and Definitions

SUBPART B

| — | General |
| --- | --- |

—

General

SUBPART C

| — | Operator Certification and Supervision |
| --- | --- |

—

Operator Certification and Supervision

SUBPART D

| — | Operational Procedures |
| --- | --- |

—

Operational Procedures

SUBPART E

| — | All Weather Operations |
| --- | --- |

—

All Weather Operations

SUBPART F

| — | Performance General |
| --- | --- |

—

Performance General

SUBPART G

| — | Performance Class A |
| --- | --- |

—

Performance Class A

SUBPART H

| — | Performance Class B |
| --- | --- |

—

Performance Class B

SUBPART I

| — | Performance Class C |
| --- | --- |

—

Performance Class C

SUBPART J

| — | Mass and Balance |
| --- | --- |

—

Mass and Balance

SUBPART K

| — | Instruments and Equipment |
| --- | --- |

—

Instruments and Equipment

SUBPART L

| — | Communication and Navigation Equipment |
| --- | --- |

—

Communication and Navigation Equipment

SUBPART M

| — | Aeroplane Maintenance |
| --- | --- |

—

Aeroplane Maintenance

SUBPART N

| — | Flight Crew |
| --- | --- |

—

Flight Crew

SUBPART O

| — | Cabin Crew |
| --- | --- |

—

Cabin Crew

SUBPART P

| — | Manuals, Logs and Records |
| --- | --- |

—

Manuals, Logs and Records

SUBPART Q

| — | Flight and duty time limitations and rest requirements |
| --- | --- |

—

Flight and duty time limitations and rest requirements

SUBPART R

| — | Transport of Dangerous Goods by Air |
| --- | --- |

—

Transport of Dangerous Goods by Air

SUBPART S

| — | Security |
| --- | --- |

—

Security

SUBPART A

APPLICABILITY AND DEFINITIONS

OPS 1.001

Applicability

OPS Part 1 prescribes requirements applicable to the operation of any civil aeroplane for the purpose of commercial air transportation by any operator whose principal place of business and, if any, registered office is in a Member State, hereafter called operator. OPS 1 does not apply:

| (1) | to aeroplanes when used in military, customs and police services; nor |
| --- | --- |

(1)

to aeroplanes when used in military, customs and police services; nor

| (2) | to parachute dropping and fire-fighting flights, and to associated positioning and return flights in which the persons carried are those who would normally be carried on parachute dropping or fire-fighting; nor |
| --- | --- |

(2)

to parachute dropping and fire-fighting flights, and to associated positioning and return flights in which the persons carried are those who would normally be carried on parachute dropping or fire-fighting; nor

| (3) | to flights immediately before, during, or immediately after an aerial work activity provided these flights are connected with that aerial work activity and in which, excluding crew members, no more than 6 persons indispensable to the aerial work activity are carried. |
| --- | --- |

(3)

to flights immediately before, during, or immediately after an aerial work activity provided these flights are connected with that aerial work activity and in which, excluding crew members, no more than 6 persons indispensable to the aerial work activity are carried.

OPS 1.003

Definitions

| (a) | For the purpose of this Annex:






  (1) | “Accepted/Acceptable” means not objected to by the Authority as suitable for the purpose intended. |
| --- | --- | --- |

(a)

For the purpose of this Annex:

(1)

“Accepted/Acceptable” means not objected to by the Authority as suitable for the purpose intended.

| (2) | “Approved (by the Authority)” means documented (by the Authority) as suitable for the purpose intended. |
| --- | --- |

(2)

“Approved (by the Authority)” means documented (by the Authority) as suitable for the purpose intended.

| (3) | “Master Minimum Equipment List (MMEL)” means a master list (including a preamble) appropriate to an aircraft type which determines those instruments, items of equipment or functions that, while maintaining the level of safety intended in the applicable airworthiness certification specifications, may temporarily be inoperative either due to the inherent redundancy of the design, and/or due to specified operational and maintenance procedures, conditions and limitations, and in accordance with the applicable procedures for Continued Airworthiness. |
| --- | --- |

(3)

“Master Minimum Equipment List (MMEL)” means a master list (including a preamble) appropriate to an aircraft type which determines those instruments, items of equipment or functions that, while maintaining the level of safety intended in the applicable airworthiness certification specifications, may temporarily be inoperative either due to the inherent redundancy of the design, and/or due to specified operational and maintenance procedures, conditions and limitations, and in accordance with the applicable procedures for Continued Airworthiness.

| (4) | “Minimum Equipment List (MEL)” means a list (including a preamble) which provides for the operation of aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of flight. This list is prepared by the operator for his own particular aircraft taking account of their aircraft definition and the relevant operational and maintenance conditions in accordance with a procedure approved by the Authority. |
| --- | --- |

(4)

“Minimum Equipment List (MEL)” means a list (including a preamble) which provides for the operation of aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of flight. This list is prepared by the operator for his own particular aircraft taking account of their aircraft definition and the relevant operational and maintenance conditions in accordance with a procedure approved by the Authority.

| (b) | Part M and Part 145 as referred to in this Annex are those of Regulation (EC) No 2042/2003 of 20 November 2003. |
| --- | --- |

(b)

Part M and Part 145 as referred to in this Annex are those of Regulation (EC) No 2042/2003 of 20 November 2003.

SUBPART B

GENERAL

OPS 1.005

General

| (a) | An operator shall not operate an aeroplane for the purpose of commercial air transportation other than in accordance with OPS Part 1. For operations of Performance Class B aeroplanes, alleviated requirements can be found in Appendix 1 to OPS 1.005 (a). |
| --- | --- |

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation other than in accordance with OPS Part 1. For operations of Performance Class B aeroplanes, alleviated requirements can be found in Appendix 1 to OPS 1.005 (a).

| (b) | An operator shall comply with the applicable retroactive airworthiness requirements for aeroplanes operated for the purpose of commercial air transportation. |
| --- | --- |

(b)

An operator shall comply with the applicable retroactive airworthiness requirements for aeroplanes operated for the purpose of commercial air transportation.

| (c) | Each aeroplane shall be operated in compliance with the terms of its Certificate of Airworthiness and within the approved limitations contained in its Aeroplane Flight Manual. |
| --- | --- |

(c)

Each aeroplane shall be operated in compliance with the terms of its Certificate of Airworthiness and within the approved limitations contained in its Aeroplane Flight Manual.

| (d) | All Synthetic Training Devices (STD), such as Flight Simulators or Flight Training Devices (FTD), replacing an aeroplane for training and/or checking purposes are to be qualified in accordance with the requirements applicable to Synthetic Training Devices. An operator intending to use such STD must obtain approval from the Authority. |
| --- | --- |

(d)

All Synthetic Training Devices (STD), such as Flight Simulators or Flight Training Devices (FTD), replacing an aeroplane for training and/or checking purposes are to be qualified in accordance with the requirements applicable to Synthetic Training Devices. An operator intending to use such STD must obtain approval from the Authority.

OPS 1.020

Laws, Regulations and Procedures — Operator's Responsibilities

An operator must ensure that:

| (1) | All employees are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and which are pertinent to the performance of their duties; and |
| --- | --- |

(1)

All employees are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and which are pertinent to the performance of their duties; and

| (2) | All crew members are familiar with the laws, regulations and procedures pertinent to the performance of their duties. |
| --- | --- |

(2)

All crew members are familiar with the laws, regulations and procedures pertinent to the performance of their duties.

OPS 1.025

Common Language

| (a) | An operator must ensure that all crew members can communicate in a common language. |
| --- | --- |

(a)

An operator must ensure that all crew members can communicate in a common language.

| (b) | An operator must ensure that all operations personnel are able to understand the language in which those parts of the Operations Manual which pertain to their duties and responsibilities are written. |
| --- | --- |

(b)

An operator must ensure that all operations personnel are able to understand the language in which those parts of the Operations Manual which pertain to their duties and responsibilities are written.

OPS 1.030

Minimum Equipment Lists — Operator's Responsibilities

| (a) | An operator shall establish, for each aeroplane, a Minimum Equipment List (MEL) approved by the Authority. This shall be based upon, but no less restrictive than, the relevant Master Minimum Equipment List (MMEL) (if this exists) accepted by the Authority. |
| --- | --- |

(a)

An operator shall establish, for each aeroplane, a Minimum Equipment List (MEL) approved by the Authority. This shall be based upon, but no less restrictive than, the relevant Master Minimum Equipment List (MMEL) (if this exists) accepted by the Authority.

| (b) | An operator shall not operate an aeroplane other than in accordance with the MEL unless permitted by the Authority. Any such permission will in no circumstances permit operation outside the constraints of the MMEL. |
| --- | --- |

(b)

An operator shall not operate an aeroplane other than in accordance with the MEL unless permitted by the Authority. Any such permission will in no circumstances permit operation outside the constraints of the MMEL.

OPS 1.035

Quality system

| (a) | An operator shall establish one Quality System and designate one Quality Manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aeroplanes. Compliance monitoring must include a feed-back system to the Accountable Manager (See also OPS 1.175 (h)) to ensure corrective action as necessary. |
| --- | --- |

(a)

An operator shall establish one Quality System and designate one Quality Manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aeroplanes. Compliance monitoring must include a feed-back system to the Accountable Manager (See also OPS 1.175 (h)) to ensure corrective action as necessary.

| (b) | The Quality System must include a Quality Assurance Programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures. |
| --- | --- |

(b)

The Quality System must include a Quality Assurance Programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

| (c) | The Quality System and the Quality Manager must be acceptable to the Authority. |
| --- | --- |

(c)

The Quality System and the Quality Manager must be acceptable to the Authority.

| (d) | The Quality System must be described in relevant documentation. |
| --- | --- |

(d)

The Quality System must be described in relevant documentation.

| (e) | Notwithstanding sub-paragraph (a) above, the Authority may accept the nomination of two Quality Managers, one for operations and one for maintenance provided that the operator has designated one Quality Management Unit to ensure that the Quality System is applied uniformly throughout the entire operation. |
| --- | --- |

(e)

Notwithstanding sub-paragraph (a) above, the Authority may accept the nomination of two Quality Managers, one for operations and one for maintenance provided that the operator has designated one Quality Management Unit to ensure that the Quality System is applied uniformly throughout the entire operation.

OPS 1.037

Accident prevention and flight safety programme

| (a) | An operator shall establish and maintain an accident prevention and flight safety programme, which may be integrated with the Quality System, including:






  (1) | Programmes to achieve and maintain risk awareness by all persons involved in operations; and |
| --- | --- | --- |

(a)

An operator shall establish and maintain an accident prevention and flight safety programme, which may be integrated with the Quality System, including:

(1)

Programmes to achieve and maintain risk awareness by all persons involved in operations; and

| (2) | An occurrence reporting scheme to enable the collation and assessment of relevant incident and accident reports in order to identify adverse trends or to address deficiencies in the interests of flight safety. The scheme shall protect the identity of the reporter and include the possibility that reports may be submitted anonymously; and |
| --- | --- |

(2)

An occurrence reporting scheme to enable the collation and assessment of relevant incident and accident reports in order to identify adverse trends or to address deficiencies in the interests of flight safety. The scheme shall protect the identity of the reporter and include the possibility that reports may be submitted anonymously; and

| (3) | Evaluation of relevant information relating to accidents and incidents and the promulgation of related information, but not the attribution of blame; and |
| --- | --- |

(3)

Evaluation of relevant information relating to accidents and incidents and the promulgation of related information, but not the attribution of blame; and

| (4) | A flight data monitoring programme for those aeroplanes in excess of 27 000 kg MCTOM. Flight Data Monitoring (FDM) is the pro-active use of digital flight data from routine operations to improve aviation safety. The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data; and |
| --- | --- |

(4)

A flight data monitoring programme for those aeroplanes in excess of 27 000 kg MCTOM. Flight Data Monitoring (FDM) is the pro-active use of digital flight data from routine operations to improve aviation safety. The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data; and

| (5) | The appointment of a person accountable for managing the programme. |
| --- | --- |

(5)

The appointment of a person accountable for managing the programme.

| (b) | Proposals for corrective action resulting from the accident prevention and flight safety programme shall be the responsibility of the person accountable for managing the programme. |
| --- | --- |

(b)

Proposals for corrective action resulting from the accident prevention and flight safety programme shall be the responsibility of the person accountable for managing the programme.

| (c) | The effectiveness of changes resulting from proposals for corrective action identified by the accident and flight safety programme shall be monitored by the Quality Manager. |
| --- | --- |

(c)

The effectiveness of changes resulting from proposals for corrective action identified by the accident and flight safety programme shall be monitored by the Quality Manager.

OPS 1.040

Crew members

| (a) | An operator shall ensure that all operating flight and cabin crew members have been trained in, and are proficient to perform, their assigned duties. |
| --- | --- |

(a)

An operator shall ensure that all operating flight and cabin crew members have been trained in, and are proficient to perform, their assigned duties.

| (b) | Where there are crew members, other than cabin crew members, who carry out their duties in the passenger compartment of an aeroplane, an operator shall ensure that these






  (1) | are not confused by the passengers with the cabin crew members; |
| --- | --- | --- |

(b)

Where there are crew members, other than cabin crew members, who carry out their duties in the passenger compartment of an aeroplane, an operator shall ensure that these

(1)

are not confused by the passengers with the cabin crew members;

| (2) | do not occupy required cabin crew assigned stations; |
| --- | --- |

(2)

do not occupy required cabin crew assigned stations;

| (3) | do not impede the cabin crew members in their duties. |
| --- | --- |

(3)

do not impede the cabin crew members in their duties.

OPS 1.050

Search and rescue information

An operator shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible on the flight deck.

OPS 1.055

Information on emergency and survival equipment carried

An operator shall ensure that there are available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board all of his aeroplanes. The information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment.

OPS 1.060

Ditching

An operator shall not operate an aeroplane with an approved passenger seating configuration of more than 30 passengers on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 nautical miles, whichever is the lesser, unless the aeroplane complies with the ditching requirements prescribed in the applicable airworthiness code.

OPS 1.065

Carriage of weapons of war and munitions of war

| (a) | An operator shall not transport weapons of war and munitions of war by air unless an approval to do so has been granted by all States concerned. |
| --- | --- |

(a)

An operator shall not transport weapons of war and munitions of war by air unless an approval to do so has been granted by all States concerned.

| (b) | An operator shall ensure that weapons of war and munitions of war are:






  (1) | Stowed in the aeroplane in a place which is inaccessible to passengers during flight; and |
| --- | --- | --- |

(b)

An operator shall ensure that weapons of war and munitions of war are:

(1)

Stowed in the aeroplane in a place which is inaccessible to passengers during flight; and

| (2) | In the case of firearms, unloaded, unless, before the commencement of the flight, approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this subparagraph. |
| --- | --- |

(2)

In the case of firearms, unloaded, unless, before the commencement of the flight, approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this subparagraph.

| (c) | An operator shall ensure that the commander is notified before a flight begins of the details and location on board the aeroplane of any weapons of war and munitions of war intended to be carried. |
| --- | --- |

(c)

An operator shall ensure that the commander is notified before a flight begins of the details and location on board the aeroplane of any weapons of war and munitions of war intended to be carried.

OPS 1.070

Carriage of sporting weapons and ammunition

| (a) | An operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to him. |
| --- | --- |

(a)

An operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to him.

| (b) | An operator accepting the carriage of sporting weapons shall ensure that they are:






  (1) | Stowed in the aeroplane in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impracticable and has accepted that other procedures might apply; and |
| --- | --- | --- |

(b)

An operator accepting the carriage of sporting weapons shall ensure that they are:

(1)

Stowed in the aeroplane in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impracticable and has accepted that other procedures might apply; and

| (2) | In the case of firearms or other weapons that can contain ammunition, unloaded. |
| --- | --- |

(2)

In the case of firearms or other weapons that can contain ammunition, unloaded.

| (c) | Ammunition for sporting weapons may be carried in passengers' checked baggage, subject to certain limitations, in accordance with the Technical Instructions (see OPS 1.1160 (b)(5)) as defined in OPS 1.1150 (a)(15). |
| --- | --- |

(c)

Ammunition for sporting weapons may be carried in passengers' checked baggage, subject to certain limitations, in accordance with the Technical Instructions (see OPS 1.1160 (b)(5)) as defined in OPS 1.1150 (a)(15).

OPS 1.075

Method of carriage of persons

An operator shall take all measures to ensure that no person is in any part of an aeroplane in flight which is not a part designed for the accommodation of persons unless temporary access has been granted by the commander to any part of the aeroplane:

| (1) | For the purpose of taking action necessary for the safety of the aeroplane or of any person, animal or goods therein; or |
| --- | --- |

(1)

For the purpose of taking action necessary for the safety of the aeroplane or of any person, animal or goods therein; or

| (2) | In which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aeroplane is in flight. |
| --- | --- |

(2)

In which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aeroplane is in flight.

OPS 1.080

Offering dangerous goods for transport by air

An operator shall take all reasonable measures to ensure that no person offers or accepts dangerous goods for transport by air unless the person has been trained and the goods are properly classified, documented, certificated, described, packaged, marked, labelled and in a fit condition for transport as required by the Technical Instructions and relevant Community legislation.

OPS 1.085

Crew responsibilities

| (a) | A crew member shall be responsible for the proper execution of his/her duties that:






  (1) | Are related to the safety of the aeroplane and its occupants; and |
| --- | --- | --- |

(a)

A crew member shall be responsible for the proper execution of his/her duties that:

(1)

Are related to the safety of the aeroplane and its occupants; and

| (2) | Are specified in the instructions and procedures laid down in the Operations Manual. |
| --- | --- |

(2)

Are specified in the instructions and procedures laid down in the Operations Manual.

| (b) | A crew member shall:






  (1) | Report to the commander any fault, failure, malfunction or defect which he/she believes may affect the airworthiness or safe operation of the aeroplane including emergency systems. |
| --- | --- | --- |

(b)

A crew member shall:

(1)

Report to the commander any fault, failure, malfunction or defect which he/she believes may affect the airworthiness or safe operation of the aeroplane including emergency systems.

| (2) | Report to the commander any incident that endangered, or could have endangered, the safety of operation; |
| --- | --- |

(2)

Report to the commander any incident that endangered, or could have endangered, the safety of operation;

| (3) | Make use of the operator's occurrence reporting schemes in accordance with OPS 1.037(a)(2). In all such cases, a copy of the report(s) shall be communicated to the commander concerned. |
| --- | --- |

(3)

Make use of the operator's occurrence reporting schemes in accordance with OPS 1.037(a)(2). In all such cases, a copy of the report(s) shall be communicated to the commander concerned.

| (c) | Nothing in paragraph (b) above shall oblige a crew member to report an occurrence which has already been reported by another crew member. |
| --- | --- |

(c)

Nothing in paragraph (b) above shall oblige a crew member to report an occurrence which has already been reported by another crew member.

| (d) | A crew member shall not perform duties on an aeroplane:






  (1) | While under the influence of any drug that may affect his/her faculties in a manner contrary to safety; |
| --- | --- | --- |

(d)

A crew member shall not perform duties on an aeroplane:

(1)

While under the influence of any drug that may affect his/her faculties in a manner contrary to safety;

| (2) | Following deep sea diving except when a reasonable time period has elapsed; |
| --- | --- |

(2)

Following deep sea diving except when a reasonable time period has elapsed;

| (3) | Following blood donation except when a reasonable time period has elapsed; |
| --- | --- |

(3)

Following blood donation except when a reasonable time period has elapsed;

| (4) | If applicable medical requirements are not fulfilled, or if he/she is in any doubt of being able to accomplish his/her assigned duties; or |
| --- | --- |

(4)

If applicable medical requirements are not fulfilled, or if he/she is in any doubt of being able to accomplish his/her assigned duties; or

| (5) | If he/she knows or suspects that he/she is suffering from fatigue, or feels unfit to the extent that the flight may be endangered. |
| --- | --- |

(5)

If he/she knows or suspects that he/she is suffering from fatigue, or feels unfit to the extent that the flight may be endangered.

| (e) | A crew member shall be subject to appropriate requirements on the consumption of alcohol which shall be established by the operator and acceptable by the Authority, and which shall not be less restrictive than the following:






  (1) | No alcohol shall be consumed less than 8 hours prior to the specified reporting time for flight duty or the commencement of standby; |
| --- | --- | --- |

(e)

A crew member shall be subject to appropriate requirements on the consumption of alcohol which shall be established by the operator and acceptable by the Authority, and which shall not be less restrictive than the following:

(1)

No alcohol shall be consumed less than 8 hours prior to the specified reporting time for flight duty or the commencement of standby;

| (2) | The blood alcohol level shall not exceed 0,2 promille at the start of a flight duty period; |
| --- | --- |

(2)

The blood alcohol level shall not exceed 0,2 promille at the start of a flight duty period;

| (3) | No alcohol shall be consumed during the flight duty period or whilst on standby. |
| --- | --- |

(3)

No alcohol shall be consumed during the flight duty period or whilst on standby.

| (f) | The commander shall:






  (1) | Be responsible for the safety of all crew members, passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aeroplane at the end of the flight; |
| --- | --- | --- |

(f)

The commander shall:

(1)

Be responsible for the safety of all crew members, passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aeroplane at the end of the flight;

| (2) | Be responsible for the operation and safety of the aeroplane from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion units are shut down; |
| --- | --- |

(2)

Be responsible for the operation and safety of the aeroplane from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion units are shut down;

| (3) | Have authority to give all commands he/she deems necessary for the purpose of securing the safety of the aeroplane and of persons or property carried therein; |
| --- | --- |

(3)

Have authority to give all commands he/she deems necessary for the purpose of securing the safety of the aeroplane and of persons or property carried therein;

| (4) | Have authority to disembark any person, or any part of the cargo, which, in his/her opinion, may represent a potential hazard to the safety of the aeroplane or its occupants; |
| --- | --- |

(4)

Have authority to disembark any person, or any part of the cargo, which, in his/her opinion, may represent a potential hazard to the safety of the aeroplane or its occupants;

| (5) | Not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered; |
| --- | --- |

(5)

Not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered;

| (6) | Have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants; |
| --- | --- |

(6)

Have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants;

| (7) | Ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment; |
| --- | --- |

(7)

Ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;

| (8) | Ensure that all operational procedures and check lists are complied with in accordance with the Operations Manual; |
| --- | --- |

(8)

Ensure that all operational procedures and check lists are complied with in accordance with the Operations Manual;

| (9) | Not permit any crew member to perform any activity during take-off, initial climb, final approach and landing except those duties required for the safe operation of the aeroplane; |
| --- | --- |

(9)

Not permit any crew member to perform any activity during take-off, initial climb, final approach and landing except those duties required for the safe operation of the aeroplane;

| (10) | Not permit:






  (i) | A flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting; |
| --- | --- | --- |

(10)

Not permit:

(i)

A flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting;

| (ii) | A cockpit voice recorder to be disabled or switched off during flight unless he/she believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or an incident subject to mandatory reporting; |
| --- | --- |

(ii)

A cockpit voice recorder to be disabled or switched off during flight unless he/she believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or an incident subject to mandatory reporting;

| (11) | Decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; and |
| --- | --- |

(11)

Decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; and

| (12) | Ensure that the pre-flight inspection has been carried out. |
| --- | --- |

(12)

Ensure that the pre-flight inspection has been carried out.

| (g) | The commander shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety. |
| --- | --- |

(g)

The commander shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.

OPS 1.090

Authority of the commander

An operator shall take all reasonable measures to ensure that all persons carried in the aeroplane obey all lawful commands given by the commander for the purpose of securing the safety of the aeroplane and of persons or property carried therein.

OPS 1.095

Authority to taxi an aeroplane

An operator shall take all reasonable steps to ensure that an aeroplane in his charge is not taxied on the movement area of an aerodrome by a person other than a flight crew member, unless that person, seated at the controls:

| (1) | Has been duly authorised by the operator or a designated agent and is competent to;






  (i) | taxi the aeroplane; |
| --- | --- | --- |

(1)

Has been duly authorised by the operator or a designated agent and is competent to;

(i)

taxi the aeroplane;

| (ii) | use the radio telephone; and |
| --- | --- |

(ii)

use the radio telephone; and

| (2) | Has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aeroplane movement at the aerodrome. |
| --- | --- |

(2)

Has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

OPS 1.100

Admission to flight deck

| (a) | An operator must ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight deck unless that person is:






  (1) | An operating crew member; |
| --- | --- | --- |

(a)

An operator must ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight deck unless that person is:

(1)

An operating crew member;

| (2) | A representative of the Authority responsible for certification, licensing or inspection if this is required for the performance of his/her official duties; or |
| --- | --- |

(2)

A representative of the Authority responsible for certification, licensing or inspection if this is required for the performance of his/her official duties; or

| (3) | Permitted by, and carried in accordance with instructions contained in the Operations Manual. |
| --- | --- |

(3)

Permitted by, and carried in accordance with instructions contained in the Operations Manual.

| (b) | The commander shall ensure that:






  (1) | In the interests of safety, admission to the flight deck does not cause distraction and/or interfere with the flight's operation; and |
| --- | --- | --- |

(b)

The commander shall ensure that:

(1)

In the interests of safety, admission to the flight deck does not cause distraction and/or interfere with the flight's operation; and

| (2) | All persons carried on the flight deck are made familiar with the relevant safety procedures. |
| --- | --- |

(2)

All persons carried on the flight deck are made familiar with the relevant safety procedures.

| (c) | The final decision regarding the admission to the flight deck shall be the responsibility of the commander. |
| --- | --- |

(c)

The final decision regarding the admission to the flight deck shall be the responsibility of the commander.

OPS 1.105

Unauthorised carriage

An operator shall take all reasonable measures to ensure that no person secretes himself/herself or secretes cargo on board an aeroplane.

OPS 1.110

Portable electronic devices

An operator shall not permit any person to use, and take all reasonable measures to ensure that no person does use, on board an aeroplane a portable electronic device that can adversely affect the performance of the aeroplane's systems and equipment.

OPS 1.115

Alcohol and drugs

An operator shall not permit any person to enter or be in, and take all reasonable measures to ensure that no person enters or is in, an aeroplane when under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered.

OPS 1.120

Endangering safety

An operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act:

| (1) | so as to endanger an aeroplane or person therein; |
| --- | --- |

(1)

so as to endanger an aeroplane or person therein;

| (2) | so as to cause or permit an aeroplane to endanger any person or property. |
| --- | --- |

(2)

so as to cause or permit an aeroplane to endanger any person or property.

OPS 1.125

Documents to be carried

| (a) | An operator shall ensure that the following documents or copies thereof are carried on each flight:






  (1) | The Certificate of Registration; |
| --- | --- | --- |

(a)

An operator shall ensure that the following documents or copies thereof are carried on each flight:

(1)

The Certificate of Registration;

| (2) | The Certificate of Airworthiness; |
| --- | --- |

(2)

The Certificate of Airworthiness;

| (3) | The original or a copy of the Noise Certificate (if applicable), including an English translation, where one has been provided by the Authority responsible for issuing the noise certificate; |
| --- | --- |

(3)

The original or a copy of the Noise Certificate (if applicable), including an English translation, where one has been provided by the Authority responsible for issuing the noise certificate;

| (4) | The original or a copy of the Air Operator Certificate; |
| --- | --- |

(4)

The original or a copy of the Air Operator Certificate;

| (5) | The Aircraft Radio Licence; and |
| --- | --- |

(5)

The Aircraft Radio Licence; and

| (6) | The original or a copy of the Third party liability Insurance Certificate(s). |
| --- | --- |

(6)

The original or a copy of the Third party liability Insurance Certificate(s).

| (b) | Each flight crew member shall, on each flight, carry a valid flight crew licence with appropriate rating(s) for the purpose of the flight. |
| --- | --- |

(b)

Each flight crew member shall, on each flight, carry a valid flight crew licence with appropriate rating(s) for the purpose of the flight.

OPS 1.130

Manuals to be carried

An operator shall ensure that:

| (1) | The current parts of the Operations Manual relevant to the duties of the crew are carried on each flight; |
| --- | --- |

(1)

The current parts of the Operations Manual relevant to the duties of the crew are carried on each flight;

| (2) | Those parts of the Operations Manual which are required for the conduct of a flight are easily accessible to the crew on board the aeroplane; and |
| --- | --- |

(2)

Those parts of the Operations Manual which are required for the conduct of a flight are easily accessible to the crew on board the aeroplane; and

| (3) | The current Aeroplane Flight Manual is carried in the aeroplane unless the Authority has accepted that the Operations Manual prescribed in OPS 1.1045, Appendix 1, Part B contains relevant information for that aeroplane. |
| --- | --- |

(3)

The current Aeroplane Flight Manual is carried in the aeroplane unless the Authority has accepted that the Operations Manual prescribed in OPS 1.1045, Appendix 1, Part B contains relevant information for that aeroplane.

OPS 1.135

Additional information and forms to be carried

| (a) | An operator shall ensure that, in addition to the documents and manuals prescribed in OPS 1.125 and OPS 1.130, the following information and forms, relevant to the type and area of operation, are carried on each flight:






  (1) | Operational Flight Plan containing at least the information required in OPS 1.1060; |
| --- | --- | --- |

(a)

An operator shall ensure that, in addition to the documents and manuals prescribed in OPS 1.125 and OPS 1.130, the following information and forms, relevant to the type and area of operation, are carried on each flight:

(1)

Operational Flight Plan containing at least the information required in OPS 1.1060;

| (2) | Aeroplane Technical Log containing at least the information required in Part M, paragraph M. A. 306; |
| --- | --- |

(2)

Aeroplane Technical Log containing at least the information required in Part M, paragraph M. A. 306;

| (3) | Details of the filed ATS flight plan; |
| --- | --- |

(3)

Details of the filed ATS flight plan;

| (4) | Appropriate NOTAM/AIS briefing documentation; |
| --- | --- |

(4)

Appropriate NOTAM/AIS briefing documentation;

| (5) | Appropriate meteorological information; |
| --- | --- |

(5)

Appropriate meteorological information;

| (6) | Mass and balance documentation as specified in Subpart J; |
| --- | --- |

(6)

Mass and balance documentation as specified in Subpart J;

| (7) | Notification of special categories of passenger such as security personnel, if not considered as crew, handicapped persons, inadmissible passengers, deportees and persons in custody; |
| --- | --- |

(7)

Notification of special categories of passenger such as security personnel, if not considered as crew, handicapped persons, inadmissible passengers, deportees and persons in custody;

| (8) | Notification of special loads including dangerous goods including written information to the commander as prescribed in OPS 1.1215 (d); |
| --- | --- |

(8)

Notification of special loads including dangerous goods including written information to the commander as prescribed in OPS 1.1215 (d);

| (9) | Current maps and charts and associated documents as prescribed in OPS 1.290 (b)(7); |
| --- | --- |

(9)

Current maps and charts and associated documents as prescribed in OPS 1.290 (b)(7);

| (10) | Any other documentation which may be required by the States concerned with this flight, such as cargo manifest, passenger manifest etc; and |
| --- | --- |

(10)

Any other documentation which may be required by the States concerned with this flight, such as cargo manifest, passenger manifest etc; and

| (11) | Forms to comply with the reporting requirements of the Authority and the operator. |
| --- | --- |

(11)

Forms to comply with the reporting requirements of the Authority and the operator.

| (b) | The Authority may permit the information detailed in sub-paragraph (a) above, or parts thereof, to be presented in a form other than on printed paper. An acceptable standard of accessibility, usability and reliability must be assured. |
| --- | --- |

(b)

The Authority may permit the information detailed in sub-paragraph (a) above, or parts thereof, to be presented in a form other than on printed paper. An acceptable standard of accessibility, usability and reliability must be assured.

OPS 1.140

Information retained on the ground

| (a) | An operator shall ensure that: At least for the duration of each flight or series of flights;






  (i) | Information relevant to the flight and appropriate for the type of operation is preserved on the ground; and |
| --- | --- | --- |

(a)

An operator shall ensure that: At least for the duration of each flight or series of flights;

(i)

Information relevant to the flight and appropriate for the type of operation is preserved on the ground; and

| (ii) | The information is retained until it has been duplicated at the place at which it will be stored in accordance with OPS 1.1065; or, if this is impracticable, |
| --- | --- |

(ii)

The information is retained until it has been duplicated at the place at which it will be stored in accordance with OPS 1.1065; or, if this is impracticable,

| (iii) | The same information is carried in a fireproof container in the aeroplane. |
| --- | --- |

(iii)

The same information is carried in a fireproof container in the aeroplane.

| (b) | The information referred to in subparagraph (a) above includes:






  (1) | A copy of the operational flight plan where appropriate; |
| --- | --- | --- |

(b)

The information referred to in subparagraph (a) above includes:

(1)

A copy of the operational flight plan where appropriate;

| (2) | Copies of the relevant part(s) of the aeroplane technical log; |
| --- | --- |

(2)

Copies of the relevant part(s) of the aeroplane technical log;

| (3) | Route specific NOTAM documentation if specifically edited by the operator; |
| --- | --- |

(3)

Route specific NOTAM documentation if specifically edited by the operator;

| (4) | Mass and balance documentation if required (OPS 1.625 refers); and |
| --- | --- |

(4)

Mass and balance documentation if required (OPS 1.625 refers); and

| (5) | Special loads notification. |
| --- | --- |

(5)

Special loads notification.

OPS 1.145

Power to inspect

An operator shall ensure that any person authorised by the Authority is permitted at any time to board and fly in any aeroplane operated in accordance with an AOC issued by that Authority and to enter and remain on the flight deck provided that the commander may refuse access to the flight deck if, in his/her opinion, the safety of the aeroplane would thereby be endangered.

OPS 1.150

Production of documentation and records

| (a) | An operator shall:






  (1) | Give any person authorised by the Authority access to any documents and records which are related to flight operations or maintenance; and |
| --- | --- | --- |

(a)

An operator shall:

(1)

Give any person authorised by the Authority access to any documents and records which are related to flight operations or maintenance; and

| (2) | Produce all such documents and records, when requested to do so by the Authority, within a reasonable period of time. |
| --- | --- |

(2)

Produce all such documents and records, when requested to do so by the Authority, within a reasonable period of time.

| (b) | The commander shall, within a reasonable time of being requested to do so by a person authorised by an Authority, produce to that person the documentation required to be carried on board. |
| --- | --- |

(b)

The commander shall, within a reasonable time of being requested to do so by a person authorised by an Authority, produce to that person the documentation required to be carried on board.

OPS 1.155

Preservation of documentation

An operator shall ensure that:

| (1) | Any original documentation, or copies thereof, that he is required to preserve is preserved for the required retention period even if he ceases to be the operator of the aeroplane; and |
| --- | --- |

(1)

Any original documentation, or copies thereof, that he is required to preserve is preserved for the required retention period even if he ceases to be the operator of the aeroplane; and

| (2) | Where a crew member, in respect of whom an operator has kept flight duty, duty and rest period records, becomes a crew member for another operator, that record is made available to the new operator. |
| --- | --- |

(2)

Where a crew member, in respect of whom an operator has kept flight duty, duty and rest period records, becomes a crew member for another operator, that record is made available to the new operator.

OPS 1.160

Preservation, production and use of flight recorder recordings

| (a) | Preservation of recordings:






  (1) | Following an accident, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that accident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority. |
| --- | --- | --- |

(a)

Preservation of recordings:

(1)

Following an accident, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that accident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

| (2) | Unless prior permission has been granted by the Authority, following an incident that is subject to mandatory reporting, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that incident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority. |
| --- | --- |

(2)

Unless prior permission has been granted by the Authority, following an incident that is subject to mandatory reporting, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that incident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

| (3) | Additionally, when the Authority so directs, the operator of an aeroplane on which a flight recorder is carried shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority. |
| --- | --- |

(3)

Additionally, when the Authority so directs, the operator of an aeroplane on which a flight recorder is carried shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority.

| (4) | When a flight data recorder is required to be carried aboard an aeroplane, the operator of that aeroplane shall:






  (i) | Save the recordings for the period of operating time as required by OPS 1.715, 1.720 and 1.725 except that, for the purpose of testing and maintaining flight data recorders, up to one hour of the oldest recorded material at the time of testing may be erased; and |
| --- | --- | --- |

(4)

When a flight data recorder is required to be carried aboard an aeroplane, the operator of that aeroplane shall:

(i)

Save the recordings for the period of operating time as required by OPS 1.715, 1.720 and 1.725 except that, for the purpose of testing and maintaining flight data recorders, up to one hour of the oldest recorded material at the time of testing may be erased; and

| (ii) | Keep a document which presents the information necessary to retrieve and convert the stored data into engineering units. |
| --- | --- |

(ii)

Keep a document which presents the information necessary to retrieve and convert the stored data into engineering units.

| (b) | Production of recordings
  The operator of an aeroplane on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Authority, produce any recording made by a flight recorder which is available or has been preserved. |
| --- | --- |

(b)

Production of recordings

The operator of an aeroplane on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Authority, produce any recording made by a flight recorder which is available or has been preserved.

| (c) | Use of recordings






  (1) | The cockpit voice recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except with the consent of all crew members concerned. |
| --- | --- | --- |

(c)

Use of recordings

(1)

The cockpit voice recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except with the consent of all crew members concerned.

| (2) | The flight data recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except when such records are:






  (i) | Used by the operator for airworthiness or maintenance purposes only; or |
| --- | --- | --- |

(2)

The flight data recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except when such records are:

(i)

Used by the operator for airworthiness or maintenance purposes only; or

| (ii) | De-identified; or |
| --- | --- |

(ii)

De-identified; or

| (iii) | Disclosed under secure procedures. |
| --- | --- |

(iii)

Disclosed under secure procedures.

OPS 1.165

Leasing

| (a) | Terminology
  Terms used in this paragraph have the following meaning:






  (1) | Dry lease — Is when the aeroplane is operated under the AOC of the lessee. |
| --- | --- | --- |

(a)

Terminology

Terms used in this paragraph have the following meaning:

(1)

Dry lease — Is when the aeroplane is operated under the AOC of the lessee.

| (2) | Wet lease — Is when the aeroplane is operated under the AOC of the lessor. |
| --- | --- |

(2)

Wet lease — Is when the aeroplane is operated under the AOC of the lessor.

| (b) | Leasing of aeroplanes between Community operators






  (1) | Wet lease-out. A Community operator providing an aeroplane and complete crew to another Community operator, in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1), and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane. |
| --- | --- | --- |

(b)

Leasing of aeroplanes between Community operators

(1)

Wet lease-out. A Community operator providing an aeroplane and complete crew to another Community operator, in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1), and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

| (2) | All leases except wet lease-out






  (i) | Except as provided by subparagraph (b)(1) above, a Community operator utilising an aeroplane from, or providing it to, another Community operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement. |
| --- | --- | --- |

(2)

All leases except wet lease-out

(i)

Except as provided by subparagraph (b)(1) above, a Community operator utilising an aeroplane from, or providing it to, another Community operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement.

| (ii) | Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated. |
| --- | --- |

(ii)

Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

| (c) | Leasing of aeroplanes between a Community operator and any entity other than a Community operator:






  (1) | Dry lease-in






  (i) | A Community operator shall not dry lease-in an aeroplane from an entity other than another Community operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement. |
| --- | --- | --- | --- |

(c)

Leasing of aeroplanes between a Community operator and any entity other than a Community operator:

(1)

Dry lease-in

(i)

A Community operator shall not dry lease-in an aeroplane from an entity other than another Community operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement.

| (ii) | A Community operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or OPS 1.005(b), are notified to and are acceptable to the Authority. |
| --- | --- |

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or OPS 1.005(b), are notified to and are acceptable to the Authority.

| (2) | Wet lease-in






  (i) | A Community operator shall not wet lease-in an aeroplane from an entity other than another Community operator without the approval of the Authority. |
| --- | --- | --- |

(2)

Wet lease-in

(i)

A Community operator shall not wet lease-in an aeroplane from an entity other than another Community operator without the approval of the Authority.

| (ii) | A Community operator shall ensure that, with regard to aeroplanes that are wet leased-in:






  (A) | The safety standards of the lessor with respect to maintenance and operation are equivalent to those established by the present Regulation; |
| --- | --- | --- |

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are wet leased-in:

(A)

The safety standards of the lessor with respect to maintenance and operation are equivalent to those established by the present Regulation;

| (B) | The lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention: |
| --- | --- |

(B)

The lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention:

| (C) | The aeroplane has a standard Certificate of Airworthiness issued in accordance with ICAO Annex VIII. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; and |
| --- | --- |

(C)

The aeroplane has a standard Certificate of Airworthiness issued in accordance with ICAO Annex VIII. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; and

| (D) | Any requirement made applicable by the lessee's Authority is complied with. |
| --- | --- |

(D)

Any requirement made applicable by the lessee's Authority is complied with.

| (3) | Dry lease-out
  A Community operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:






  (A) | The Authority exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and |
| --- | --- | --- |

(3)

Dry lease-out

A Community operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:

(A)

The Authority exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and

| (B) | The aeroplane is maintained according to an approved maintenance programme. |
| --- | --- |

(B)

The aeroplane is maintained according to an approved maintenance programme.

| (4) | Wet lease-out
  A Community operator providing an aeroplane and complete crew to another entity, in accordance with Regulation (EEC) No 2407/92, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane. |
| --- | --- |

(4)

Wet lease-out

A Community operator providing an aeroplane and complete crew to another entity, in accordance with Regulation (EEC) No 2407/92, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

Appendix 1 to OPS 1.005(a)

Operations of performance class B aeroplanes

| (a) | Terminology






  (1) | A to A operations — Take-off and landing are made at the same place. |
| --- | --- | --- |

(a)

Terminology

(1)

A to A operations — Take-off and landing are made at the same place.

| (2) | A to B operations — Take-off and landing are made at different places. |
| --- | --- |

(2)

A to B operations — Take-off and landing are made at different places.

| (3) | Night — The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority. |
| --- | --- |

(3)

Night — The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority.

| (b) | Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.






  (1) | OPS 1.035 Quality System: In the case of a very small operator, the post of Quality Manager may be held by a nominated postholder if external auditors are used. This applies also where the accountable manager is holding one or several of the nominated posts. |
| --- | --- | --- |

(b)

Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.

(1)

OPS 1.035 Quality System: In the case of a very small operator, the post of Quality Manager may be held by a nominated postholder if external auditors are used. This applies also where the accountable manager is holding one or several of the nominated posts.

| (2) | Reserved |
| --- | --- |

(2)

Reserved

| (3) | OPS 1.075 Methods of carriage of persons: Not required for VFR operations of single engine aeroplanes. |
| --- | --- |

(3)

OPS 1.075 Methods of carriage of persons: Not required for VFR operations of single engine aeroplanes.

| (4) | OPS 1.100 Admission to the flight deck:






  (i) | An operator must establish rules for the carriage of passengers in a pilot seat. |
| --- | --- | --- |

(4)

OPS 1.100 Admission to the flight deck:

(i)

An operator must establish rules for the carriage of passengers in a pilot seat.

| (ii) | The commander must ensure that;






  (A) | Carriage of passengers in a pilot seat does not cause distraction and/or interference with the operation of the flight; and |
| --- | --- | --- |

(ii)

The commander must ensure that;

(A)

Carriage of passengers in a pilot seat does not cause distraction and/or interference with the operation of the flight; and

| (B) | The passenger occupying a pilot seat is made familiar with the relevant restrictions and safety procedures. |
| --- | --- |

(B)

The passenger occupying a pilot seat is made familiar with the relevant restrictions and safety procedures.

| (5) | OPS 1.105 Unauthorised Carriage: Not required for VFR operations of single engine aeroplanes. |
| --- | --- |

(5)

OPS 1.105 Unauthorised Carriage: Not required for VFR operations of single engine aeroplanes.

| (6) | OPS 1.135 Additional information and forms to be carried:






  (i) | For A to A VFR operations of single engine aeroplanes by day, the following documents need not be carried:






  (A) | Operational Flight Plan; |
| --- | --- | --- | --- |

(6)

OPS 1.135 Additional information and forms to be carried:

(i)

For A to A VFR operations of single engine aeroplanes by day, the following documents need not be carried:

(A)

Operational Flight Plan;

| (B) | Aeroplane Technical Log; |
| --- | --- |

(B)

Aeroplane Technical Log;

| (C) | NOTAM/AIS briefing documentation; |
| --- | --- |

(C)

NOTAM/AIS briefing documentation;

| (D) | Meteorological Information; |
| --- | --- |

(D)

Meteorological Information;

| (E) | Notification of special categories of passengers etc.; and |
| --- | --- |

(E)

Notification of special categories of passengers etc.; and

| (F) | Notification of special loads including dangerous goods etc. |
| --- | --- |

(F)

Notification of special loads including dangerous goods etc.

| (ii) | For A to B VFR operations of single engine aeroplanes by day, notification of special categories of passengers as described in OPS 1.135 (a)(7) does not need to be carried. |
| --- | --- |

(ii)

For A to B VFR operations of single engine aeroplanes by day, notification of special categories of passengers as described in OPS 1.135 (a)(7) does not need to be carried.

| (iii) | For A to B VFR operations by day, the Operational Flight Plan may be in a simplified form and must meet the needs of the type of operation. |
| --- | --- |

(iii)

For A to B VFR operations by day, the Operational Flight Plan may be in a simplified form and must meet the needs of the type of operation.

| (7) | OPS 1.215 Use of Air Traffic Services: For VFR operations of single engine aeroplanes by day, non mandatory contact with ATS shall be maintained to the extent appropriate to the nature of the operation. Search and rescue services must be ensured in accordance with OPS 1.300. |
| --- | --- |

(7)

OPS 1.215 Use of Air Traffic Services: For VFR operations of single engine aeroplanes by day, non mandatory contact with ATS shall be maintained to the extent appropriate to the nature of the operation. Search and rescue services must be ensured in accordance with OPS 1.300.

| (8) | OPS 1.225 Aerodrome Operating Minima: For VFR operations, the standard VFR operating minima will normally cover this requirement. Where necessary, the operator shall specify additional requirements taking into account such factors as radio coverage, terrain, nature of sites for take-off and landing, flight conditions and ATS capacity |
| --- | --- |

(8)

OPS 1.225 Aerodrome Operating Minima: For VFR operations, the standard VFR operating minima will normally cover this requirement. Where necessary, the operator shall specify additional requirements taking into account such factors as radio coverage, terrain, nature of sites for take-off and landing, flight conditions and ATS capacity

| (9) | OPS 1.235 Noise abatement procedures: Not applicable to VFR operations of single engine aeroplanes. |
| --- | --- |

(9)

OPS 1.235 Noise abatement procedures: Not applicable to VFR operations of single engine aeroplanes.

| (10) | OPS 1.240 Routes and Areas of Operation:
  Subparagraph (a)(1) is not applicable to A to A VFR operations of single engine aeroplanes by day. |
| --- | --- |

(10)

OPS 1.240 Routes and Areas of Operation:

Subparagraph (a)(1) is not applicable to A to A VFR operations of single engine aeroplanes by day.

| (11) | OPS 1.250 Establishment of minimum flight altitudes:
  For VFR operations by day, this requirement is applicable as follows. An operator shall ensure that operations are only conducted along such routes or within such areas for which a safe terrain clearance can be maintained and shall take account of such factors as temperature, terrain, unfavourable meteorological conditions (e.g. severe turbulence and descending air currents, corrections for temperature and pressure variations from standard values). |
| --- | --- |

(11)

OPS 1.250 Establishment of minimum flight altitudes:

For VFR operations by day, this requirement is applicable as follows. An operator shall ensure that operations are only conducted along such routes or within such areas for which a safe terrain clearance can be maintained and shall take account of such factors as temperature, terrain, unfavourable meteorological conditions (e.g. severe turbulence and descending air currents, corrections for temperature and pressure variations from standard values).

| (12) | OPS 1.255 Fuel Policy:






  (i) | For A to A Flights — An operator shall specify the minimum fuel contents at which a flight must end. This minimum, final reserve, fuel must not be less than the amount needed to fly for a period of 45 minutes. |
| --- | --- | --- |

(12)

OPS 1.255 Fuel Policy:

(i)

For A to A Flights — An operator shall specify the minimum fuel contents at which a flight must end. This minimum, final reserve, fuel must not be less than the amount needed to fly for a period of 45 minutes.

| (ii) | For A to B Flights — An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes;






  (A) | Taxi fuel — Fuel consumed before take-off, if significant; and |
| --- | --- | --- |

(ii)

For A to B Flights — An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes;

(A)

Taxi fuel — Fuel consumed before take-off, if significant; and

| (B) | Trip fuel (Fuel to reach the destination); and |
| --- | --- |

(B)

Trip fuel (Fuel to reach the destination); and

| (C) | Reserve fuel






  (1) | Contingency fuel — Fuel that is not less than 5 % of the planned trip fuel or, in the event of in-flight replanning, 5 % of the trip fuel for the remainder of the flight; and |
| --- | --- | --- |

(C)

Reserve fuel

(1)

Contingency fuel — Fuel that is not less than 5 % of the planned trip fuel or, in the event of in-flight replanning, 5 % of the trip fuel for the remainder of the flight; and

| (2) | Final reserve fuel — Fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and |
| --- | --- |

(2)

Final reserve fuel — Fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and

| (D) | Alternate fuel — Fuel to reach the destination alternate via the destination, if a destination alternate is required; and |
| --- | --- |

(D)

Alternate fuel — Fuel to reach the destination alternate via the destination, if a destination alternate is required; and

| (E) | Extra fuel — Fuel that the commander may require in addition to that required under subparagraphs (A)-(D) above. |
| --- | --- |

(E)

Extra fuel — Fuel that the commander may require in addition to that required under subparagraphs (A)-(D) above.

| (13) | OPS 1.265 Carriage of inadmissible passengers, deportees or persons in custody: For VFR operations of single engine aeroplanes and where it is not intended to carry inadmissible passengers, deportees or persons in custody, an operator is not required to establish procedures for the carriage of such passengers. |
| --- | --- |

(13)

OPS 1.265 Carriage of inadmissible passengers, deportees or persons in custody: For VFR operations of single engine aeroplanes and where it is not intended to carry inadmissible passengers, deportees or persons in custody, an operator is not required to establish procedures for the carriage of such passengers.

| (14) | OPS 1.280 Passenger Seating: Not Applicable to VFR operations of single engine aeroplanes. |
| --- | --- |

(14)

OPS 1.280 Passenger Seating: Not Applicable to VFR operations of single engine aeroplanes.

| (15) | OPS 1.285 Passenger Briefing: Demonstration and briefing shall be given as appropriate to the kind of operations. In single pilot operations, the pilot may not be allocated tasks distracting him/her from his/her flying duties. |
| --- | --- |

(15)

OPS 1.285 Passenger Briefing: Demonstration and briefing shall be given as appropriate to the kind of operations. In single pilot operations, the pilot may not be allocated tasks distracting him/her from his/her flying duties.

| (16) | OPS 1.290 Flight Preparation:






  (i) | Operational Flight Plan for A to A operations — Not Required. |
| --- | --- | --- |

(16)

OPS 1.290 Flight Preparation:

(i)

Operational Flight Plan for A to A operations — Not Required.

| (ii) | A to B operations under VFR by day — An operator shall ensure that a simplified form of an operational flight plan which is relevant to the type of operation is completed for each flight. |
| --- | --- |

(ii)

A to B operations under VFR by day — An operator shall ensure that a simplified form of an operational flight plan which is relevant to the type of operation is completed for each flight.

| (17) | OPS 1.295 Selection of aerodromes: Not applicable to VFR operations.
  The necessary instructions for the use of aerodromes and sites for take-off and landing are to be issued with reference to OPS 1.220. |
| --- | --- |

(17)

OPS 1.295 Selection of aerodromes: Not applicable to VFR operations.

The necessary instructions for the use of aerodromes and sites for take-off and landing are to be issued with reference to OPS 1.220.

| (18) | OPS 1.310 Crew members at stations:
  For VFR operations, instructions on this matter are required only where two pilot operations are conducted. |
| --- | --- |

(18)

OPS 1.310 Crew members at stations:

For VFR operations, instructions on this matter are required only where two pilot operations are conducted.

| (19) | OPS 1.375 In-flight fuel management:
  Appendix 1 to OPS 1.375 is not required to be applied to VFR operations of single engine aeroplanes by day. |
| --- | --- |

(19)

OPS 1.375 In-flight fuel management:

Appendix 1 to OPS 1.375 is not required to be applied to VFR operations of single engine aeroplanes by day.

| (20) | OPS 1.405 Commencement and continuation of approach:
  Not applicable to VFR operations. |
| --- | --- |

(20)

OPS 1.405 Commencement and continuation of approach:

Not applicable to VFR operations.

| (21) | OPS 1.410 Operating procedures — threshold crossing height:
  Not applicable to VFR operations. |
| --- | --- |

(21)

OPS 1.410 Operating procedures — threshold crossing height:

Not applicable to VFR operations.

| (22) | OPS 1.430 to 1.460, including appendices:
  Not applicable to VFR operations. |
| --- | --- |

(22)

OPS 1.430 to 1.460, including appendices:

Not applicable to VFR operations.

| (23) | OPS 1.530 Take-off:






  (i) | Subparagraph (a) applies with the following addition. The Authority may, on a case-by-case basis, accept other performance data produced by the operator and based on demonstration and/or documented experience. Subparagraphs (b) and (c) apply with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience. |
| --- | --- | --- |

(23)

OPS 1.530 Take-off:

(i)

Subparagraph (a) applies with the following addition. The Authority may, on a case-by-case basis, accept other performance data produced by the operator and based on demonstration and/or documented experience. Subparagraphs (b) and (c) apply with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

| (ii) | An operator wishing to conduct operations according to subparagraph (i) must have the prior approval of the Authority issuing the AOC. Such an approval will:






  (A) | Specify the type of aeroplane; |
| --- | --- | --- |

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have the prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

| (B) | Specify the type of operation; |
| --- | --- |

(B)

Specify the type of operation;

| (C) | Specify the aerodrome(s) and runways concerned; |
| --- | --- |

(C)

Specify the aerodrome(s) and runways concerned;

| (D) | Restrict the take-off to be conducted under VMC; |
| --- | --- |

(D)

Restrict the take-off to be conducted under VMC;

| (E) | Specify the crew qualification, and |
| --- | --- |

(E)

Specify the crew qualification, and

| (F) | Be limited to aeroplanes where the first type certificate was first issued before 1 January 2005. |
| --- | --- |

(F)

Be limited to aeroplanes where the first type certificate was first issued before 1 January 2005.

| (iii) | The operation must be accepted by the State in which the aerodrome is located. |
| --- | --- |

(iii)

The operation must be accepted by the State in which the aerodrome is located.

| (24) | OPS 1.535 Take-off Obstacle Clearance — Multi-Engined aeroplanes:






  (i) | Subparagraphs (a)(3), (a)(4), (a)(5), (b)(2), (c)(1), (c)(2) and the Appendix are not applicable to VFR operations by day. |
| --- | --- | --- |

(24)

OPS 1.535 Take-off Obstacle Clearance — Multi-Engined aeroplanes:

(i)

Subparagraphs (a)(3), (a)(4), (a)(5), (b)(2), (c)(1), (c)(2) and the Appendix are not applicable to VFR operations by day.

| (ii) | For IFR or VFR operations by day, sub-paragraphs (b) and (c) apply with the following variations.






  (A) | Visual course guidance is considered available when the flight visibility is 1 500 m or more |
| --- | --- | --- |

(ii)

For IFR or VFR operations by day, sub-paragraphs (b) and (c) apply with the following variations.

(A)

Visual course guidance is considered available when the flight visibility is 1 500 m or more

| (B) | The maximum corridor width required is 300 m when flight visibility is 1 500 m or more. |
| --- | --- |

(B)

The maximum corridor width required is 300 m when flight visibility is 1 500 m or more.

| (25) | OPS 1.545 Landing — Destination and Alternate Aerodromes:






  (i) | The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience. |
| --- | --- | --- |

(25)

OPS 1.545 Landing — Destination and Alternate Aerodromes:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

| (ii) | An operator wishing to conduct operations according to subparagraph (I) must have prior approval of the Authority issuing the AOC. Such an approval will:






  (A) | Specify the type of aeroplane; |
| --- | --- | --- |

(ii)

An operator wishing to conduct operations according to subparagraph (I) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

| (B) | Specify the type of operation; |
| --- | --- |

(B)

Specify the type of operation;

| (C) | Specify the aerodrome(s) and runways concerned; |
| --- | --- |

(C)

Specify the aerodrome(s) and runways concerned;

| (D) | Restrict the final approach and landing to be conducted under VMC; |
| --- | --- |

(D)

Restrict the final approach and landing to be conducted under VMC;

| (E) | Specify the crew qualification, and |
| --- | --- |

(E)

Specify the crew qualification, and

| (F) | Be limited to aeroplanes where the type certificate was first issued before 1 January 2005. |
| --- | --- |

(F)

Be limited to aeroplanes where the type certificate was first issued before 1 January 2005.

| (iii) | The operation must be accepted by the State in which the aerodrome is located. |
| --- | --- |

(iii)

The operation must be accepted by the State in which the aerodrome is located.

| (26) | OPS 1.550 Landing — Dry Runways:






  (i) | The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience. |
| --- | --- | --- |

(26)

OPS 1.550 Landing — Dry Runways:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

| (ii) | An operator wishing to conduct operations according to subparagraph (i) must have prior approval of the Authority issuing the AOC. Such an approval will:






  (A) | Specify the type of aeroplane; |
| --- | --- | --- |

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

| (B) | Specify the type of operation; |
| --- | --- |

(B)

Specify the type of operation;

| (C) | Specify the aerodrome(s) and runways concerned; |
| --- | --- |

(C)

Specify the aerodrome(s) and runways concerned;

| (D) | Restrict the final approach and landing to be conducted under VMC; |
| --- | --- |

(D)

Restrict the final approach and landing to be conducted under VMC;

| (E) | Specify the crew qualification; and |
| --- | --- |

(E)

Specify the crew qualification; and

| (F) | Be limited to aeroplanes where the first type certificate was issued before 1 January 2005. |
| --- | --- |

(F)

Be limited to aeroplanes where the first type certificate was issued before 1 January 2005.

| (iii) | The operation must be accepted by the State in which the aerodrome is located. |
| --- | --- |

(iii)

The operation must be accepted by the State in which the aerodrome is located.

| (27) | Reserved |
| --- | --- |

(27)

Reserved

| (28) | OPS 1.650 Day VFR operations:
  Paragraph 1.650 is applicable with the following addition. Single engine aeroplanes, first issued with an individual certificate of airworthiness before 22 May 1995, may be exempted from the requirements of subparagraphs (f), (g), (h) and (i) by the Authority if the fulfilment would require retrofitting. |
| --- | --- |

(28)

OPS 1.650 Day VFR operations:

Paragraph 1.650 is applicable with the following addition. Single engine aeroplanes, first issued with an individual certificate of airworthiness before 22 May 1995, may be exempted from the requirements of subparagraphs (f), (g), (h) and (i) by the Authority if the fulfilment would require retrofitting.

| (29) | Part M, paragraph M.A.704, Continuing Airworthiness Management Exposition
  The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted; |
| --- | --- |

(29)

Part M, paragraph M.A.704, Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted;

| (30) | Part M, paragraph M. A. 306, Aeroplane Technical Log:
  The Authority may approve an abbreviated form of Technical Log System, relevant to the type of operation conducted. |
| --- | --- |

(30)

Part M, paragraph M. A. 306, Aeroplane Technical Log:

The Authority may approve an abbreviated form of Technical Log System, relevant to the type of operation conducted.

| (31) | OPS 1.940 Composition of Flight Crew:
  Subparagraphs (a)(2), (a)(4), and (b) are not applicable to VFR operations by day, except that (a)(4) must be applied in full where 2 pilots are required by OPS 1. |
| --- | --- |

(31)

OPS 1.940 Composition of Flight Crew:

Subparagraphs (a)(2), (a)(4), and (b) are not applicable to VFR operations by day, except that (a)(4) must be applied in full where 2 pilots are required by OPS 1.

| (32) | OPS 1.945 Conversion training and checking:






  (i) | Subparagraph (a)(7) — Line flying under supervision (LIFUS) may be performed on any aeroplane within the applicable class. The amount of LIFUS required is dependent on the complexity of the operations to be performed. |
| --- | --- | --- |

(32)

OPS 1.945 Conversion training and checking:

(i)

Subparagraph (a)(7) — Line flying under supervision (LIFUS) may be performed on any aeroplane within the applicable class. The amount of LIFUS required is dependent on the complexity of the operations to be performed.

| (ii) | Subparagraph (a)(8) is not required. |
| --- | --- |

(ii)

Subparagraph (a)(8) is not required.

| (33) | OPS 1.955 Nomination as commander:
  Subparagraph (b) applies as follows: The Authority may accept an abbreviated command course relevant to the type of operation conducted. |
| --- | --- |

(33)

OPS 1.955 Nomination as commander:

Subparagraph (b) applies as follows: The Authority may accept an abbreviated command course relevant to the type of operation conducted.

| (34) | OPS 1.960 Commanders holding a Commercial Pilot Licence
  Subparagraph (a)(1)(i) is not applicable to VFR operations by day. |
| --- | --- |

(34)

OPS 1.960 Commanders holding a Commercial Pilot Licence

Subparagraph (a)(1)(i) is not applicable to VFR operations by day.

| (35) | OPS 1.965 Recurrent training and checking:






  (i) | Subparagraph (a)(1) shall be applied as follows for VFR operations by day. All training and checking shall be relevant to the type of operation and class of aeroplane on which the flight crew member operates with due account taken of any specialised equipment used. |
| --- | --- | --- |

(35)

OPS 1.965 Recurrent training and checking:

(i)

Subparagraph (a)(1) shall be applied as follows for VFR operations by day. All training and checking shall be relevant to the type of operation and class of aeroplane on which the flight crew member operates with due account taken of any specialised equipment used.

| (ii) | Subparagraph (a)(3(ii) applies as follows. Training in the aeroplane may be conducted by a Class Rating Examiner (CRE), a Flight Examiner (FE) or a Type Rating Examiner (TRE). |
| --- | --- |

(ii)

Subparagraph (a)(3(ii) applies as follows. Training in the aeroplane may be conducted by a Class Rating Examiner (CRE), a Flight Examiner (FE) or a Type Rating Examiner (TRE).

| (iii) | Subparagraph (a)(4)(i) applies as follows. Operator proficiency check may be conducted by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or by a suitably qualified commander nominated by the operator and acceptable to the Authority, trained in CRM concepts and the assessment of CRM skills. |
| --- | --- |

(iii)

Subparagraph (a)(4)(i) applies as follows. Operator proficiency check may be conducted by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or by a suitably qualified commander nominated by the operator and acceptable to the Authority, trained in CRM concepts and the assessment of CRM skills.

| (iv) | Sub-paragraph (b)(2) shall be applicable as follows for VFR operations by day. In those cases where the operations are conducted during seasons not longer than 8 consecutive months, 1 operator proficiency check is sufficient. This proficiency check must be undertaken before commencing commercial air transport operations. |
| --- | --- |

(iv)

Sub-paragraph (b)(2) shall be applicable as follows for VFR operations by day. In those cases where the operations are conducted during seasons not longer than 8 consecutive months, 1 operator proficiency check is sufficient. This proficiency check must be undertaken before commencing commercial air transport operations.

| (36) | OPS 1.968 Pilot qualification for either pilot's seat:
  Appendix 1 is not applicable to VFR operations of single engine aeroplanes by day. |
| --- | --- |

(36)

OPS 1.968 Pilot qualification for either pilot's seat:

Appendix 1 is not applicable to VFR operations of single engine aeroplanes by day.

| (37) | OPS 1.975 Route and Aerodrome Competence:






  (i) | For VFR operations by day, subparagraphs (b), (c) and (d) are not applicable, except that the operator shall ensure that in the cases where a special approval by the state of the aerodrome is required, the associated requirements are observed. |
| --- | --- | --- |

(37)

OPS 1.975 Route and Aerodrome Competence:

(i)

For VFR operations by day, subparagraphs (b), (c) and (d) are not applicable, except that the operator shall ensure that in the cases where a special approval by the state of the aerodrome is required, the associated requirements are observed.

| (ii) | For IFR operations or VFR operations by night, as an alternative to subparagraphs (b)-(d), route and aerodrome competence may be revalidated as follows:






  (A) | Except for operations to the most demanding aerodromes, by completion of at least 10 sectors within the area of operation during the preceding 12 months in addition to any required self briefing. |
| --- | --- | --- |

(ii)

For IFR operations or VFR operations by night, as an alternative to subparagraphs (b)-(d), route and aerodrome competence may be revalidated as follows:

(A)

Except for operations to the most demanding aerodromes, by completion of at least 10 sectors within the area of operation during the preceding 12 months in addition to any required self briefing.

| (B) | Operations to the most demanding aerodromes may be performed only if:






  (1) | The commander has been qualified at the aerodrome within the preceding 36 months by a visit as an operating flight crew member or as an observer; |
| --- | --- | --- |

(B)

Operations to the most demanding aerodromes may be performed only if:

(1)

The commander has been qualified at the aerodrome within the preceding 36 months by a visit as an operating flight crew member or as an observer;

| (2) | The approach is performed in VMC from the applicable minimum sector altitude; and |
| --- | --- |

(2)

The approach is performed in VMC from the applicable minimum sector altitude; and

| (3) | An adequate self briefing has been made prior to the flight |
| --- | --- |

(3)

An adequate self briefing has been made prior to the flight

| (38) | OPS 1.980 More than one type or variant:






  (i) | Not applicable if operations are limited to single pilot classes of piston engine aeroplanes under VFR by day. |
| --- | --- | --- |

(38)

OPS 1.980 More than one type or variant:

(i)

Not applicable if operations are limited to single pilot classes of piston engine aeroplanes under VFR by day.

| (ii) | For IFR and VFR Night Operations, the requirement in Appendix 1 to OPS 1.980, subparagraph (d)(2)(i) for 500 hours in the relevant crew position before exercising the privileges of 2 licence endorsements, is reduced to 100 hours or sectors if one of the endorsements is related to a class. A check flight must be completed before the pilot is released for duties as Commander. |
| --- | --- |

(ii)

For IFR and VFR Night Operations, the requirement in Appendix 1 to OPS 1.980, subparagraph (d)(2)(i) for 500 hours in the relevant crew position before exercising the privileges of 2 licence endorsements, is reduced to 100 hours or sectors if one of the endorsements is related to a class. A check flight must be completed before the pilot is released for duties as Commander.

| (39) | OPS 1.981 Operation of helicopters and aeroplanes:
  Subparagraph (a)(1) is not applicable if operations are limited to single pilot classes of piston engine aeroplanes. |
| --- | --- |

(39)

OPS 1.981 Operation of helicopters and aeroplanes:

Subparagraph (a)(1) is not applicable if operations are limited to single pilot classes of piston engine aeroplanes.

| (40) | Reserved |
| --- | --- |

(40)

Reserved

| (41) | OPS 1.1060 Operational flight plan:
  Not required for A to A VFR/Day operations. For A to B VFR/Day operations the requirement is applicable but the flight plan may be in a simplified form relevant to the kind of operations conducted. (cf. OPS 1.135). |
| --- | --- |

(41)

OPS 1.1060 Operational flight plan:

Not required for A to A VFR/Day operations. For A to B VFR/Day operations the requirement is applicable but the flight plan may be in a simplified form relevant to the kind of operations conducted. (cf. OPS 1.135).

| (42) | OPS 1.1070 Continuing Airworthiness Management Exposition
  The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted. |
| --- | --- |

(42)

OPS 1.1070 Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted.

| (43) | OPS 1.1071 Aeroplane technical log:
  Applicable as indicated for Part M, paragraph M. A. 306. |
| --- | --- |

(43)

OPS 1.1071 Aeroplane technical log:

Applicable as indicated for Part M, paragraph M. A. 306.

| (44) | Reserved |
| --- | --- |

(44)

Reserved

| (45) | Reserved |
| --- | --- |

(45)

Reserved

| (46) | OPS 1.1240 Training programmes:
  The training programmes shall be adapted to the kind of operations performed. A self-study training programme may be acceptable for VFR operations. |
| --- | --- |

(46)

OPS 1.1240 Training programmes:

The training programmes shall be adapted to the kind of operations performed. A self-study training programme may be acceptable for VFR operations.

| (47) | OPS 1.1250 Aeroplane search procedure checklist:
  Not applicable for VFR operations by day.
  Appendix 1 to OPS 1.125.
  Documents to be carried.
  See OPS 1.125.
  In case of loss or theft of documents specified in OPS 1.125, the operation is allowed to continue until the flight reaches the base or a place where a replacement document can be provided. |
| --- | --- |

(47)

OPS 1.1250 Aeroplane search procedure checklist:

Not applicable for VFR operations by day.

Appendix 1 to OPS 1.125.

Documents to be carried.

See OPS 1.125.

In case of loss or theft of documents specified in OPS 1.125, the operation is allowed to continue until the flight reaches the base or a place where a replacement document can be provided.

SUBPART C

OPERATOR CERTIFICATION AND SUPERVISION

OPS 1.175

General rules for Air Operator Certification

Note 1: Appendix 1 to this paragraph specifies the contents and conditions of the AOC.

Note 2: Appendix 2 to this paragraph specifies the management and organisation requirements.

| (a) | An operator shall not operate an aeroplane for the purpose of commercial air transportation otherwise than under, and in accordance with, the terms and conditions of an Air Operator Certificate (AOC). |
| --- | --- |

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation otherwise than under, and in accordance with, the terms and conditions of an Air Operator Certificate (AOC).

| (b) | An applicant for an AOC, or variation of an AOC, shall allow the Authority to examine all safety aspects of the proposed operation. |
| --- | --- |

(b)

An applicant for an AOC, or variation of an AOC, shall allow the Authority to examine all safety aspects of the proposed operation.

| (c) | An applicant for an AOC must:






  (1) | Not hold an AOC issued by another Authority unless specifically approved by the Authorities concerned; |
| --- | --- | --- |

(c)

An applicant for an AOC must:

(1)

Not hold an AOC issued by another Authority unless specifically approved by the Authorities concerned;

| (2) | Have his principal place of business and, if any, his registered office located in the State responsible for issuing the AOC; |
| --- | --- |

(2)

Have his principal place of business and, if any, his registered office located in the State responsible for issuing the AOC;

| (3) | Satisfy the Authority that he is able to conduct safe operations. |
| --- | --- |

(3)

Satisfy the Authority that he is able to conduct safe operations.

| (d) | If an operator has aeroplanes registered in different Member States, appropriate arrangements shall be made to ensure appropriate safety oversight. |
| --- | --- |

(d)

If an operator has aeroplanes registered in different Member States, appropriate arrangements shall be made to ensure appropriate safety oversight.

| (e) | An operator shall grant the Authority access to his organisation and aeroplanes and shall ensure that, with respect to maintenance, access is granted to any associated Part-145 maintenance organisation, to determine continued compliance with OPS 1. |
| --- | --- |

(e)

An operator shall grant the Authority access to his organisation and aeroplanes and shall ensure that, with respect to maintenance, access is granted to any associated Part-145 maintenance organisation, to determine continued compliance with OPS 1.

| (f) | An AOC will be varied, suspended or revoked if the Authority is no longer satisfied that the operator can maintain safe operations. |
| --- | --- |

(f)

An AOC will be varied, suspended or revoked if the Authority is no longer satisfied that the operator can maintain safe operations.

| (g) | The operator must satisfy the Authority that;






  (1) | Its organisation and management are suitable and properly matched to the scale and scope of the operation; and |
| --- | --- | --- |

(g)

The operator must satisfy the Authority that;

(1)

Its organisation and management are suitable and properly matched to the scale and scope of the operation; and

| (2) | Procedures for the supervision of operations have been defined. |
| --- | --- |

(2)

Procedures for the supervision of operations have been defined.

| (h) | The operator must have nominated an accountable manager acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority. |
| --- | --- |

(h)

The operator must have nominated an accountable manager acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority.

| (i) | The operator must have nominated post holders, acceptable to the Authority, who are responsible for the management and supervision of the following areas,






  (1) | Flight operations; |
| --- | --- | --- |

(i)

The operator must have nominated post holders, acceptable to the Authority, who are responsible for the management and supervision of the following areas,

(1)

Flight operations;

| (2) | The maintenance system; |
| --- | --- |

(2)

The maintenance system;

| (3) | Crew training; and |
| --- | --- |

(3)

Crew training; and

| (4) | Ground operations. |
| --- | --- |

(4)

Ground operations.

| (j) | A Person may hold more than one of the nominated posts if acceptable to the Authority but, for operators who employ 21 or more full time staff, a minimum of two persons are required to cover the four areas of responsibility. |
| --- | --- |

(j)

A Person may hold more than one of the nominated posts if acceptable to the Authority but, for operators who employ 21 or more full time staff, a minimum of two persons are required to cover the four areas of responsibility.

| (k) | For operators who employ 20 or less full time staff, one or more of the nominated posts may be filled by the accountable manager if acceptable to the Authority. |
| --- | --- |

(k)

For operators who employ 20 or less full time staff, one or more of the nominated posts may be filled by the accountable manager if acceptable to the Authority.

| (l) | The operator must ensure that every flight is conducted in accordance with the provisions of the Operations Manual. |
| --- | --- |

(l)

The operator must ensure that every flight is conducted in accordance with the provisions of the Operations Manual.

| (m) | The operator must arrange appropriate ground handling facilities to ensure the safe handling of its flights. |
| --- | --- |

(m)

The operator must arrange appropriate ground handling facilities to ensure the safe handling of its flights.

| (n) | The operator must ensure that its aeroplanes are equipped and its crews are qualified, as required for the area and type of operation. |
| --- | --- |

(n)

The operator must ensure that its aeroplanes are equipped and its crews are qualified, as required for the area and type of operation.

| (o) | The operator must comply with the maintenance requirements, in accordance with Part M, for all aeroplanes operated under the terms of its AOC. |
| --- | --- |

(o)

The operator must comply with the maintenance requirements, in accordance with Part M, for all aeroplanes operated under the terms of its AOC.

| (p) | The operator must provide the Authority with a copy of the Operations Manual, as specified in Subpart P and all amendments or revisions to it. |
| --- | --- |

(p)

The operator must provide the Authority with a copy of the Operations Manual, as specified in Subpart P and all amendments or revisions to it.

| (q) | The operator must maintain operational support facilities at the main operating base, appropriate for the area and type of operation. |
| --- | --- |

(q)

The operator must maintain operational support facilities at the main operating base, appropriate for the area and type of operation.

OPS 1.180

Issue, variation and continued validity of an AOC

| (a) | An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless:






  (1) | Aeroplanes operated have a standard Certificate of Airworthiness issued in accordance with Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (2) by a Member State. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; |
| --- | --- | --- |

(a)

An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless:

(1)

Aeroplanes operated have a standard Certificate of Airworthiness issued in accordance with Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (2) by a Member State. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21;

| (2) | The maintenance system has been approved by the Authority in accordance with Part M, Subpart G; and |
| --- | --- |

(2)

The maintenance system has been approved by the Authority in accordance with Part M, Subpart G; and

| (3) | He has satisfied the Authority that he has the ability to:






  (i) | Establish and maintain an adequate organisation; |
| --- | --- | --- |

(3)

He has satisfied the Authority that he has the ability to:

(i)

Establish and maintain an adequate organisation;

| (ii) | Establish and maintain a quality system in accordance with OPS 1.035; |
| --- | --- |

(ii)

Establish and maintain a quality system in accordance with OPS 1.035;

| (iii) | Comply with required training programmes; |
| --- | --- |

(iii)

Comply with required training programmes;

| (iv) | Comply with maintenance requirements, consistent with the nature and extent of the operations specified, including the relevant items prescribed in OPS 1.175 (g) to (o); and |
| --- | --- |

(iv)

Comply with maintenance requirements, consistent with the nature and extent of the operations specified, including the relevant items prescribed in OPS 1.175 (g) to (o); and

| (v) | Comply with OPS 1.175. |
| --- | --- |

(v)

Comply with OPS 1.175.

| (b) | Notwithstanding the provisions of OPS 1.185 (f), the operator must notify the Authority as soon as practicable of any changes to the information submitted in accordance with OPS 1.185(a) below. |
| --- | --- |

(b)

Notwithstanding the provisions of OPS 1.185 (f), the operator must notify the Authority as soon as practicable of any changes to the information submitted in accordance with OPS 1.185(a) below.

| (c) | If the Authority is not satisfied that the requirements of subparagraph (a) above have been met, the Authority may require the conduct of one or more demonstration flights, operated as if they were commercial air transport flights. |
| --- | --- |

(c)

If the Authority is not satisfied that the requirements of subparagraph (a) above have been met, the Authority may require the conduct of one or more demonstration flights, operated as if they were commercial air transport flights.

OPS 1.185

Administrative requirements

| (a) | An operator shall ensure that the following information is included in the initial application for an AOC and, when applicable, any variation or renewal applied for:






  (1) | The official name and business name, address and mailing address of the applicant; |
| --- | --- | --- |

(a)

An operator shall ensure that the following information is included in the initial application for an AOC and, when applicable, any variation or renewal applied for:

(1)

The official name and business name, address and mailing address of the applicant;

| (2) | A description of the proposed operation; |
| --- | --- |

(2)

A description of the proposed operation;

| (3) | A description of the management organisation; |
| --- | --- |

(3)

A description of the management organisation;

| (4) | The name of the accountable manager; |
| --- | --- |

(4)

The name of the accountable manager;

| (5) | The names of major post holders, including those responsible for flight operations, the maintenance system, crew training and ground operations together with their qualifications and experience; and |
| --- | --- |

(5)

The names of major post holders, including those responsible for flight operations, the maintenance system, crew training and ground operations together with their qualifications and experience; and

| (6) | The Operations Manual. |
| --- | --- |

(6)

The Operations Manual.

| (b) | In respect of the operator's maintenance system only, the following information must be included in the initial application for an AOC and, when applicable, any variation or renewal applied for, and for each aeroplane type to be operated:






  (1) | The operator's continuing airworthiness management exposition; |
| --- | --- | --- |

(b)

In respect of the operator's maintenance system only, the following information must be included in the initial application for an AOC and, when applicable, any variation or renewal applied for, and for each aeroplane type to be operated:

(1)

The operator's continuing airworthiness management exposition;

| (2) | The operator's aeroplane maintenance programme(s); |
| --- | --- |

(2)

The operator's aeroplane maintenance programme(s);

| (3) | The aeroplane technical log; |
| --- | --- |

(3)

The aeroplane technical log;

| (4) | Where appropriate, the technical specification(s) of the maintenance contract(s) between the operator and any Part-145 approved maintenance organisation; |
| --- | --- |

(4)

Where appropriate, the technical specification(s) of the maintenance contract(s) between the operator and any Part-145 approved maintenance organisation;

| (5) | The number of aeroplanes. |
| --- | --- |

(5)

The number of aeroplanes.

| (c) | The application for an initial issue of an AOC must be submitted at least 90 days before the date of intended operation except that the Operations Manual may be submitted later but not less than 60 days before the date of intended operation. |
| --- | --- |

(c)

The application for an initial issue of an AOC must be submitted at least 90 days before the date of intended operation except that the Operations Manual may be submitted later but not less than 60 days before the date of intended operation.

| (d) | The application for the variation of an AOC must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation. |
| --- | --- |

(d)

The application for the variation of an AOC must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation.

| (e) | The application for the renewal of an AOC must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity. |
| --- | --- |

(e)

The application for the renewal of an AOC must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity.

| (f) | Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder. |
| --- | --- |

(f)

Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder.

Appendix 1 to OPS 1.175

Contents and conditions of the Air Operator Certificate

An AOC specifies the:

| (a) | Name and location (principal place of business) of the operator; |
| --- | --- |

(a)

Name and location (principal place of business) of the operator;

| (b) | Date of issue and period of validity; |
| --- | --- |

(b)

Date of issue and period of validity;

| (c) | Description of the type of operations authorised; |
| --- | --- |

(c)

Description of the type of operations authorised;

| (d) | Type(s) of aeroplane(s) authorised for use; |
| --- | --- |

(d)

Type(s) of aeroplane(s) authorised for use;

| (e) | Registration markings of the authorised aeroplane(s) except that operators may obtain approval for a system to inform the Authority about the registration markings for aeroplanes operated under its AOC; |
| --- | --- |

(e)

Registration markings of the authorised aeroplane(s) except that operators may obtain approval for a system to inform the Authority about the registration markings for aeroplanes operated under its AOC;

| (f) | Authorised areas of operation; |
| --- | --- |

(f)

Authorised areas of operation;

| (g) | Special limitations; and |
| --- | --- |

(g)

Special limitations; and

| (h) | Special authorisations/approvals e.g.:






  — | CAT II/CAT III (including approved minima) |
| --- | --- | --- |

(h)

Special authorisations/approvals e.g.:

—

CAT II/CAT III (including approved minima)

| — | (MNPS) Minimum Navigation Performance Specifications |
| --- | --- |

—

(MNPS) Minimum Navigation Performance Specifications

| — | (ETOPS) Extended Range Operation Twin Engined Aeroplanes |
| --- | --- |

—

(ETOPS) Extended Range Operation Twin Engined Aeroplanes

| — | (RNAV) Area Navigation |
| --- | --- |

—

(RNAV) Area Navigation

| — | (RVSM) Reduced Vertical Separation Minima |
| --- | --- |

—

(RVSM) Reduced Vertical Separation Minima

| — | Transportation of Dangerous Goods. |
| --- | --- |

—

Transportation of Dangerous Goods.

| — | Authorisation to provide cabin crew initial safety training and, if applicable, to issue the attestation provided for in Subpart O, for those operators who provide such training directly or indirectly. |
| --- | --- |

—

Authorisation to provide cabin crew initial safety training and, if applicable, to issue the attestation provided for in Subpart O, for those operators who provide such training directly or indirectly.

Appendix 2 to OPS 1.175

The management and organisation of an AOC holder

| (a) | General
  An operator must have a sound and effective management structure in order to ensure the safe conduct of air operations. Nominated post holders must have managerial competency together with appropriate technical/operational qualifications in aviation. |
| --- | --- |

(a)

General

An operator must have a sound and effective management structure in order to ensure the safe conduct of air operations. Nominated post holders must have managerial competency together with appropriate technical/operational qualifications in aviation.

| (b) | Nominated post holders:






  (1) | A description of the functions and the responsibilities of the nominated post holders, including their names, must be contained in the Operations Manual and the Authority must be given notice in writing of any intended or actual change in appointments or functions. |
| --- | --- | --- |

(b)

Nominated post holders:

(1)

A description of the functions and the responsibilities of the nominated post holders, including their names, must be contained in the Operations Manual and the Authority must be given notice in writing of any intended or actual change in appointments or functions.

| (2) | The operator must make arrangements to ensure continuity of supervision in the absence of nominated post holders. |
| --- | --- |

(2)

The operator must make arrangements to ensure continuity of supervision in the absence of nominated post holders.

| (3) | A person nominated as a post holder by the holder of an AOC must not be nominated as a post holder by the holder of any other AOC, unless acceptable to the Authorities concerned. |
| --- | --- |

(3)

A person nominated as a post holder by the holder of an AOC must not be nominated as a post holder by the holder of any other AOC, unless acceptable to the Authorities concerned.

| (4) | Persons nominated as post holders must be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the operation. |
| --- | --- |

(4)

Persons nominated as post holders must be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the operation.

| (c) | Adequacy and supervision of staff:






  (1) | Crew members. The operator must employ sufficient flight and cabin crew for the planned operation, trained and checked in accordance with Subpart N and Subpart O as appropriate. |
| --- | --- | --- |

(c)

Adequacy and supervision of staff:

(1)

Crew members. The operator must employ sufficient flight and cabin crew for the planned operation, trained and checked in accordance with Subpart N and Subpart O as appropriate.

| (2) | Ground Staff






  (i) | The number of ground staff is dependent upon the nature and the scale of operations. Operations and ground handling departments, in particular, must be staffed by trained personnel who have a thorough understanding of their responsibilities within the organisation. |
| --- | --- | --- |

(2)

Ground Staff

(i)

The number of ground staff is dependent upon the nature and the scale of operations. Operations and ground handling departments, in particular, must be staffed by trained personnel who have a thorough understanding of their responsibilities within the organisation.

| (ii) | An operator contracting other organisations to provide certain services retains responsibility for the maintenance of proper standards. In such circumstances, a nominated post holder must be given the task of ensuring that any contractor employed meets the required standards. |
| --- | --- |

(ii)

An operator contracting other organisations to provide certain services retains responsibility for the maintenance of proper standards. In such circumstances, a nominated post holder must be given the task of ensuring that any contractor employed meets the required standards.

| (3) | Supervision






  (i) | The number of supervisors to be appointed is dependent upon the structure of the operator and the number of staff employed. |
| --- | --- | --- |

(3)

Supervision

(i)

The number of supervisors to be appointed is dependent upon the structure of the operator and the number of staff employed.

| (ii) | The duties and responsibilities of these supervisors must be defined, and any flying commitments arranged so that they can discharge their supervisory responsibilities. |
| --- | --- |

(ii)

The duties and responsibilities of these supervisors must be defined, and any flying commitments arranged so that they can discharge their supervisory responsibilities.

| (iii) | The supervision of crew members and ground staff must be exercised by individuals possessing experience and personal qualities sufficient to ensure the attainment of the standards specified in the operations manual. |
| --- | --- |

(iii)

The supervision of crew members and ground staff must be exercised by individuals possessing experience and personal qualities sufficient to ensure the attainment of the standards specified in the operations manual.

| (d) | Accommodation facilities






  (1) | An operator must ensure that working space available at each operating base is sufficient for personnel pertaining to the safety of flight operations. Consideration must be given to the needs of ground staff, those concerned with operational control, the storage and display of essential records, and flight planning by crews. |
| --- | --- | --- |

(d)

Accommodation facilities

(1)

An operator must ensure that working space available at each operating base is sufficient for personnel pertaining to the safety of flight operations. Consideration must be given to the needs of ground staff, those concerned with operational control, the storage and display of essential records, and flight planning by crews.

| (2) | Office services must be capable, without delay, of distributing operational instructions and other information to all concerned. |
| --- | --- |

(2)

Office services must be capable, without delay, of distributing operational instructions and other information to all concerned.

| (e) | Documentation
  The operator must make arrangements for the production of manuals, amendments and other documentation. |
| --- | --- |

(e)

Documentation

The operator must make arrangements for the production of manuals, amendments and other documentation.

SUBPART D

OPERATIONAL PROCEDURES

OPS 1.195

Operational Control

An operator shall:

| (a) | Establish and maintain a method of exercising operational control approved by the Authority; and |
| --- | --- |

(a)

Establish and maintain a method of exercising operational control approved by the Authority; and

| (b) | Exercise operational control over any flight operated under the terms of his AOC. |
| --- | --- |

(b)

Exercise operational control over any flight operated under the terms of his AOC.

OPS 1.200

Operations manual

An operator shall provide an Operations Manual in accordance with Subpart P for the use and guidance of operations personnel.

OPS 1.205

Competence of operations personnel

An operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.

OPS 1.210

Establishment of procedures

| (a) | An operator shall establish procedures and instructions, for each aeroplane type, containing ground staff and crew members' duties for all types of operation on the ground and in flight. |
| --- | --- |

(a)

An operator shall establish procedures and instructions, for each aeroplane type, containing ground staff and crew members' duties for all types of operation on the ground and in flight.

| (b) | An operator shall establish a check-list system to be used by crew members for all phases of operation of the aeroplane under normal, abnormal and emergency conditions as applicable, to ensure that the operating procedures in the Operations Manual are followed. |
| --- | --- |

(b)

An operator shall establish a check-list system to be used by crew members for all phases of operation of the aeroplane under normal, abnormal and emergency conditions as applicable, to ensure that the operating procedures in the Operations Manual are followed.

| (c) | An operator shall not require a crew member to perform any activities during critical phases of the flight other than those required for the safe operation of the aeroplane. |
| --- | --- |

(c)

An operator shall not require a crew member to perform any activities during critical phases of the flight other than those required for the safe operation of the aeroplane.

OPS 1.215

Use of Air Traffic Services

An operator shall ensure that Air Traffic Services are used for all flights whenever available.

OPS 1.216

In-Flight Operational Instructions

An operator shall ensure that his in-flight operational instructions involving a change to the air traffic flight plan shall, when practicable, be coordinated with the appropriate Air Traffic Service Unit before transmission to an aeroplane.

OPS 1.220

Authorisation of Aerodromes by the Operator

An operator shall only authorise use of aerodromes that are adequate for the type(s) of aeroplane and operation(s) concerned.

OPS 1.225

Aerodrome Operating Minima

| (a) | An operator shall specify aerodrome operating minima, established in accordance with OPS 1.430 for each departure, destination or alternate aerodrome authorised to be used in accordance with OPS 1.220. |
| --- | --- |

(a)

An operator shall specify aerodrome operating minima, established in accordance with OPS 1.430 for each departure, destination or alternate aerodrome authorised to be used in accordance with OPS 1.220.

| (b) | Any increment imposed by the Authority must be added to the minima specified in accordance with sub-paragraph (a) above. |
| --- | --- |

(b)

Any increment imposed by the Authority must be added to the minima specified in accordance with sub-paragraph (a) above.

| (c) | The minima for a specific type of approach and landing procedure are considered applicable if:






  (1) | The ground equipment shown on the respective chart required for the intended procedure is operative; |
| --- | --- | --- |

(c)

The minima for a specific type of approach and landing procedure are considered applicable if:

(1)

The ground equipment shown on the respective chart required for the intended procedure is operative;

| (2) | The aeroplane systems required for the type of approach are operative; |
| --- | --- |

(2)

The aeroplane systems required for the type of approach are operative;

| (3) | The required aeroplane performance criteria are met; and |
| --- | --- |

(3)

The required aeroplane performance criteria are met; and

| (4) | Crew is qualified accordingly. |
| --- | --- |

(4)

Crew is qualified accordingly.

OPS 1.230

Instrument departure and approach procedures

| (a) | An operator shall ensure that instrument departure and approach procedures established by the State in which the aerodrome is located are used. |
| --- | --- |

(a)

An operator shall ensure that instrument departure and approach procedures established by the State in which the aerodrome is located are used.

| (b) | Notwithstanding sub-paragraph (a) above, a commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. The final approach must be flown visually or in accordance with the established instrument approach procedure. |
| --- | --- |

(b)

Notwithstanding sub-paragraph (a) above, a commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. The final approach must be flown visually or in accordance with the established instrument approach procedure.

| (c) | Different procedures to those required to be used in accordance with sub-paragraph (a) above may only be implemented by an operator provided they have been approved by the State in which the aerodrome is located, if required, and accepted by the Authority. |
| --- | --- |

(c)

Different procedures to those required to be used in accordance with sub-paragraph (a) above may only be implemented by an operator provided they have been approved by the State in which the aerodrome is located, if required, and accepted by the Authority.

OPS 1.235

Noise abatement procedures

| (a) | An operator shall establish operating procedures for noise abatement during instrument flight operations in compliance with ICAO PANS OPS Volume 1 (Doc 8168-OPS/611). |
| --- | --- |

(a)

An operator shall establish operating procedures for noise abatement during instrument flight operations in compliance with ICAO PANS OPS Volume 1 (Doc 8168-OPS/611).

| (b) | Take-off climb procedures for noise abatement specified by an operator for any one aeroplane type should be the same for all aerodromes. |
| --- | --- |

(b)

Take-off climb procedures for noise abatement specified by an operator for any one aeroplane type should be the same for all aerodromes.

OPS 1.240

Routes and areas of operation

| (a) | An operator shall ensure that operations are only conducted along such routes or within such areas, for which:






  (1) | Ground facilities and services, including meteorological services, are provided which are adequate for the planned operation; |
| --- | --- | --- |

(a)

An operator shall ensure that operations are only conducted along such routes or within such areas, for which:

(1)

Ground facilities and services, including meteorological services, are provided which are adequate for the planned operation;

| (2) | The performance of the aeroplane intended to be used is adequate to comply with minimum flight altitude requirements; |
| --- | --- |

(2)

The performance of the aeroplane intended to be used is adequate to comply with minimum flight altitude requirements;

| (3) | The equipment of the aeroplane intended to be used meets the minimum requirements for the planned operation; |
| --- | --- |

(3)

The equipment of the aeroplane intended to be used meets the minimum requirements for the planned operation;

| (4) | Appropriate maps and charts are available (OPS 1.135 (a)(9) refers); |
| --- | --- |

(4)

Appropriate maps and charts are available (OPS 1.135 (a)(9) refers);

| (5) | If two-engined aeroplanes are used, adequate aerodromes are available within the time/distance limitations of OPS 1.245; |
| --- | --- |

(5)

If two-engined aeroplanes are used, adequate aerodromes are available within the time/distance limitations of OPS 1.245;

| (6) | If single-engine aeroplanes are used, surfaces are available which permit a safe forced landing to be executed. |
| --- | --- |

(6)

If single-engine aeroplanes are used, surfaces are available which permit a safe forced landing to be executed.

| (b) | An operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation, imposed by the Authority. |
| --- | --- |

(b)

An operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation, imposed by the Authority.

OPS 1.241

Operation in defined airspace with Reduced Vertical Separation Minima (RVSM)

An operator shall not operate an aeroplane in defined portions of airspace where, based on Regional Air Navigation Agreement, a vertical separation minimum of 300 m (1 000 ft) applies unless approved to do so by the Authority (RVSM Approval). (See also OPS 1.872).

OPS 1.243

Operation in areas with specific navigation performance requirements

An operator shall not operate an aeroplane in defined areas, or a defined portion of specified airspace, based on Regional Air Navigation Agreements where minimum navigation performance specifications are prescribed unless approved to do so by the Authority (MNPS/RNP/RNAV Approval). (See also OPS 1.865 (c)(2) and OPS 1.870).

OPS 1.245

Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS Approval

| (a) | Unless specifically approved by the Authority in accordance with OPS 1.246 (a) (ETOPS approval), an operator shall not operate a two-engined aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of:






  (1) | Performance Class A aeroplanes with either:






  (i) | A maximum approved passenger seating configuration of 20 or more; or |
| --- | --- | --- | --- |

(a)

Unless specifically approved by the Authority in accordance with OPS 1.246 (a) (ETOPS approval), an operator shall not operate a two-engined aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of:

(1)

Performance Class A aeroplanes with either:

(i)

A maximum approved passenger seating configuration of 20 or more; or

| (ii) | A maximum take-off mass of 45 360 kg or more,
  the distance flown in 60 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below; |
| --- | --- |

(ii)

A maximum take-off mass of 45 360 kg or more,

the distance flown in 60 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below;

| (2) | Performance Class A aeroplanes with:






  (i) | A maximum approved passenger seating configuration of 19 or less; and |
| --- | --- | --- |

(2)

Performance Class A aeroplanes with:

(i)

A maximum approved passenger seating configuration of 19 or less; and

| (ii) | A maximum take-off mass less than 45 360 kg, the distance flown in 120 minutes or, if approved by the Authority, up to 180 minutes for turbo-jet aeroplanes, at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below; |
| --- | --- |

(ii)

A maximum take-off mass less than 45 360 kg, the distance flown in 120 minutes or, if approved by the Authority, up to 180 minutes for turbo-jet aeroplanes, at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below;

| (3) | Performance Class B or C aeroplanes:






  (i) | The distance flown in 120 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below; or |
| --- | --- | --- |

(3)

Performance Class B or C aeroplanes:

(i)

The distance flown in 120 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below; or

| (ii) | 300 nautical miles, whichever is less. |
| --- | --- |

(ii)

300 nautical miles, whichever is less.

| (b) | An operator shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each two-engined aeroplane type or variant operated, not exceeding VMO, based upon the true airspeed that the aeroplane can maintain with one-engine-inoperative under the following conditions:






  (1) | International Standard Atmosphere (ISA); |
| --- | --- | --- |

(b)

An operator shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each two-engined aeroplane type or variant operated, not exceeding VMO, based upon the true airspeed that the aeroplane can maintain with one-engine-inoperative under the following conditions:

(1)

International Standard Atmosphere (ISA);

| (2) | Level flight:






  (i) | For turbo-jet aeroplanes at:






  (A) | FL 170; or |
| --- | --- | --- | --- |

(2)

Level flight:

(i)

For turbo-jet aeroplanes at:

(A)

FL 170; or

| (B) | At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less. |
| --- | --- |

(B)

At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less.

| (ii) | For propeller driven aeroplanes at:






  (A) | FL 80; or |
| --- | --- | --- |

(ii)

For propeller driven aeroplanes at:

(A)

FL 80; or

| (B) | At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less. |
| --- | --- |

(B)

At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less.

| (3) | Maximum continuous thrust or power on the remaining operating engine; |
| --- | --- |

(3)

Maximum continuous thrust or power on the remaining operating engine;

| (4) | An aeroplane mass not less than that resulting from:






  (i) | Take-off at sea-level at maximum take-off mass; and |
| --- | --- | --- |

(4)

An aeroplane mass not less than that resulting from:

(i)

Take-off at sea-level at maximum take-off mass; and

| (ii) | All engines climb to the optimum long range cruise altitude; and |
| --- | --- |

(ii)

All engines climb to the optimum long range cruise altitude; and

| (iii) | All engines cruise at the long range cruise speed at this altitude, until the time elapsed since take-off is equal to the applicable threshold prescribed in subparagraph (a) above. |
| --- | --- |

(iii)

All engines cruise at the long range cruise speed at this altitude, until the time elapsed since take-off is equal to the applicable threshold prescribed in subparagraph (a) above.

| (c) | An operator must ensure that the following data, specific to each type or variant, is included in the Operations Manual:






  (1) | The one-engine-inoperative cruise speed determined in accordance with subparagraph (b) above; and |
| --- | --- | --- |

(c)

An operator must ensure that the following data, specific to each type or variant, is included in the Operations Manual:

(1)

The one-engine-inoperative cruise speed determined in accordance with subparagraph (b) above; and

| (2) | The maximum distance from an adequate aerodrome determined in accordance with subparagraphs (a) and (b) above. |
| --- | --- |

(2)

The maximum distance from an adequate aerodrome determined in accordance with subparagraphs (a) and (b) above.

Note: The speeds and altitudes (flight levels) specified above are only intended to be used for establishing the maximum distance from an adequate aerodrome.

OPS 1.246

Extended range operations with two-engined aeroplanes (ETOPS)

| (a) | An operator shall not conduct operations beyond the threshold distance determined in accordance with OPS 1.245 unless approved to do so by the Authority (ETOPS approval). |
| --- | --- |

(a)

An operator shall not conduct operations beyond the threshold distance determined in accordance with OPS 1.245 unless approved to do so by the Authority (ETOPS approval).

| (b) | Prior to conducting an ETOPS flight, an operator shall ensure that a suitable ETOPS en-route alternate is available, within either the approved diversion time, or a diversion time based on the MEL generated serviceability status of the aeroplane, whichever is shorter. (See also OPS 1.297 (d)). |
| --- | --- |

(b)

Prior to conducting an ETOPS flight, an operator shall ensure that a suitable ETOPS en-route alternate is available, within either the approved diversion time, or a diversion time based on the MEL generated serviceability status of the aeroplane, whichever is shorter. (See also OPS 1.297 (d)).

OPS 1.250

Establishment of minimum flight altitudes

| (a) | An operator shall establish minimum flight altitudes and the methods to determine those altitudes for all route segments to be flown which provide the required terrain clearance taking into account the requirements of Subparts F to I. |
| --- | --- |

(a)

An operator shall establish minimum flight altitudes and the methods to determine those altitudes for all route segments to be flown which provide the required terrain clearance taking into account the requirements of Subparts F to I.

| (b) | Every method for establishing minimum flight altitudes must be approved by the Authority. |
| --- | --- |

(b)

Every method for establishing minimum flight altitudes must be approved by the Authority.

| (c) | Where minimum flight altitudes established by States overflown are higher than those established by the operator, the higher values shall apply. |
| --- | --- |

(c)

Where minimum flight altitudes established by States overflown are higher than those established by the operator, the higher values shall apply.

| (d) | An operator shall take into account the following factors when establishing minimum flight altitudes:






  (1) | The accuracy with which the position of the aeroplane can be determined; |
| --- | --- | --- |

(d)

An operator shall take into account the following factors when establishing minimum flight altitudes:

(1)

The accuracy with which the position of the aeroplane can be determined;

| (2) | The probable inaccuracies in the indications of the altimeters used; |
| --- | --- |

(2)

The probable inaccuracies in the indications of the altimeters used;

| (3) | The characteristics of the terrain (e.g. sudden changes in the elevation) along the routes or in the areas where operations are to be conducted; |
| --- | --- |

(3)

The characteristics of the terrain (e.g. sudden changes in the elevation) along the routes or in the areas where operations are to be conducted;

| (4) | The probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); and |
| --- | --- |

(4)

The probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); and

| (5) | Possible inaccuracies in aeronautical charts. |
| --- | --- |

(5)

Possible inaccuracies in aeronautical charts.

| (e) | In fulfilling the requirements prescribed in sub-paragraph (d) above due consideration shall be given to:






  (1) | Corrections for temperature and pressure variations from standard values; |
| --- | --- | --- |

(e)

In fulfilling the requirements prescribed in sub-paragraph (d) above due consideration shall be given to:

(1)

Corrections for temperature and pressure variations from standard values;

| (2) | The ATC requirements; and |
| --- | --- |

(2)

The ATC requirements; and

| (3) | Any foreseeable contingencies along the planned route. |
| --- | --- |

(3)

Any foreseeable contingencies along the planned route.

OPS 1.255

Fuel policy

| (a) | An operator must establish a fuel policy for the purpose of flight planning and in-flight replanning to ensure that every flight carries sufficient fuel for the planned operation and reserves to cover deviations from the planned operation. |
| --- | --- |

(a)

An operator must establish a fuel policy for the purpose of flight planning and in-flight replanning to ensure that every flight carries sufficient fuel for the planned operation and reserves to cover deviations from the planned operation.

| (b) | An operator shall ensure that the planning of flights is at least based upon (1) and (2) below:






  (1) | Procedures contained in the Operations Manual and data derived from:






  (i) | Data provided by the aeroplane manufacturer; or |
| --- | --- | --- | --- |

(b)

An operator shall ensure that the planning of flights is at least based upon (1) and (2) below:

(1)

Procedures contained in the Operations Manual and data derived from:

(i)

Data provided by the aeroplane manufacturer; or

| (ii) | Current aeroplane specific data derived from a fuel consumption monitoring system. |
| --- | --- |

(ii)

Current aeroplane specific data derived from a fuel consumption monitoring system.

| (2) | The operating conditions under which the flight is to be conducted including:






  (i) | Realistic aeroplane fuel consumption data; |
| --- | --- | --- |

(2)

The operating conditions under which the flight is to be conducted including:

(i)

Realistic aeroplane fuel consumption data;

| (ii) | Anticipated masses; |
| --- | --- |

(ii)

Anticipated masses;

| (iii) | Expected meteorological conditions; and |
| --- | --- |

(iii)

Expected meteorological conditions; and

| (iv) | Air Traffic Services procedures and restrictions. |
| --- | --- |

(iv)

Air Traffic Services procedures and restrictions.

| (c) | An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:






  (1) | Taxi fuel; |
| --- | --- | --- |

(c)

An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:

(1)

Taxi fuel;

| (2) | Trip fuel; |
| --- | --- |

(2)

Trip fuel;

| (3) | Reserve fuel consisting of:






  (i) | Contingency fuel; |
| --- | --- | --- |

(3)

Reserve fuel consisting of:

(i)

Contingency fuel;

| (ii) | Alternate fuel, if a destination alternate is required. (This does not preclude selection of the departure aerodrome as the destination alternate); |
| --- | --- |

(ii)

Alternate fuel, if a destination alternate is required. (This does not preclude selection of the departure aerodrome as the destination alternate);

| (iii) | Final reserve fuel; and |
| --- | --- |

(iii)

Final reserve fuel; and

| (iv) | Additional fuel, if required by the type of operation (e.g. ETOPS); and |
| --- | --- |

(iv)

Additional fuel, if required by the type of operation (e.g. ETOPS); and

| (4) | Extra fuel if required by the commander. |
| --- | --- |

(4)

Extra fuel if required by the commander.

| (d) | An operator shall ensure that in-flight replanning procedures for calculating usable fuel required when a flight has to proceed along a route or to a destination other than originally planned includes:






  (1) | Trip fuel for the remainder of the flight; |
| --- | --- | --- |

(d)

An operator shall ensure that in-flight replanning procedures for calculating usable fuel required when a flight has to proceed along a route or to a destination other than originally planned includes:

(1)

Trip fuel for the remainder of the flight;

| (2) | Reserve fuel consisting of:






  (i) | Contingency fuel; |
| --- | --- | --- |

(2)

Reserve fuel consisting of:

(i)

Contingency fuel;

| (ii) | Alternate fuel, if a destination alternate is required (This does not preclude selection of the departure aerodrome as the destination alternate); |
| --- | --- |

(ii)

Alternate fuel, if a destination alternate is required (This does not preclude selection of the departure aerodrome as the destination alternate);

| (iii) | Final reserve fuel; and |
| --- | --- |

(iii)

Final reserve fuel; and

| (iv) | Additional fuel, if required by the type of operation (e.g. ETOPS); and |
| --- | --- |

(iv)

Additional fuel, if required by the type of operation (e.g. ETOPS); and

| (3) | Extra fuel if required by the commander. |
| --- | --- |

(3)

Extra fuel if required by the commander.

OPS 1.260

Carriage of Persons with Reduced Mobility

| (a) | An operator shall establish procedures for the carriage of Persons with Reduced Mobility (PRMs). |
| --- | --- |

(a)

An operator shall establish procedures for the carriage of Persons with Reduced Mobility (PRMs).

| (b) | An operator shall ensure that PRMs are not allocated, nor occupy, seats where their presence could:






  (1) | Impede the crew in their duties; |
| --- | --- | --- |

(b)

An operator shall ensure that PRMs are not allocated, nor occupy, seats where their presence could:

(1)

Impede the crew in their duties;

| (2) | Obstruct access to emergency equipment; or |
| --- | --- |

(2)

Obstruct access to emergency equipment; or

| (3) | Impede the emergency evacuation of the aeroplane. |
| --- | --- |

(3)

Impede the emergency evacuation of the aeroplane.

| (c) | The commander must be notified when PRMs are to be carried on board. |
| --- | --- |

(c)

The commander must be notified when PRMs are to be carried on board.

OPS 1.265

Carriage of inadmissible passengers, deportees or persons in custody

An operator shall establish procedures for the transportation of inadmissible passengers, deportees or persons in custody to ensure the safety of the aeroplane and its occupants. The commander must be notified when the above-mentioned persons are to be carried on board.

OPS 1.270

Stowage of baggage and cargo

(See Appendix 1 to OPS 1.270)

| (a) | An operator shall establish procedures to ensure that only such hand baggage is taken into the passenger cabin as can be adequately and securely stowed. |
| --- | --- |

(a)

An operator shall establish procedures to ensure that only such hand baggage is taken into the passenger cabin as can be adequately and securely stowed.

| (b) | An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed in stowages designed to prevent movement. |
| --- | --- |

(b)

An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed in stowages designed to prevent movement.

OPS 1.275

Intentionally blank

OPS 1.280

Passenger Seating

An operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane.

OPS 1.285

Passenger briefing

An operator shall ensure that:

| (a) | General






  (1) | Passengers are given a verbal briefing about safety matters. Parts or all of the briefing may be provided by an audio-visual presentation. |
| --- | --- | --- |

(a)

General

(1)

Passengers are given a verbal briefing about safety matters. Parts or all of the briefing may be provided by an audio-visual presentation.

| (2) | Passengers are provided with a safety briefing card on which picture type instructions indicate the operation of emergency equipment and exits likely to be used by passengers. |
| --- | --- |

(2)

Passengers are provided with a safety briefing card on which picture type instructions indicate the operation of emergency equipment and exits likely to be used by passengers.

| (b) | Before take-off






  (1) | Passengers are briefed on the following items if applicable:






  (i) | Smoking regulations; |
| --- | --- | --- | --- |

(b)

Before take-off

(1)

Passengers are briefed on the following items if applicable:

(i)

Smoking regulations;

| (ii) | Back of the seat to be in the upright position and tray table stowed; |
| --- | --- |

(ii)

Back of the seat to be in the upright position and tray table stowed;

| (iii) | Location of emergency exits; |
| --- | --- |

(iii)

Location of emergency exits;

| (iv) | Location and use of floor proximity escape path markings; |
| --- | --- |

(iv)

Location and use of floor proximity escape path markings;

| (v) | Stowage of hand baggage; |
| --- | --- |

(v)

Stowage of hand baggage;

| (vi) | Restrictions on the use of portable electronic devices; and |
| --- | --- |

(vi)

Restrictions on the use of portable electronic devices; and

| (vii) | The location and the contents of the safety briefing card; and, |
| --- | --- |

(vii)

The location and the contents of the safety briefing card; and,

| (2) | Passengers receive a demonstration of the following:






  (i) | The use of safety belts and/or safety harnesses, including how to fasten and unfasten the safety belts and/or safety harnesses; |
| --- | --- | --- |

(2)

Passengers receive a demonstration of the following:

(i)

The use of safety belts and/or safety harnesses, including how to fasten and unfasten the safety belts and/or safety harnesses;

| (ii) | The location and use of oxygen equipment if required (OPS 1.770 and OPS 1.775 refer). Passengers must also be briefed to extinguish all smoking materials when oxygen is being used; and |
| --- | --- |

(ii)

The location and use of oxygen equipment if required (OPS 1.770 and OPS 1.775 refer). Passengers must also be briefed to extinguish all smoking materials when oxygen is being used; and

| (iii) | The location and use of life jackets if required (OPS 1.825 refers). |
| --- | --- |

(iii)

The location and use of life jackets if required (OPS 1.825 refers).

| (c) | After take-off






  (1) | Passengers are reminded of the following if applicable:






  (i) | Smoking regulations; and |
| --- | --- | --- | --- |

(c)

After take-off

(1)

Passengers are reminded of the following if applicable:

(i)

Smoking regulations; and

| (ii) | Use of safety belts and/or safety harnesses including the safety benefits of having safety belts fastened when seated irrespective of seat belt sign illumination. |
| --- | --- |

(ii)

Use of safety belts and/or safety harnesses including the safety benefits of having safety belts fastened when seated irrespective of seat belt sign illumination.

| (d) | Before landing






  (1) | Passengers are reminded of the following if applicable:






  (i) | Smoking regulations; |
| --- | --- | --- | --- |

(d)

Before landing

(1)

Passengers are reminded of the following if applicable:

(i)

Smoking regulations;

| (ii) | Use of safety belts and/or safety harnesses; |
| --- | --- |

(ii)

Use of safety belts and/or safety harnesses;

| (iii) | Back of the seat to be in the upright position and tray table stowed; |
| --- | --- |

(iii)

Back of the seat to be in the upright position and tray table stowed;

| (iv) | Re-stowage of hand baggage; and |
| --- | --- |

(iv)

Re-stowage of hand baggage; and

| (v) | Restrictions on the use of portable electronic devices. |
| --- | --- |

(v)

Restrictions on the use of portable electronic devices.

| (e) | After landing






  (1) | Passengers are reminded of the following:






  (i) | Smoking regulations; and |
| --- | --- | --- | --- |

(e)

After landing

(1)

Passengers are reminded of the following:

(i)

Smoking regulations; and

| (ii) | Use of safety belts and/or safety harnesses. |
| --- | --- |

(ii)

Use of safety belts and/or safety harnesses.

| (f) | In an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances. |
| --- | --- |

(f)

In an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances.

OPS 1.290

Flight preparation

| (a) | An operator shall ensure that an operational flight plan is completed for each intended flight. |
| --- | --- |

(a)

An operator shall ensure that an operational flight plan is completed for each intended flight.

| (b) | The commander shall not commence a flight unless he/she is satisfied that:






  (1) | The aeroplane is airworthy; |
| --- | --- | --- |

(b)

The commander shall not commence a flight unless he/she is satisfied that:

(1)

The aeroplane is airworthy;

| (2) | The aeroplane is not operated contrary to the provision of the Configuration Deviation List (CDL); |
| --- | --- |

(2)

The aeroplane is not operated contrary to the provision of the Configuration Deviation List (CDL);

| (3) | The instruments and equipment required for the flight to be conducted, in accordance with Subparts K and L, are available; |
| --- | --- |

(3)

The instruments and equipment required for the flight to be conducted, in accordance with Subparts K and L, are available;

| (4) | The instruments and equipment are in operable condition except as provided in the MEL; |
| --- | --- |

(4)

The instruments and equipment are in operable condition except as provided in the MEL;

| (5) | Those parts of the operations manual which are required for the conduct of the flight are available; |
| --- | --- |

(5)

Those parts of the operations manual which are required for the conduct of the flight are available;

| (6) | The documents, additional information and forms required to be available by OPS 1.125 and OPS 1.135 are on board; |
| --- | --- |

(6)

The documents, additional information and forms required to be available by OPS 1.125 and OPS 1.135 are on board;

| (7) | Current maps, charts and associated documentation or equivalent data are available to cover the intended operation of the aeroplane including any diversion which may reasonably be expected. This shall include any conversion tables necessary to support operations where metric heights, altitudes and flight levels must be used; |
| --- | --- |

(7)

Current maps, charts and associated documentation or equivalent data are available to cover the intended operation of the aeroplane including any diversion which may reasonably be expected. This shall include any conversion tables necessary to support operations where metric heights, altitudes and flight levels must be used;

| (8) | Ground facilities and services required for the planned flight are available and adequate; |
| --- | --- |

(8)

Ground facilities and services required for the planned flight are available and adequate;

| (9) | The provisions specified in the operations manual in respect of fuel, oil and oxygen requirements, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight; |
| --- | --- |

(9)

The provisions specified in the operations manual in respect of fuel, oil and oxygen requirements, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight;

| (10) | The load is properly distributed and safely secured; |
| --- | --- |

(10)

The load is properly distributed and safely secured;

| (11) | The mass of the aeroplane, at the commencement of take-off roll, will be such that the flight can be conducted in compliance with Subparts F to I as applicable; and |
| --- | --- |

(11)

The mass of the aeroplane, at the commencement of take-off roll, will be such that the flight can be conducted in compliance with Subparts F to I as applicable; and

| (12) | Any operational limitation in addition to those covered by sub-paragraphs (9) and (11) above can be complied with. |
| --- | --- |

(12)

Any operational limitation in addition to those covered by sub-paragraphs (9) and (11) above can be complied with.

OPS 1.295

Selection of aerodromes

| (a) | An operator shall establish procedures for the selection of destination and/or alternate aerodromes in accordance with OPS 1.220 when planning a flight. |
| --- | --- |

(a)

An operator shall establish procedures for the selection of destination and/or alternate aerodromes in accordance with OPS 1.220 when planning a flight.

| (b) | An operator must select and specify in the operational flight plan a take-off alternate if it would not be possible to return to the aerodrome of departure for meteorological or performance reasons. The take-off alternate shall be located within:






  (1) | For two-engined aeroplanes, either:






  (i) | One hour flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass; or |
| --- | --- | --- | --- |

(b)

An operator must select and specify in the operational flight plan a take-off alternate if it would not be possible to return to the aerodrome of departure for meteorological or performance reasons. The take-off alternate shall be located within:

(1)

For two-engined aeroplanes, either:

(i)

One hour flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass; or

| (ii) | The operator's approved ETOPS diversion time, subject to any MEL restriction, up to a maximum of two hours, at the one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for aeroplanes and crews authorised for ETOPS; or |
| --- | --- |

(ii)

The operator's approved ETOPS diversion time, subject to any MEL restriction, up to a maximum of two hours, at the one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for aeroplanes and crews authorised for ETOPS; or

| (2) | Two hours flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for three and four-engined aeroplanes; and |
| --- | --- |

(2)

Two hours flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for three and four-engined aeroplanes; and

| (3) | If the AFM does not contain a one-engine-inoperative cruising speed, the speed to be used for calculation must be that which is achieved with the remaining engine(s) set at maximum continuous power. |
| --- | --- |

(3)

If the AFM does not contain a one-engine-inoperative cruising speed, the speed to be used for calculation must be that which is achieved with the remaining engine(s) set at maximum continuous power.

| (c) | An operator must select at least one destination alternate for each IFR flight unless:






  (1) | Both:






  (i) | The duration of the planned flight from take-off to landing does not exceed 6 hours; and |
| --- | --- | --- | --- |

(c)

An operator must select at least one destination alternate for each IFR flight unless:

(1)

Both:

(i)

The duration of the planned flight from take-off to landing does not exceed 6 hours; and

| (ii) | Two separate runways are available and useable at the destination and the appropriate weather reports or forecasts for the destination aerodrome, or any combination thereof, indicate that for the period from one hour before until one hour after the expected time of arrival at destination, the ceiling will be at least 2 000 ft or circling height + 500 ft, whichever is greater, and the visibility will be at least 5 km; |
| --- | --- |

(ii)

Two separate runways are available and useable at the destination and the appropriate weather reports or forecasts for the destination aerodrome, or any combination thereof, indicate that for the period from one hour before until one hour after the expected time of arrival at destination, the ceiling will be at least 2 000 ft or circling height + 500 ft, whichever is greater, and the visibility will be at least 5 km;

or

| (2) | The destination is isolated and no adequate destination alternate exists. |
| --- | --- |

(2)

The destination is isolated and no adequate destination alternate exists.

| (d) | An operator must select two destination alternates when:






  (1) | The appropriate weather reports or forecasts for the destination, or any combination thereof, indicate that during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival, the weather conditions will be below the applicable planning minima; or |
| --- | --- | --- |

(d)

An operator must select two destination alternates when:

(1)

The appropriate weather reports or forecasts for the destination, or any combination thereof, indicate that during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival, the weather conditions will be below the applicable planning minima; or

| (2) | No meteorological information is available. |
| --- | --- |

(2)

No meteorological information is available.

| (e) | An operator shall specify any required alternate(s) in the operational flight plan. |
| --- | --- |

(e)

An operator shall specify any required alternate(s) in the operational flight plan.

OPS 1.297

Planning minima for IFR flights

| (a) | Planning minima for take-off alternates. An operator shall not select an aerodrome as a take-off alternate aerodrome unless the appropriate weather reports or forecasts or any combination thereof indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable landing minima specified in accordance with OPS 1.225. The ceiling must be taken into account when the only approaches available are non-precision and/or circling approaches. Any limitation related to one-engine-inoperative operations must be taken into account. |
| --- | --- |

(a)

Planning minima for take-off alternates. An operator shall not select an aerodrome as a take-off alternate aerodrome unless the appropriate weather reports or forecasts or any combination thereof indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable landing minima specified in accordance with OPS 1.225. The ceiling must be taken into account when the only approaches available are non-precision and/or circling approaches. Any limitation related to one-engine-inoperative operations must be taken into account.

| (b) | Planning minima for destination and destination alternate aerodromes. An operator shall only select the destination aerodrome and/or destination alternate aerodrome(s) when the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable planning minima as follows:






  (1) | Planning minima for a destination aerodrome except isolated destination aerodromes:






  (i) | RVR/visibility specified in accordance with OPS 1.225; and |
| --- | --- | --- | --- |

(b)

Planning minima for destination and destination alternate aerodromes. An operator shall only select the destination aerodrome and/or destination alternate aerodrome(s) when the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable planning minima as follows:

(1)

Planning minima for a destination aerodrome except isolated destination aerodromes:

(i)

RVR/visibility specified in accordance with OPS 1.225; and

| (ii) | For a non-precision approach or a circling approach, the ceiling at or above MDH; and |
| --- | --- |

(ii)

For a non-precision approach or a circling approach, the ceiling at or above MDH; and

| (2) | Planning minima for destination alternate aerodrome(s) and isolated destination aerodromes will be in accordance with Table 1 below:
  Table 1
  Planning minima — En-route and destination alternates — Isolated destination aerodromes






  Type of approach | Planning Minima |
| --- | --- | --- |
| Cat II and III | Cat I (Note 1) |
| Cat I | Non-precision
  (Notes 1 & 2) |
| Non-precision | Non-precision
  (Notes 1 & 2)
  plus 200 ft/1 000 m |
| Circling | Circling (Notes 2 and 3) |
| Note 1: | RVR. |

(2)

Planning minima for destination alternate aerodrome(s) and isolated destination aerodromes will be in accordance with Table 1 below:

Table 1

Planning minima — En-route and destination alternates — Isolated destination aerodromes

Type of approach

Planning Minima

Cat II and III

Cat I (Note 1)

Cat I

Non-precision

(Notes 1 & 2)

Non-precision

Non-precision

(Notes 1 & 2)

plus 200 ft/1 000 m

Circling

Circling (Notes 2 and 3)

Note 1:

RVR.

| Note 2: | The ceiling must be at or above the MDH. |
| --- | --- |

Note 2:

The ceiling must be at or above the MDH.

| Note 3: | Visibility. |
| --- | --- |

Note 3:

Visibility.

| (c) | Planning minima for an en-route alternate aerodrome. An operator shall not select an aerodrome as an en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima in accordance with Table 1 above. |
| --- | --- |

(c)

Planning minima for an en-route alternate aerodrome. An operator shall not select an aerodrome as an en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima in accordance with Table 1 above.

| (d) | Planning minima for an ETOPS en-route alternate. An operator shall not select an aerodrome as an ETOPS en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima prescribed in Table 2 below, and in accordance with the operator's ETOPS approval.
  Table 2
  Planning minima — ETOPS







  Type of Approach | Planning Minima |
| --- | --- | --- |
| (RVR/visibility required & ceiling if applicable) |
| AERODROME WITH |
| | at least 2 separate approach procedures based on 2 separate aids serving 2 separate runways. | at least 2 separate approach procedures based on 2 separate aids serving 1 runway
  or,
  at least 1 approach procedure based on 1 aid serving 1 runway |
| Precision Approach Cat II,III (ILS, MLS) | Precision Approach Cat I Minima | Non-Precision Approach Minima |
| Precision Approach Cat I (ILS, MLS) | Non-Precision approach Minima | Circling Minima or if not available, Non-Precision Approach minima plus 200 ft/1 000 m |
| Non-Precision Approach | The lower of Non-Precision Approach minima plus 200 ft/1 000 m or circling minima | The higher of circling minima or Non-Precision Approach minima plus 200 ft/1 000 m |
| Circling Approach | Circling minima |

(d)

Planning minima for an ETOPS en-route alternate. An operator shall not select an aerodrome as an ETOPS en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima prescribed in Table 2 below, and in accordance with the operator's ETOPS approval.

Table 2

Planning minima — ETOPS

Type of Approach

Planning Minima

(RVR/visibility required & ceiling if applicable)

AERODROME WITH

at least 2 separate approach procedures based on 2 separate aids serving 2 separate runways.

at least 2 separate approach procedures based on 2 separate aids serving 1 runway

or,

at least 1 approach procedure based on 1 aid serving 1 runway

Precision Approach Cat II,III (ILS, MLS)

Precision Approach Cat I Minima

Non-Precision Approach Minima

Precision Approach Cat I (ILS, MLS)

Non-Precision approach Minima

Circling Minima or if not available, Non-Precision Approach minima plus 200 ft/1 000 m

Non-Precision Approach

The lower of Non-Precision Approach minima plus 200 ft/1 000 m or circling minima

The higher of circling minima or Non-Precision Approach minima plus 200 ft/1 000 m

Circling Approach

Circling minima

OPS 1.300

Submission of ATS Flight Plan

An operator shall ensure that a flight is not commenced unless an ATS flight plan has been submitted, or adequate information has been deposited in order to permit alerting services to be activated if required.

OPS 1.305

Refuelling/defuelling with passengers embarking, on board or disembarking

(See Appendix 1 to OPS 1.305)

An operator shall ensure that no aeroplane is refuelled/defuelled with Avgas or wide cut type fuel (e.g. Jet-B or equivalent) or when a mixture of these types of fuel might occur, when passengers are embarking, on board or disembarking. In all other cases necessary precautions must be taken and the aeroplane must be properly manned by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.

OPS 1.307

Refuelling/Defuelling with wide-cut fuel

An operator shall establish procedures for refuelling/defuelling with wide-cut fuel (e.g. Jet-B or equivalent) if this is required.

OPS 1.308

Push Back and Towing

| (a) | The operator shall ensure that all push back and towing procedures comply with appropriate aviation standards and procedures. |
| --- | --- |

(a)

The operator shall ensure that all push back and towing procedures comply with appropriate aviation standards and procedures.

| (b) | The operator shall ensure that pre- or post-taxi positioning of the aeroplanes is not executed by towbarless towing unless:






  (1) | an aeroplane is protected by its own design from damage to the nose wheel steering system due to towbarless towing operation, or |
| --- | --- | --- |

(b)

The operator shall ensure that pre- or post-taxi positioning of the aeroplanes is not executed by towbarless towing unless:

(1)

an aeroplane is protected by its own design from damage to the nose wheel steering system due to towbarless towing operation, or

| (2) | a system/procedure is provided to alert the flight crew that such damage may have or has occurred, or |
| --- | --- |

(2)

a system/procedure is provided to alert the flight crew that such damage may have or has occurred, or

| (3) | the towbarless towing vehicle is designed to prevent damage to the aeroplane type. |
| --- | --- |

(3)

the towbarless towing vehicle is designed to prevent damage to the aeroplane type.

OPS 1.310

Crew Members at stations

| (a) | Flight crew members






  (1) | During take-off and landing each flight crew member required to be on flight deck duty shall be at his/her station. |
| --- | --- | --- |

(a)

Flight crew members

(1)

During take-off and landing each flight crew member required to be on flight deck duty shall be at his/her station.

| (2) | During all other phases of flight each flight crew member required to be on flight deck duty shall remain at his/her station unless his/her absence is necessary for the performance of his/her duties in connection with the operation, or for physiological needs provided at least one suitably qualified pilot remains at the controls of the aeroplane at all times. |
| --- | --- |

(2)

During all other phases of flight each flight crew member required to be on flight deck duty shall remain at his/her station unless his/her absence is necessary for the performance of his/her duties in connection with the operation, or for physiological needs provided at least one suitably qualified pilot remains at the controls of the aeroplane at all times.

| (3) | During all phases of flight each flight crew member required to be on flight deck duty shall remain alert. If a lack of alertness is encountered, appropriate countermeasures shall be used. If unexpected fatigue is experienced a controlled rest procedure, organised by the commander, can be used if workload permits. Controlled rest taken in this way may never be considered to be part of a rest period for purposes of calculating flight time limitations nor used to justify any duty period. |
| --- | --- |

(3)

During all phases of flight each flight crew member required to be on flight deck duty shall remain alert. If a lack of alertness is encountered, appropriate countermeasures shall be used. If unexpected fatigue is experienced a controlled rest procedure, organised by the commander, can be used if workload permits. Controlled rest taken in this way may never be considered to be part of a rest period for purposes of calculating flight time limitations nor used to justify any duty period.

| (b) | Cabin crew members. On all the decks of the aeroplane that are occupied by passengers, required cabin crew members shall be seated at their assigned stations during critical phases of flight. |
| --- | --- |

(b)

Cabin crew members. On all the decks of the aeroplane that are occupied by passengers, required cabin crew members shall be seated at their assigned stations during critical phases of flight.

OPS 1.315

Assisting means for emergency evacuation

An operator shall establish procedures to ensure that before taxiing, take-off and landing, and when safe and practicable to do so, an assisting means for emergency evacuation that deploys automatically, is armed.

OPS 1.320

Seats, safety belts and harnesses

| (a) | Crew members






  (1) | During take-off and landing, and whenever deemed necessary by the commander in the interest of safety, each crew member shall be properly secured by all safety belts and harnesses provided. |
| --- | --- | --- |

(a)

Crew members

(1)

During take-off and landing, and whenever deemed necessary by the commander in the interest of safety, each crew member shall be properly secured by all safety belts and harnesses provided.

| (2) | During other phases of the flight each flight crew member on the flight deck shall keep his/her safety belt fastened while at his/her station. |
| --- | --- |

(2)

During other phases of the flight each flight crew member on the flight deck shall keep his/her safety belt fastened while at his/her station.

| (b) | Passengers






  (1) | Before take-off and landing, and during taxiing, and whenever deemed necessary in the interest of safety, the commander shall ensure that each passenger on board occupies a seat or berth with his/her safety belt, or harness where provided, properly secured. |
| --- | --- | --- |

(b)

Passengers

(1)

Before take-off and landing, and during taxiing, and whenever deemed necessary in the interest of safety, the commander shall ensure that each passenger on board occupies a seat or berth with his/her safety belt, or harness where provided, properly secured.

| (2) | An operator shall make provision for, and the commander shall ensure that multiple occupancy of aeroplane seats may only be allowed on specified seats and does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device. |
| --- | --- |

(2)

An operator shall make provision for, and the commander shall ensure that multiple occupancy of aeroplane seats may only be allowed on specified seats and does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device.

OPS 1.325

Securing of passenger cabin and galley(s)

| (a) | An operator shall establish procedures to ensure that before taxiing, take-off and landing all exits and escape paths are unobstructed. |
| --- | --- |

(a)

An operator shall establish procedures to ensure that before taxiing, take-off and landing all exits and escape paths are unobstructed.

| (b) | The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety, all equipment and baggage is properly secured. |
| --- | --- |

(b)

The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety, all equipment and baggage is properly secured.

OPS 1.330

Accessibility of emergency equipment

The commander shall ensure that relevant emergency equipment remains easily accessible for immediate use.

OPS 1.335

Smoking on board

| (a) | The commander shall ensure that no person on board is allowed to smoke:






  (1) | Whenever deemed necessary in the interest of safety; |
| --- | --- | --- |

(a)

The commander shall ensure that no person on board is allowed to smoke:

(1)

Whenever deemed necessary in the interest of safety;

| (2) | While the aeroplane is on the ground unless specifically permitted in accordance with procedures defined in the Operations Manual; |
| --- | --- |

(2)

While the aeroplane is on the ground unless specifically permitted in accordance with procedures defined in the Operations Manual;

| (3) | Outside designated smoking areas, in the aisle(s) and in the toilet(s); |
| --- | --- |

(3)

Outside designated smoking areas, in the aisle(s) and in the toilet(s);

| (4) | In cargo compartments and/or other areas where cargo is carried which is not stored in flame resistant containers or covered by flame resistant canvas; and |
| --- | --- |

(4)

In cargo compartments and/or other areas where cargo is carried which is not stored in flame resistant containers or covered by flame resistant canvas; and

| (5) | In those areas of the cabin where oxygen is being supplied. |
| --- | --- |

(5)

In those areas of the cabin where oxygen is being supplied.

OPS 1.340

Meteorological Conditions

| (a) | On an IFR flight a commander shall not:






  (1) | Commence take-off; nor |
| --- | --- | --- |

(a)

On an IFR flight a commander shall not:

(1)

Commence take-off; nor

| (2) | Continue beyond the point from which a revised flight plan applies in the event of in-flight replanning, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the planning minima, prescribed in OPS 1.297. |
| --- | --- |

(2)

Continue beyond the point from which a revised flight plan applies in the event of in-flight replanning, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the planning minima, prescribed in OPS 1.297.

| (b) | On an IFR flight a commander shall not continue beyond:






  (1) | The decision point when using the decision point procedure; or |
| --- | --- | --- |

(b)

On an IFR flight a commander shall not continue beyond:

(1)

The decision point when using the decision point procedure; or

| (2) | The pre-determined point when using the pre-determined point procedure, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the applicable aerodrome operating minima prescribed in OPS 1.225. |
| --- | --- |

(2)

The pre-determined point when using the pre-determined point procedure, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the applicable aerodrome operating minima prescribed in OPS 1.225.

| (c) | On an IFR flight, a commander shall not continue towards the planned destination aerodrome unless the latest information available indicates that, at the expected time of arrival, the weather conditions at the destination, or at least one destination alternate aerodrome, are at or above the planning applicable aerodrome operating minima. |
| --- | --- |

(c)

On an IFR flight, a commander shall not continue towards the planned destination aerodrome unless the latest information available indicates that, at the expected time of arrival, the weather conditions at the destination, or at least one destination alternate aerodrome, are at or above the planning applicable aerodrome operating minima.

| (d) | On a VFR flight a commander shall not commence take-off unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown under VFR will, at the appropriate time, be such as to render compliance with these rules possible. |
| --- | --- |

(d)

On a VFR flight a commander shall not commence take-off unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown under VFR will, at the appropriate time, be such as to render compliance with these rules possible.

OPS 1.345

Ice and other contaminants — ground procedures

| (a) | An operator shall establish procedures to be followed when ground de-icing and anti-icing and related inspections of the aeroplane(s) are necessary. |
| --- | --- |

(a)

An operator shall establish procedures to be followed when ground de-icing and anti-icing and related inspections of the aeroplane(s) are necessary.

| (b) | A commander shall not commence take-off unless the external surfaces are clear of any deposit which might adversely affect the performance and/or controllability of the aeroplane except as permitted in the Aeroplane Flight Manual. |
| --- | --- |

(b)

A commander shall not commence take-off unless the external surfaces are clear of any deposit which might adversely affect the performance and/or controllability of the aeroplane except as permitted in the Aeroplane Flight Manual.

OPS 1.346

Ice and other contaminants — flight procedures

| (a) | An operator shall establish procedures for flights in expected or actual icing conditions. |
| --- | --- |

(a)

An operator shall establish procedures for flights in expected or actual icing conditions.

| (b) | A commander shall not commence a flight nor intentionally fly into expected or actual icing conditions unless the aeroplane is certificated and equipped to cope with such conditions. |
| --- | --- |

(b)

A commander shall not commence a flight nor intentionally fly into expected or actual icing conditions unless the aeroplane is certificated and equipped to cope with such conditions.

OPS 1.350

Fuel and oil supply

A commander shall not commence a flight unless he/she is satisfied that the aeroplane carries at least the planned amount of fuel and oil to complete the flight safely, taking into account the expected operating conditions.

OPS 1.355

Take-off conditions

Before commencing take-off, a commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe take-off and departure.

OPS 1.360

Application of take-off minima

Before commencing take-off, a commander must satisfy himself/herself that the RVR or visibility in the take-off direction of the aeroplane is equal to or better than the applicable minimum.

OPS 1.365

Minimum flight altitudes

The commander or the pilot to whom conduct of the flight has been delegated shall not fly below specified minimum altitudes except when necessary for take-off or landing.

OPS 1.370

Simulated abnormal situations in flight

An operator shall establish procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means are not simulated during commercial air transportation flights.

OPS 1.375

In-flight fuel management

(See Appendix 1 to OPS 1.375)

| (a) | An operator shall establish a procedure to ensure that in-flight fuel checks and fuel management are carried out. |
| --- | --- |

(a)

An operator shall establish a procedure to ensure that in-flight fuel checks and fuel management are carried out.

| (b) | A commander shall ensure that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to an aerodrome where a safe landing can be made, with final reserve fuel remaining. |
| --- | --- |

(b)

A commander shall ensure that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to an aerodrome where a safe landing can be made, with final reserve fuel remaining.

| (c) | The commander shall declare an emergency when calculated usable fuel on landing is less than final reserve fuel. |
| --- | --- |

(c)

The commander shall declare an emergency when calculated usable fuel on landing is less than final reserve fuel.

OPS 1.380

Intentionally blank

OPS 1.385

Use of supplemental oxygen

A commander shall ensure that flight crew members engaged in performing duties essential to the safe operation of an aeroplane in flight use supplemental oxygen continuously whenever cabin altitude exceeds 10 000 ft for a period in excess of 30 minutes and whenever the cabin altitude exceeds 13 000 ft.

OPS 1.390

Cosmic radiation

| (a) | An operator shall take account of the in-flight exposure to cosmic radiation of all crew members while on duty (including positioning) and shall take the following measures for those crew liable to be subject to exposure of more than 1 mSv per year;






  (1) | Assess their exposure; |
| --- | --- | --- |

(a)

An operator shall take account of the in-flight exposure to cosmic radiation of all crew members while on duty (including positioning) and shall take the following measures for those crew liable to be subject to exposure of more than 1 mSv per year;

(1)

Assess their exposure;

| (2) | Take into account the assessed exposure when organising working schedules with a view to reduce the doses of highly exposed crew members; |
| --- | --- |

(2)

Take into account the assessed exposure when organising working schedules with a view to reduce the doses of highly exposed crew members;

| (3) | Inform the crew members concerned of the health risks their work involves; |
| --- | --- |

(3)

Inform the crew members concerned of the health risks their work involves;

| (4) | Ensure that the working schedules for female crew members, once they have notified the operator that they are pregnant, keep the equivalent dose to the foetus as low as can reasonably be achieved and in any case ensure that the dose does not exceed 1 mSv for the remainder of the pregnancy; |
| --- | --- |

(4)

Ensure that the working schedules for female crew members, once they have notified the operator that they are pregnant, keep the equivalent dose to the foetus as low as can reasonably be achieved and in any case ensure that the dose does not exceed 1 mSv for the remainder of the pregnancy;

| (5) | Ensure that individual records are kept for those crew members who are liable to high exposure. These exposures are to be notified to the individual on an annual basis, and also upon leaving the operator. |
| --- | --- |

(5)

Ensure that individual records are kept for those crew members who are liable to high exposure. These exposures are to be notified to the individual on an annual basis, and also upon leaving the operator.

| (b) | (1) | An operator shall not operate an aeroplane above 15 000 m (49 000 ft) unless the equipment specified in OPS 1.680 is serviceable, or the procedure prescribed in OPS 1.680 is complied with. |
| --- | --- | --- |

(b)

(1)

An operator shall not operate an aeroplane above 15 000 m (49 000 ft) unless the equipment specified in OPS 1.680 is serviceable, or the procedure prescribed in OPS 1.680 is complied with.

| (2) | The commander or the pilot to whom conduct of the flight has been delegated shall initiate a descent as soon as practicable when the limit values of cosmic radiation dose rate specified in the Operations Manual are exceeded. |
| --- | --- |

(2)

The commander or the pilot to whom conduct of the flight has been delegated shall initiate a descent as soon as practicable when the limit values of cosmic radiation dose rate specified in the Operations Manual are exceeded.

OPS 1.395

Ground proximity detection

When undue proximity to the ground is detected by any flight crew member or by a ground proximity warning system, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe flight conditions.

OPS 1.398

Use of Airborne Collision Avoidance System (ACAS)

An operator shall establish procedures to ensure that:

| (a) | When ACAS is installed and serviceable, it shall be used in flight in a mode that enables Resolution Advisories (RA) to be produced unless to do so would not be appropriate for conditions existing at the time. |
| --- | --- |

(a)

When ACAS is installed and serviceable, it shall be used in flight in a mode that enables Resolution Advisories (RA) to be produced unless to do so would not be appropriate for conditions existing at the time.

| (b) | When undue proximity to another aircraft (RA) is detected by ACAS, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe separation unless the intruder has been visually identified and has been determined not to be a threat. |
| --- | --- |

(b)

When undue proximity to another aircraft (RA) is detected by ACAS, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe separation unless the intruder has been visually identified and has been determined not to be a threat.

OPS 1.400

Approach and landing conditions

Before commencing an approach to land, the commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe approach, landing or missed approach, having regard to the performance information contained in the Operations Manual.

OPS 1.405

Commencement and continuation of approach

| (a) | The commander or the pilot to whom conduct of the flight has been delegated may commence an instrument approach regardless of the reported RVR/Visibility but the approach shall not be continued beyond the outer marker, or equivalent position, if the reported RVR/visibility is less than the applicable minima. |
| --- | --- |

(a)

The commander or the pilot to whom conduct of the flight has been delegated may commence an instrument approach regardless of the reported RVR/Visibility but the approach shall not be continued beyond the outer marker, or equivalent position, if the reported RVR/visibility is less than the applicable minima.

| (b) | Where RVR is not available, RVR values may be derived by converting the reported visibility in accordance with Appendix 1 to OPS 1.430, sub-paragraph (h). |
| --- | --- |

(b)

Where RVR is not available, RVR values may be derived by converting the reported visibility in accordance with Appendix 1 to OPS 1.430, sub-paragraph (h).

| (c) | If, after passing the outer marker or equivalent position in accordance with (a) above, the reported RVR/visibility falls below the applicable minimum, the approach may be continued to DA/H or MDA/H. |
| --- | --- |

(c)

If, after passing the outer marker or equivalent position in accordance with (a) above, the reported RVR/visibility falls below the applicable minimum, the approach may be continued to DA/H or MDA/H.

| (d) | Where no outer marker or equivalent position exists, the commander or the pilot to whom conduct of the flight has been delegated shall make the decision to continue or abandon the approach before descending below 1 000 ft above the aerodrome on the final approach segment. If the MDA/H is at or above 1 000 ft above the aerodrome, the operator shall establish a height, for each approach procedure, below which the approach shall not be continued if RVR/visibility is less than applicable minima. |
| --- | --- |

(d)

Where no outer marker or equivalent position exists, the commander or the pilot to whom conduct of the flight has been delegated shall make the decision to continue or abandon the approach before descending below 1 000 ft above the aerodrome on the final approach segment. If the MDA/H is at or above 1 000 ft above the aerodrome, the operator shall establish a height, for each approach procedure, below which the approach shall not be continued if RVR/visibility is less than applicable minima.

| (e) | The approach may be continued below DA/H or MDA/H and the landing may be completed provided that the required visual reference is established at the DA/H or MDA/H and is maintained. |
| --- | --- |

(e)

The approach may be continued below DA/H or MDA/H and the landing may be completed provided that the required visual reference is established at the DA/H or MDA/H and is maintained.

| (f) | The touch-down zone RVR is always controlling. If reported and relevant, the mid point and stop end RVR are also controlling. The minimum RVR value for the mid-point is 125 m or the RVR required for the touch-down zone if less, and 75 m for the stop-end. For aeroplanes equipped with a roll-out guidance or control system, the minimum RVR value for the mid-point is 75 m. |
| --- | --- |

(f)

The touch-down zone RVR is always controlling. If reported and relevant, the mid point and stop end RVR are also controlling. The minimum RVR value for the mid-point is 125 m or the RVR required for the touch-down zone if less, and 75 m for the stop-end. For aeroplanes equipped with a roll-out guidance or control system, the minimum RVR value for the mid-point is 75 m.

Note. “Relevant”, in this context, means that part of the runway used during the high speed phase of the landing down to a speed of approximately 60 knots.

OPS 1.410

Operating procedures — Threshold crossing height

An operator must establish operational procedures designed to ensure that an aeroplane being used to conduct precision approaches crosses the threshold by a safe margin, with the aeroplane in the landing configuration and attitude.

OPS 1.415

Journey log

A commander shall ensure that the Journey log is completed.

OPS 1.420

Occurrence reporting

| (a) | Terminology






  (1) | Incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation. |
| --- | --- | --- |

(a)

Terminology

(1)

Incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation.

| (2) | Serious Incident. An incident involving circumstances indicating that an accident nearly occurred. |
| --- | --- |

(2)

Serious Incident. An incident involving circumstances indicating that an accident nearly occurred.

| (3) | Accident. An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which:






  (i) | a person is fatally or seriously injured as a result of:






  (A) | being in the aircraft; |
| --- | --- | --- | --- |

(3)

Accident. An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which:

(i)

a person is fatally or seriously injured as a result of:

(A)

being in the aircraft;

| (B) | direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or |
| --- | --- |

(B)

direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or

| (C) | direct exposure to jet blast; except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or |
| --- | --- |

(C)

direct exposure to jet blast; except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

| (ii) | the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or |
| --- | --- |

(ii)

the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or

| (iii) | the aircraft is missing or is completely inaccessible. |
| --- | --- |

(iii)

the aircraft is missing or is completely inaccessible.

| (b) | Incident reporting. An operator shall establish procedures for reporting incidents taking into account responsibilities described below and circumstances described in sub-paragraph (d) below.






  (1) | OPS 1.085(b) specifies the responsibilities of crew members for reporting incidents that endangers, or could endanger, the safety of operation. |
| --- | --- | --- |

(b)

Incident reporting. An operator shall establish procedures for reporting incidents taking into account responsibilities described below and circumstances described in sub-paragraph (d) below.

(1)

OPS 1.085(b) specifies the responsibilities of crew members for reporting incidents that endangers, or could endanger, the safety of operation.

| (2) | The commander or the operator of an aeroplane shall submit a report to the Authority of any incident that endangers or could endangers the safety of operation. |
| --- | --- |

(2)

The commander or the operator of an aeroplane shall submit a report to the Authority of any incident that endangers or could endangers the safety of operation.

| (3) | Reports must be despatched within 72 hours of the time when the incident was identified unless exceptional circumstances prevent this. |
| --- | --- |

(3)

Reports must be despatched within 72 hours of the time when the incident was identified unless exceptional circumstances prevent this.

| (4) | A commander shall ensure that all known or suspected technical defects and all exceedances of technical limitations occurring while he/she was responsible for the flight are recorded in the aircraft technical log. If the deficiency or exceedance of technical limitations endangers or could endanger the safety of operation, the commander must in addition initiate the submission of a report to the Authority in accordance with paragraph (b)(2) above. |
| --- | --- |

(4)

A commander shall ensure that all known or suspected technical defects and all exceedances of technical limitations occurring while he/she was responsible for the flight are recorded in the aircraft technical log. If the deficiency or exceedance of technical limitations endangers or could endanger the safety of operation, the commander must in addition initiate the submission of a report to the Authority in accordance with paragraph (b)(2) above.

| (5) | In the case of incidents reported in accordance with sub-paragraph (b)(1), (b)(2) and (b)(3) above, arising from, or relating to, any failure, malfunction or defect in the aeroplane, its equipment or any item of ground support equipment or which cause or might cause adverse effects on the continuing airworthiness of the aeroplane, the operator must also inform the organisation responsible for the design or the supplier or, if applicable, the organisation responsible for continued airworthiness, at the same time as a report is submitted to the Authority. |
| --- | --- |

(5)

In the case of incidents reported in accordance with sub-paragraph (b)(1), (b)(2) and (b)(3) above, arising from, or relating to, any failure, malfunction or defect in the aeroplane, its equipment or any item of ground support equipment or which cause or might cause adverse effects on the continuing airworthiness of the aeroplane, the operator must also inform the organisation responsible for the design or the supplier or, if applicable, the organisation responsible for continued airworthiness, at the same time as a report is submitted to the Authority.

| (c) | Accident and Serious Incident Reporting.
  An operator shall establish procedures for reporting accidents and serious incidents taking into account responsibilities described below and circumstances described in sub-paragraph (d) below.






  (1) | A commander shall notify the operator of any accident or serious incident occurring while he/she was responsible for the flight. In the event that the commander is incapable of providing such notification, this task shall be undertaken by any other member of the crew if they are able to do so, note being taken of the succession of command specified by the operator. |
| --- | --- | --- |

(c)

Accident and Serious Incident Reporting.

An operator shall establish procedures for reporting accidents and serious incidents taking into account responsibilities described below and circumstances described in sub-paragraph (d) below.

(1)

A commander shall notify the operator of any accident or serious incident occurring while he/she was responsible for the flight. In the event that the commander is incapable of providing such notification, this task shall be undertaken by any other member of the crew if they are able to do so, note being taken of the succession of command specified by the operator.

| (2) | An operator shall ensure that the Authority in the State of the operator, the nearest appropriate Authority (if not the Authority in the State of the operator), and any other organisation require by the State of the operator to be informed, are notified by the quickest means available of any accident or serious incident and-in the case of accidents only — at least before the aeroplane is moved unless exceptional circumstances prevent this. |
| --- | --- |

(2)

An operator shall ensure that the Authority in the State of the operator, the nearest appropriate Authority (if not the Authority in the State of the operator), and any other organisation require by the State of the operator to be informed, are notified by the quickest means available of any accident or serious incident and-in the case of accidents only — at least before the aeroplane is moved unless exceptional circumstances prevent this.

| (3) | The commander or the operator of an aeroplane shall submit a report to the authority in the State of the operator within 72 hours of the time when the accident or serious incident occurred. |
| --- | --- |

(3)

The commander or the operator of an aeroplane shall submit a report to the authority in the State of the operator within 72 hours of the time when the accident or serious incident occurred.

| (d) | Specific Reports.
  Occurrences for which specific notification and reporting methods must be used are described below:






  (1) | Air traffic incidents. A commander shall without delay notify the air traffic service unit concerned of the incident and shall inform them of his/her intention to submit an air traffic incident report after the flight has ended whenever an aircraft in flight has been endangered by:






  (i) | A near collision with any other flying device; |
| --- | --- | --- | --- |

(d)

Specific Reports.

Occurrences for which specific notification and reporting methods must be used are described below:

(1)

Air traffic incidents. A commander shall without delay notify the air traffic service unit concerned of the incident and shall inform them of his/her intention to submit an air traffic incident report after the flight has ended whenever an aircraft in flight has been endangered by:

(i)

A near collision with any other flying device;

| (ii) | Faulty air traffic procedures or lack of compliance with applicable procedures by air traffic services or by the flight crew; |
| --- | --- |

(ii)

Faulty air traffic procedures or lack of compliance with applicable procedures by air traffic services or by the flight crew;

| (iii) | failure of air traffic services facilities. |
| --- | --- |

(iii)

failure of air traffic services facilities.

In addition, the commander shall notify the Authority of the incident.

| (2) | Airborne Collision Avoidance System Resolution Advisory. A commander shall notify the air traffic service unit concerned and submit an ACAS report to the Authority whenever an aircraft in flight has manoeuvred in response to an ACAS Resolution Advisory. |
| --- | --- |

(2)

Airborne Collision Avoidance System Resolution Advisory. A commander shall notify the air traffic service unit concerned and submit an ACAS report to the Authority whenever an aircraft in flight has manoeuvred in response to an ACAS Resolution Advisory.

| (3) | Bird Hazards and Strikes






  (i) | A commander shall immediately inform the local air traffic service unit whenever a potential bird hazard is observed. |
| --- | --- | --- |

(3)

Bird Hazards and Strikes

(i)

A commander shall immediately inform the local air traffic service unit whenever a potential bird hazard is observed.

| (ii) | If he/she is aware that a bird strike has occurred, a commander shall submit a written bird strike report after landing to the Authority whenever an aircraft for which he/she is responsible suffers a bird strike that results in significant damage to the aircraft or the loss or malfunction of any essential service. If the bird strike is discovered when the commander is not available, the operator is responsible for submitting the report. |
| --- | --- |

(ii)

If he/she is aware that a bird strike has occurred, a commander shall submit a written bird strike report after landing to the Authority whenever an aircraft for which he/she is responsible suffers a bird strike that results in significant damage to the aircraft or the loss or malfunction of any essential service. If the bird strike is discovered when the commander is not available, the operator is responsible for submitting the report.

| (4) | In-flight Emergencies with Dangerous Goods on board. If an in-flight emergency occurs and the situation permits, a commander shall inform the appropriate Air Traffic Service unit of any Dangerous Goods on board. After the aircraft has landed, the commander shall, if the occurrence has been associated with and was related to the transport of dangerous goods, comply also with the reporting requirements specified in OPS 1.1225. |
| --- | --- |

(4)

In-flight Emergencies with Dangerous Goods on board. If an in-flight emergency occurs and the situation permits, a commander shall inform the appropriate Air Traffic Service unit of any Dangerous Goods on board. After the aircraft has landed, the commander shall, if the occurrence has been associated with and was related to the transport of dangerous goods, comply also with the reporting requirements specified in OPS 1.1225.

| (5) | Unlawful Interference. Following an act of unlawful interference on board an aircraft, the commander or, in his/her absence, the operator shall submit a report, as soon as practicable to the local Authority and to the Authority in the State of the operator. (See also OPS 1.1245) |
| --- | --- |

(5)

Unlawful Interference. Following an act of unlawful interference on board an aircraft, the commander or, in his/her absence, the operator shall submit a report, as soon as practicable to the local Authority and to the Authority in the State of the operator. (See also OPS 1.1245)

| (6) | Encountering Potential Hazardous Conditions. A commander shall notify the appropriate air traffic services unit as soon as practicable whenever a potentially hazardous condition such as an irregularity in a ground or navigational facility, a meteorological phenomenon or a volcanic ash cloud is encountered during flight. |
| --- | --- |

(6)

Encountering Potential Hazardous Conditions. A commander shall notify the appropriate air traffic services unit as soon as practicable whenever a potentially hazardous condition such as an irregularity in a ground or navigational facility, a meteorological phenomenon or a volcanic ash cloud is encountered during flight.

OPS 1.425

Reserved

Appendix 1 to OPS 1.270

Stowage of baggage and cargo

Procedures established by an operator to ensure that hand baggage and cargo is adequately and securely stowed must take account of the following:

| (1) | Each item carried in a cabin must be stowed only in a location that is capable of restraining it; |
| --- | --- |

(1)

Each item carried in a cabin must be stowed only in a location that is capable of restraining it;

| (2) | Mass limitations placarded on or adjacent to stowages must not be exceeded; |
| --- | --- |

(2)

Mass limitations placarded on or adjacent to stowages must not be exceeded;

| (3) | Underseat stowages must not be used unless the seat is equipped with a restraint bar and the baggage is of such size that it may adequately be restrained by this equipment; |
| --- | --- |

(3)

Underseat stowages must not be used unless the seat is equipped with a restraint bar and the baggage is of such size that it may adequately be restrained by this equipment;

| (4) | Items must not be stowed in toilets or against bulkheads that are incapable of restraining articles against movement forwards, sideways or upwards and unless the bulkheads carry a placard specifying the greatest mass that may be placed there; |
| --- | --- |

(4)

Items must not be stowed in toilets or against bulkheads that are incapable of restraining articles against movement forwards, sideways or upwards and unless the bulkheads carry a placard specifying the greatest mass that may be placed there;

| (5) | Baggage and cargo placed in lockers must not be of such size that they prevent latched doors from being closed securely; |
| --- | --- |

(5)

Baggage and cargo placed in lockers must not be of such size that they prevent latched doors from being closed securely;

| (6) | Baggage and cargo must not be placed where it can impede access to emergency equipment; and |
| --- | --- |

(6)

Baggage and cargo must not be placed where it can impede access to emergency equipment; and

| (7) | Checks must be made before take-off, before landing, and whenever the fasten seat belts signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling (or other movement) as may be appropriate to the phase of flight. |
| --- | --- |

(7)

Checks must be made before take-off, before landing, and whenever the fasten seat belts signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling (or other movement) as may be appropriate to the phase of flight.

Appendix 1 to OPS 1.305

Re/defuelling with passengers embarking, on board or disembarking

An operator must establish operational procedures for re/defuelling with passengers embarking, on board or disembarking to ensure the following precautions are taken:

| (1) | One qualified person must remain at a specified location during fuelling operations with passengers on board. This qualified person must be capable of handling emergency procedures concerning fire protection and fire-fighting, handling communications and initiating and directing an evacuation; |
| --- | --- |

(1)

One qualified person must remain at a specified location during fuelling operations with passengers on board. This qualified person must be capable of handling emergency procedures concerning fire protection and fire-fighting, handling communications and initiating and directing an evacuation;

| (2) | A two-way communication shall be established and shall remain available by the aeroplane's inter-communication system or other suitable means between the ground crew supervising the refuelling and the qualified personnel on board the aeroplane; |
| --- | --- |

(2)

A two-way communication shall be established and shall remain available by the aeroplane's inter-communication system or other suitable means between the ground crew supervising the refuelling and the qualified personnel on board the aeroplane;

| (3) | Crew, staff and passengers must be warned that re/defuelling will take place; |
| --- | --- |

(3)

Crew, staff and passengers must be warned that re/defuelling will take place;

| (4) | “Fasten Seat Belts” signs must be off; |
| --- | --- |

(4)

“Fasten Seat Belts” signs must be off;

| (5) | “NO SMOKING” signs must be on, together with interior lighting to enable emergency exits to be identified; |
| --- | --- |

(5)

“NO SMOKING” signs must be on, together with interior lighting to enable emergency exits to be identified;

| (6) | Passengers must be instructed to unfasten their seat belts and refrain from smoking; |
| --- | --- |

(6)

Passengers must be instructed to unfasten their seat belts and refrain from smoking;

| (7) | Sufficient qualified personnel must be on board and be prepared for an immediate emergency evacuation; |
| --- | --- |

(7)

Sufficient qualified personnel must be on board and be prepared for an immediate emergency evacuation;

| (8) | If the presence of fuel vapour is detected inside the aeroplane, or any other hazard arises during re/defuelling, fuelling must be stopped immediately; |
| --- | --- |

(8)

If the presence of fuel vapour is detected inside the aeroplane, or any other hazard arises during re/defuelling, fuelling must be stopped immediately;

| (9) | The ground area beneath the exits intended for emergency evacuation and slide deployment areas must be kept clear; and |
| --- | --- |

(9)

The ground area beneath the exits intended for emergency evacuation and slide deployment areas must be kept clear; and

| (10) | Provision is made for a safe and rapid evacuation. |
| --- | --- |

(10)

Provision is made for a safe and rapid evacuation.

Appendix 1 to OPS 1.375

In-flight fuel management

| (a) | In-flight fuel checks






  (1) | A commander must ensure that fuel checks are carried out in flight at regular intervals. The remaining fuel must be recorded and evaluated to:






  (i) | Compare actual consumption with planned consumption; |
| --- | --- | --- | --- |

(a)

In-flight fuel checks

(1)

A commander must ensure that fuel checks are carried out in flight at regular intervals. The remaining fuel must be recorded and evaluated to:

(i)

Compare actual consumption with planned consumption;

| (ii) | Check that the remaining fuel is sufficient to complete the flight; and |
| --- | --- |

(ii)

Check that the remaining fuel is sufficient to complete the flight; and

| (iii) | Determine the expected fuel remaining on arrival at the destination. |
| --- | --- |

(iii)

Determine the expected fuel remaining on arrival at the destination.

| (2) | The relevant fuel data must be recorded. |
| --- | --- |

(2)

The relevant fuel data must be recorded.

| (b) | In-flight fuel management.






  (1) | If, as a result of an in-flight fuel check, the calculated fuel remaining on arrival at the destination is less than the required alternate fuel plus final reserve fuel, the commander must take into account the traffic and the operational conditions prevailing at the destination aerodrome, along the diversion route to an alternate aerodrome and at the destination alternate aerodrome, in order to decide to proceed to the destination aerodrome or to divert, so as to land with not less than final reserve fuel. |
| --- | --- | --- |

(b)

In-flight fuel management.

(1)

If, as a result of an in-flight fuel check, the calculated fuel remaining on arrival at the destination is less than the required alternate fuel plus final reserve fuel, the commander must take into account the traffic and the operational conditions prevailing at the destination aerodrome, along the diversion route to an alternate aerodrome and at the destination alternate aerodrome, in order to decide to proceed to the destination aerodrome or to divert, so as to land with not less than final reserve fuel.

| (2) | On a flight to an isolated aerodrome: The last possible point of diversion to any available en-route alternate aerodrome shall be determined. Before reaching this point, the commander shall assess the fuel expected to remain overhead the isolated aerodrome, the weather conditions, and the traffic and operational conditions prevailing at the isolated aerodrome and at any of the en-route aerodromes before deciding whether to proceed to the isolated aerodrome or to divert to an en-route aerodrome. |
| --- | --- |

(2)

On a flight to an isolated aerodrome: The last possible point of diversion to any available en-route alternate aerodrome shall be determined. Before reaching this point, the commander shall assess the fuel expected to remain overhead the isolated aerodrome, the weather conditions, and the traffic and operational conditions prevailing at the isolated aerodrome and at any of the en-route aerodromes before deciding whether to proceed to the isolated aerodrome or to divert to an en-route aerodrome.

SUBPART E

ALL WEATHER OPERATIONS

OPS 1.430

Aerodrome Operating Minima — General

(See Appendix 1 to OPS 1.430)

| (a) | An operator shall establish, for each aerodrome planned to be used, aerodrome operating minima that are not lower than the values given in Appendix 1. The method of determination of such minima must be acceptable to the Authority. Such minima shall not be lower than any that may be established for such aerodromes by the State in which the aerodrome is located, except when specifically approved by that State.
  Note: The above paragraph does not prohibit in-flight calculation of minima for a non planned alternate aerodrome if carried out in accordance with an accepted method. |
| --- | --- |

(a)

An operator shall establish, for each aerodrome planned to be used, aerodrome operating minima that are not lower than the values given in Appendix 1. The method of determination of such minima must be acceptable to the Authority. Such minima shall not be lower than any that may be established for such aerodromes by the State in which the aerodrome is located, except when specifically approved by that State.

Note: The above paragraph does not prohibit in-flight calculation of minima for a non planned alternate aerodrome if carried out in accordance with an accepted method.

| (b) | In establishing the aerodrome operating minima which will apply to any particular operation, an operator must take full account of:






  (1) | The type, performance and handling characteristics of the aeroplane; |
| --- | --- | --- |

(b)

In establishing the aerodrome operating minima which will apply to any particular operation, an operator must take full account of:

(1)

The type, performance and handling characteristics of the aeroplane;

| (2) | The composition of the flight crew, their competence and experience; |
| --- | --- |

(2)

The composition of the flight crew, their competence and experience;

| (3) | The dimensions and characteristics of the runways which may be selected for use; |
| --- | --- |

(3)

The dimensions and characteristics of the runways which may be selected for use;

| (4) | The adequacy and performance of the available visual and non-visual ground aids; |
| --- | --- |

(4)

The adequacy and performance of the available visual and non-visual ground aids;

| (5) | The equipment available on the aeroplane for the purpose of navigation and/or control of the flight path, as appropriate, during the take-off, the approach, the flare, the landing, roll-out and the missed approach; |
| --- | --- |

(5)

The equipment available on the aeroplane for the purpose of navigation and/or control of the flight path, as appropriate, during the take-off, the approach, the flare, the landing, roll-out and the missed approach;

| (6) | The obstacles in the approach, missed approach and the climb-out areas required for the execution of contingency procedures and necessary clearance; |
| --- | --- |

(6)

The obstacles in the approach, missed approach and the climb-out areas required for the execution of contingency procedures and necessary clearance;

| (7) | The obstacle clearance altitude/height for the instrument approach procedures; and |
| --- | --- |

(7)

The obstacle clearance altitude/height for the instrument approach procedures; and

| (8) | The means to determine and report meteorological conditions. |
| --- | --- |

(8)

The means to determine and report meteorological conditions.

| (c) | The aeroplane categories referred to in this Subpart must be derived in accordance with the method given in Appendix 2 to OPS 1.430 (c). |
| --- | --- |

(c)

The aeroplane categories referred to in this Subpart must be derived in accordance with the method given in Appendix 2 to OPS 1.430 (c).

OPS 1.435

Terminology

Terms used in this Subpart have the following meaning:

| (1) | Circling. The visual phase of an instrument approach to bring an aircraft into position for landing on a runway which is not suitably located for a straight-in approach. |
| --- | --- |

(1)

Circling. The visual phase of an instrument approach to bring an aircraft into position for landing on a runway which is not suitably located for a straight-in approach.

| (2) | Low Visibility Procedures (LVP). Procedures applied at an aerodrome for the purpose of ensuring safe operations during Category II and III approaches and Low Visibility Take-Offs. |
| --- | --- |

(2)

Low Visibility Procedures (LVP). Procedures applied at an aerodrome for the purpose of ensuring safe operations during Category II and III approaches and Low Visibility Take-Offs.

| (3) | Low Visibility Take-Off (LVTO). A take-off where the Runway Visual Range (RVR) is less than 400 m. |
| --- | --- |

(3)

Low Visibility Take-Off (LVTO). A take-off where the Runway Visual Range (RVR) is less than 400 m.

| (4) | Flight control system. A system which includes an automatic landing system and/or a hybrid landing system. |
| --- | --- |

(4)

Flight control system. A system which includes an automatic landing system and/or a hybrid landing system.

| (5) | Fail-Passive flight control system. A flight control system is fail-passive if, in the event of a failure, there is no significant out-of-trim condition or deviation of flight path or attitude but the landing is not completed automatically. For a fail-passive automatic flight control system the pilot assumes control of the aeroplane after a failure. |
| --- | --- |

(5)

Fail-Passive flight control system. A flight control system is fail-passive if, in the event of a failure, there is no significant out-of-trim condition or deviation of flight path or attitude but the landing is not completed automatically. For a fail-passive automatic flight control system the pilot assumes control of the aeroplane after a failure.

| (6) | Fail-Operational flight control system. A flight control system is fail-operational if, in the event of a failure below alert height, the approach, flare and landing, can be completed automatically. In the event of a failure, the automatic landing system will operate as a fail-passive system. |
| --- | --- |

(6)

Fail-Operational flight control system. A flight control system is fail-operational if, in the event of a failure below alert height, the approach, flare and landing, can be completed automatically. In the event of a failure, the automatic landing system will operate as a fail-passive system.

| (7) | Fail-operational hybrid landing system A system which consists of a primary fail-passive automatic landing system and a secondary independent guidance system enabling the pilot to complete a landing manually after failure of the primary system.
  Note: A typical secondary independent guidance system consists of a monitored head-up display providing guidance which normally takes the form of command information but it may alternatively be situation (or deviation) information. |
| --- | --- |

(7)

Fail-operational hybrid landing system A system which consists of a primary fail-passive automatic landing system and a secondary independent guidance system enabling the pilot to complete a landing manually after failure of the primary system.

Note: A typical secondary independent guidance system consists of a monitored head-up display providing guidance which normally takes the form of command information but it may alternatively be situation (or deviation) information.

| (8) | Visual approach. An approach when either part or all of an instrument approach procedure is not completed and the approach is executed with visual reference to the terrain. |
| --- | --- |

(8)

Visual approach. An approach when either part or all of an instrument approach procedure is not completed and the approach is executed with visual reference to the terrain.

OPS 1.440

Low visibility operations — General operating rules

(See Appendix 1 to OPS 1.440)

| (a) | An operator shall not conduct Category II or III operations unless:






  (1) | Each aeroplane concerned is certificated for operations with decision heights below 200 ft, or no decision height, and equipped in accordance with CS-AWO on all weather operations or an equivalent accepted by the Authority; |
| --- | --- | --- |

(a)

An operator shall not conduct Category II or III operations unless:

(1)

Each aeroplane concerned is certificated for operations with decision heights below 200 ft, or no decision height, and equipped in accordance with CS-AWO on all weather operations or an equivalent accepted by the Authority;

| (2) | A suitable system for recording approach and/or automatic landing success and failure is established and maintained to monitor the overall safety of the operation; |
| --- | --- |

(2)

A suitable system for recording approach and/or automatic landing success and failure is established and maintained to monitor the overall safety of the operation;

| (3) | The operations are approved by the Authority; |
| --- | --- |

(3)

The operations are approved by the Authority;

| (4) | The flight crew consists of at least 2 pilots; and |
| --- | --- |

(4)

The flight crew consists of at least 2 pilots; and

| (5) | Decision Height is determined by means of a radio altimeter. |
| --- | --- |

(5)

Decision Height is determined by means of a radio altimeter.

| (b) | An operator shall not conduct low visibility take-offs in less than 150 m RVR (Category A, B and C aeroplanes) or 200 m RVR (Category D aeroplanes) unless approved by the Authority. |
| --- | --- |

(b)

An operator shall not conduct low visibility take-offs in less than 150 m RVR (Category A, B and C aeroplanes) or 200 m RVR (Category D aeroplanes) unless approved by the Authority.

OPS 1.445

Low visibility operations — Aerodrome considerations

| (a) | An operator shall not use an aerodrome for Category II or III operations unless the aerodrome is approved for such operations by the State in which the aerodrome is located. |
| --- | --- |

(a)

An operator shall not use an aerodrome for Category II or III operations unless the aerodrome is approved for such operations by the State in which the aerodrome is located.

| (b) | An operator shall verify that Low Visibility Procedures (LVP) have been established, and will be enforced, at those aerodromes where low visibility operations are to be conducted. |
| --- | --- |

(b)

An operator shall verify that Low Visibility Procedures (LVP) have been established, and will be enforced, at those aerodromes where low visibility operations are to be conducted.

OPS 1.450

Low visibility operations — Training and Qualifications

(See Appendix 1 to OPS 1.450)

An operator shall ensure that, prior to conducting Low Visibility Take-Off, Category II and III operations:

| (1) | Each flight crew member:






  (i) | Completes the training and checking requirements prescribed in Appendix 1 including Flight simulator training in operating to the limiting values of RVR and Decision Height appropriate to the operator's Category II/III approval; and |
| --- | --- | --- |

(1)

Each flight crew member:

(i)

Completes the training and checking requirements prescribed in Appendix 1 including Flight simulator training in operating to the limiting values of RVR and Decision Height appropriate to the operator's Category II/III approval; and

| (ii) | Is qualified in accordance with Appendix 1; |
| --- | --- |

(ii)

Is qualified in accordance with Appendix 1;

| (2) | The training and checking is conducted in accordance with a detailed syllabus approved by the Authority and included in the Operations Manual. This training is in addition to that prescribed in Subpart N; and |
| --- | --- |

(2)

The training and checking is conducted in accordance with a detailed syllabus approved by the Authority and included in the Operations Manual. This training is in addition to that prescribed in Subpart N; and

| (3) | The flight crew qualification is specific to the operation and the aeroplane type. |
| --- | --- |

(3)

The flight crew qualification is specific to the operation and the aeroplane type.

OPS 1.455

Low visibility operations — Operating Procedures

(See Appendix 1 to OPS 1.455)

| (a) | An operator must establish procedures and instructions to be used for Low Visibility Take-Off and Category II and III operations. These procedures must be included in the Operations Manual and contain the duties of flight crew members during taxiing, take-off, approach, flare, landing, roll-out and missed approach as appropriate. |
| --- | --- |

(a)

An operator must establish procedures and instructions to be used for Low Visibility Take-Off and Category II and III operations. These procedures must be included in the Operations Manual and contain the duties of flight crew members during taxiing, take-off, approach, flare, landing, roll-out and missed approach as appropriate.

| (b) | The commander shall satisfy himself/herself that:






  (1) | The status of the visual and non-visual facilities is sufficient prior to commencing a Low Visibility Take-Off or a Category II or III approach; |
| --- | --- | --- |

(b)

The commander shall satisfy himself/herself that:

(1)

The status of the visual and non-visual facilities is sufficient prior to commencing a Low Visibility Take-Off or a Category II or III approach;

| (2) | Appropriate LVPs are in force according to information received from Air Traffic Services, before commencing a Low Visibility Take-off or a Category II or III approach; and |
| --- | --- |

(2)

Appropriate LVPs are in force according to information received from Air Traffic Services, before commencing a Low Visibility Take-off or a Category II or III approach; and

| (3) | The flight crew members are properly qualified prior to commencing a Low Visibility Take-off in an RVR of less than 150 m (Category A, B and C aeroplanes) or 200 m (Cat D aeroplanes) or a Category II or III approach. |
| --- | --- |

(3)

The flight crew members are properly qualified prior to commencing a Low Visibility Take-off in an RVR of less than 150 m (Category A, B and C aeroplanes) or 200 m (Cat D aeroplanes) or a Category II or III approach.

OPS 1.460

Low visibility operations — Minimum equipment

| (a) | An operator must include in the Operations Manual the minimum equipment that has to be serviceable at the commencement of a Low Visibility Take-off or a Category II or III approach in accordance with the AFM or other approved document. |
| --- | --- |

(a)

An operator must include in the Operations Manual the minimum equipment that has to be serviceable at the commencement of a Low Visibility Take-off or a Category II or III approach in accordance with the AFM or other approved document.

| (b) | The commander shall satisfy himself/herself that the status of the aeroplane and of the relevant airborne systems is appropriate for the specific operation to be conducted. |
| --- | --- |

(b)

The commander shall satisfy himself/herself that the status of the aeroplane and of the relevant airborne systems is appropriate for the specific operation to be conducted.

OPS 1.465

VFR Operating minima

(See Appendix 1 to OPS 1.465)

An operator shall ensure that:

| (1) | VFR flights are conducted in accordance with the Visual Flight Rules and in accordance with the Table in Appendix 1 to OPS 1.465. |
| --- | --- |

(1)

VFR flights are conducted in accordance with the Visual Flight Rules and in accordance with the Table in Appendix 1 to OPS 1.465.

| (2) | Special VFR flights are not commenced when the visibility is less than 3 km and not otherwise conducted when the visibility is less than 1,5 km. |
| --- | --- |

(2)

Special VFR flights are not commenced when the visibility is less than 3 km and not otherwise conducted when the visibility is less than 1,5 km.

Appendix 1 to OPS 1.430

Aerodrome Operating Minima

| (a) | Take-off Minima






  (1) | General






  (i) | Take-off minima established by the operator must be expressed as visibility or RVR limits, taking into account all relevant factors for each aerodrome planned to be used and the aeroplane characteristics. Where there is a specific need to see and avoid obstacles on departure and/or for a forced landing, additional conditions (e.g. ceiling) must be specified. |
| --- | --- | --- | --- |

(a)

Take-off Minima

(1)

General

(i)

Take-off minima established by the operator must be expressed as visibility or RVR limits, taking into account all relevant factors for each aerodrome planned to be used and the aeroplane characteristics. Where there is a specific need to see and avoid obstacles on departure and/or for a forced landing, additional conditions (e.g. ceiling) must be specified.

| (ii) | The commander shall not commence take-off unless the weather conditions at the aerodrome of departure are equal to or better than applicable minima for landing at that aerodrome unless a suitable take-off alternate aerodrome is available. |
| --- | --- |

(ii)

The commander shall not commence take-off unless the weather conditions at the aerodrome of departure are equal to or better than applicable minima for landing at that aerodrome unless a suitable take-off alternate aerodrome is available.

| (iii) | When the reported meteorological visibility is below that required for take-off and RVR is not reported, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum. |
| --- | --- |

(iii)

When the reported meteorological visibility is below that required for take-off and RVR is not reported, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum.

| (iv) | When no reported meteorological visibility or RVR is available, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum. |
| --- | --- |

(iv)

When no reported meteorological visibility or RVR is available, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum.

| (2) | Visual reference. The take-off minima must be selected to ensure sufficient guidance to control the aeroplane in the event of both a discontinued take-off in adverse circumstances and a continued take-off after failure of the critical power unit. |
| --- | --- |

(2)

Visual reference. The take-off minima must be selected to ensure sufficient guidance to control the aeroplane in the event of both a discontinued take-off in adverse circumstances and a continued take-off after failure of the critical power unit.

| (3) | Required RVR/Visibility






  (i) | For multi-engined aeroplanes, whose performance is such that, in the event of a critical power unit failure at any point during take-off, the aeroplane can either stop or continue the take-off to a height of 1 500 ft above the aerodrome while clearing obstacles by the required margins, the take-off minima established by an operator must be expressed as RVR/Visibility values not lower than those given in Table 1 below except as provided in paragraph (4) below:
  Table 1
  RVR/Visibility for take-off






  Take-off RVR/Visibility |
| --- | --- | --- |
| Facilities | RVR/Visibility
  (Note 3) |
| Nil (Day only) | 500 m |
| Runway edge lighting and/or centreline marking | 250/300 m
  (Notes 1 & 2) |
| Runway edge and centreline lighting | 200/250 m
  (Note 1) |
| Runway edge and centreline lighting and multiple RVR information | 150/200 m
  (Notes 1 & 4) |
| Note 1: | The higher values apply to Category D aeroplanes. |

(3)

Required RVR/Visibility

(i)

For multi-engined aeroplanes, whose performance is such that, in the event of a critical power unit failure at any point during take-off, the aeroplane can either stop or continue the take-off to a height of 1 500 ft above the aerodrome while clearing obstacles by the required margins, the take-off minima established by an operator must be expressed as RVR/Visibility values not lower than those given in Table 1 below except as provided in paragraph (4) below:

Table 1

RVR/Visibility for take-off

Take-off RVR/Visibility

Facilities

RVR/Visibility

(Note 3)

Nil (Day only)

500 m

Runway edge lighting and/or centreline marking

250/300 m

(Notes 1 & 2)

Runway edge and centreline lighting

200/250 m

(Note 1)

Runway edge and centreline lighting and multiple RVR information

150/200 m

(Notes 1 & 4)

Note 1:

The higher values apply to Category D aeroplanes.

| Note 2: | For night operations at least runway edge and runway end lights are required. |
| --- | --- |

Note 2:

For night operations at least runway edge and runway end lights are required.

| Note 3: | The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment. |
| --- | --- |

Note 3:

The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment.

| Note 4: | The required RVR value must be achieved for all of the relevant RVR reporting points with the exception given in Note 3 above. |
| --- | --- |

Note 4:

The required RVR value must be achieved for all of the relevant RVR reporting points with the exception given in Note 3 above.

| (ii) | For multi-engined aeroplanes whose performance is such that they cannot comply with the performance conditions in sub-paragraph (a)(3)(i) above in the event of a critical power unit failure, there may be a need to re-land immediately and to see and avoid obstacles in the take-off area. Such aeroplanes may be operated to the following take-off minima provided they are able to comply with the applicable obstacle clearance criteria, assuming engine failure at the height specified. The take-off minima established by an operator must be based upon the height from which the one engine inoperative net take-off flight path can be constructed. The RVR minima used may not be lower than either of the values given in Table 1 above or Table 2 below.
  Table 2
  Assumed engine failure height above the runway versus RVR/Visibility






  Take-off RVR/Visibility — flight path |
| --- | --- |
| Assumed engine failure height above the take-off runway | RVR/Visibility
  (Note 2) |
| < 50 ft | 200 m |
| 51-100 ft | 300 m |
| 101-150 ft | 400 m |
| 151-200 ft | 500 m |
| 201-300 ft | 1 000 m |
| > 300 ft | 1 500 m (Note 1) |
| Note 1: | 1 500 m is also applicable if no positive take-off flight path can be constructed. |

(ii)

For multi-engined aeroplanes whose performance is such that they cannot comply with the performance conditions in sub-paragraph (a)(3)(i) above in the event of a critical power unit failure, there may be a need to re-land immediately and to see and avoid obstacles in the take-off area. Such aeroplanes may be operated to the following take-off minima provided they are able to comply with the applicable obstacle clearance criteria, assuming engine failure at the height specified. The take-off minima established by an operator must be based upon the height from which the one engine inoperative net take-off flight path can be constructed. The RVR minima used may not be lower than either of the values given in Table 1 above or Table 2 below.

Table 2

Assumed engine failure height above the runway versus RVR/Visibility

Take-off RVR/Visibility — flight path

Assumed engine failure height above the take-off runway

RVR/Visibility

(Note 2)

< 50 ft

200 m

51-100 ft

300 m

101-150 ft

400 m

151-200 ft

500 m

201-300 ft

1 000 m

> 300 ft

1 500 m (Note 1)

Note 1:

1 500 m is also applicable if no positive take-off flight path can be constructed.

| Note 2: | The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment. |
| --- | --- |

Note 2:

The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment.

| (iii) | When reported RVR, or meteorological visibility is not available, the commander shall not commence take-off unless he/she can determine that the actual conditions satisfy the applicable take-off minima. |
| --- | --- |

(iii)

When reported RVR, or meteorological visibility is not available, the commander shall not commence take-off unless he/she can determine that the actual conditions satisfy the applicable take-off minima.

| (4) | Exceptions to paragraph (a)(3)(i) above:






  (i) | Subject to the approval of the Authority, and provided the requirements in paragraphs (A) to (E) below have been satisfied, an operator may reduce the take-off minima to 125 m RVR (Category A, B and C aeroplanes) or 150 m RVR (Category D aeroplanes) when:






  (A) | Low Visibility Procedures are in force; |
| --- | --- | --- | --- |

(4)

Exceptions to paragraph (a)(3)(i) above:

(i)

Subject to the approval of the Authority, and provided the requirements in paragraphs (A) to (E) below have been satisfied, an operator may reduce the take-off minima to 125 m RVR (Category A, B and C aeroplanes) or 150 m RVR (Category D aeroplanes) when:

(A)

Low Visibility Procedures are in force;

| (B) | High intensity runway centreline lights spaced 15 m or less and high intensity edge lights spaced 60 m or less are in operation; |
| --- | --- |

(B)

High intensity runway centreline lights spaced 15 m or less and high intensity edge lights spaced 60 m or less are in operation;

| (C) | Flight crew members have satisfactorily completed training in a Flight Simulator; |
| --- | --- |

(C)

Flight crew members have satisfactorily completed training in a Flight Simulator;

| (D) | A 90 m visual segment is available from the cockpit at the start of the take-off run; and |
| --- | --- |

(D)

A 90 m visual segment is available from the cockpit at the start of the take-off run; and

| (E) | The required RVR value has been achieved for all of the relevant RVR reporting points. |
| --- | --- |

(E)

The required RVR value has been achieved for all of the relevant RVR reporting points.

| (ii) | Subject to the approval of the Authority, an operator of an aeroplane using an approved lateral guidance system for take-off may reduce the take-off minima to an RVR less than 125 m (Category A, B and C aeroplanes) or 150 m (Category D aeroplanes) but not lower than 75 m provided runway protection and facilities equivalent to Category III landing operations are available. |
| --- | --- |

(ii)

Subject to the approval of the Authority, an operator of an aeroplane using an approved lateral guidance system for take-off may reduce the take-off minima to an RVR less than 125 m (Category A, B and C aeroplanes) or 150 m (Category D aeroplanes) but not lower than 75 m provided runway protection and facilities equivalent to Category III landing operations are available.

| (b) | Non-Precision approach






  (1) | System minima






  (i) | An operator must ensure that system minima for non-precision approach procedures, which are based upon the use of ILS without glide path (LLZ only), VOR, NDB, SRA and VDF are not lower than the MDH values given in Table 3 below.
  Table 3
  System minima for non-precision approach aids






  System minima |
| --- | --- | --- | --- |
| Facility | Lowest MDH |
| ILS (no glide path — LLZ) | 250 ft |
| SRA (terminating at

  NM) | 250 ft |
| SRA (terminating at 1 NM) | 300 ft |
| SRA (terminating at 2 NM) | 350 ft |
| VOR | 300 ft |
| VOR/DME | 250 ft |
| NDB | 300 ft |
| VDF (QDM & QGH) | 300 ft |
| SRA (terminating at

  NM) | 250 ft |

(b)

Non-Precision approach

(1)

System minima

(i)

An operator must ensure that system minima for non-precision approach procedures, which are based upon the use of ILS without glide path (LLZ only), VOR, NDB, SRA and VDF are not lower than the MDH values given in Table 3 below.

Table 3

System minima for non-precision approach aids

System minima

Facility

Lowest MDH

ILS (no glide path — LLZ)

250 ft

Formula

250 ft

SRA (terminating at 1 NM)

300 ft

SRA (terminating at 2 NM)

350 ft

VOR

300 ft

VOR/DME

250 ft

NDB

300 ft

VDF (QDM & QGH)

300 ft

Formula

250 ft

| (2) | Minimum Descent Height. An operator must ensure that the minimum descent height for a non-precision approach is not lower than either:






  (i) | The OCH/OCL for the category of aeroplane; or |
| --- | --- | --- |

(2)

Minimum Descent Height. An operator must ensure that the minimum descent height for a non-precision approach is not lower than either:

(i)

The OCH/OCL for the category of aeroplane; or

| (ii) | The system minimum. |
| --- | --- |

(ii)

The system minimum.

| (3) | Visual Reference. A pilot may not continue an approach below MDA/MDH unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:






  (i) | Elements of the approach light system; |
| --- | --- | --- |

(3)

Visual Reference. A pilot may not continue an approach below MDA/MDH unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:

(i)

Elements of the approach light system;

| (ii) | The threshold; |
| --- | --- |

(ii)

The threshold;

| (iii) | The threshold markings; |
| --- | --- |

(iii)

The threshold markings;

| (iv) | The threshold lights; |
| --- | --- |

(iv)

The threshold lights;

| (v) | The threshold identification lights; |
| --- | --- |

(v)

The threshold identification lights;

| (vi) | The visual glide slope indicator; |
| --- | --- |

(vi)

The visual glide slope indicator;

| (vii) | The touchdown zone or touchdown zone markings; |
| --- | --- |

(vii)

The touchdown zone or touchdown zone markings;

| (viii) | The touchdown zone lights; |
| --- | --- |

(viii)

The touchdown zone lights;

| (ix) | Runway edge lights; or |
| --- | --- |

(ix)

Runway edge lights; or

| (x) | Other visual references accepted by the Authority. |
| --- | --- |

(x)

Other visual references accepted by the Authority.

| (4) | Required RVR. The lowest minima to be used by an operator for non-precision approaches are:
  Table 4a
  RVR for non-precision approach — full facilities









  Non-precision approach minima
  Full facilities (Notes (1), (5), (6) and (7)) |
| --- | --- |
| MDH | RVR/Aeroplane Category |
| A | B | C | D |
| 250-299 ft | 800 m | 800 m | 800 m | 1 200 m |
| 300-449 ft | 900 m | 1 000 m | 1 000 m | 1 400 m |
| 450-649 ft | 1 000 m | 1 200 m | 1 200 m | 1 600 m |
| 650 ft and above | 1 200 m | 1 400 m | 1 400 m | 1 800 m |

(4)

Required RVR. The lowest minima to be used by an operator for non-precision approaches are:

Table 4a

RVR for non-precision approach — full facilities

Non-precision approach minima

Full facilities (Notes (1), (5), (6) and (7))

MDH

RVR/Aeroplane Category

A

B

C

D

250-299 ft

800 m

800 m

800 m

1 200 m

300-449 ft

900 m

1 000 m

1 000 m

1 400 m

450-649 ft

1 000 m

1 200 m

1 200 m

1 600 m

650 ft and above

1 200 m

1 400 m

1 400 m

1 800 m

Table 4b

RVR for non-precision approach — intermediate facilities

| Non-precision approach minima
  Intermediate facilities (Notes (2), (5), (6) and (7)) |
| --- |
| MDH | RVR/Aeroplane Category |
| A | B | C | D |
| 250-299 ft | 1 000 m | 1 100 m | 1 200 m | 1 400 m |
| 300-449 ft | 1 200 m | 1 300 m | 1 400 m | 1 600 m |
| 450-649 ft | 1 400 m | 1 500 m | 1 600 m | 1 800 m |
| 650 ft and above | 1 500 m | 1 500 m | 1 800 m | 2 000 m |

Non-precision approach minima

Intermediate facilities (Notes (2), (5), (6) and (7))

MDH

RVR/Aeroplane Category

A

B

C

D

250-299 ft

1 000 m

1 100 m

1 200 m

1 400 m

300-449 ft

1 200 m

1 300 m

1 400 m

1 600 m

450-649 ft

1 400 m

1 500 m

1 600 m

1 800 m

650 ft and above

1 500 m

1 500 m

1 800 m

2 000 m

Table 4c

RVR for non-precision approach — basic facilities

| Non-precision approach minima
  Basic facilities (Notes (3), (5), (6) and (7)) |
| --- |
| MDH | RVR/Aeroplane Category |
| A | B | C | D |
| 250-299 ft | 1 200 m | 1 300 m | 1 400 m | 1 600 m |
| 300-449 ft | 1 300 m | 1 400 m | 1 600 m | 1 800 m |
| 450-649 ft | 1 500 m | 1 500 m | 1 800 m | 2 000 m |
| 650 ft and above | 1 500 m | 1 500 m | 2 000 m | 2 000 m |

Non-precision approach minima

Basic facilities (Notes (3), (5), (6) and (7))

MDH

RVR/Aeroplane Category

A

B

C

D

250-299 ft

1 200 m

1 300 m

1 400 m

1 600 m

300-449 ft

1 300 m

1 400 m

1 600 m

1 800 m

450-649 ft

1 500 m

1 500 m

1 800 m

2 000 m

650 ft and above

1 500 m

1 500 m

2 000 m

2 000 m

Table 4d

RVR for non-precision approach — Nil approach light facilities

| Non-precision approach minima
  Nil approach light facilities (Notes (4), (5), (6) and (7)) |
| --- |
| MDH | RVR/Aeroplane Category |
| A | B | C | D |
| 250-299 ft | 1 000 m | 1 500 m | 1 600 m | 1 800 m |
| 300-449 ft | 1 500 m | 1 500 m | 1 800 m | 2 000 m |
| 450-649 ft | 1 500 m | 1 500 m | 2 000 m | 2 000 m |
| 650 ft and above | 1 500 m | 1 500 m | 2 000 m | 2 000 m |
| Note 1: | Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |

Non-precision approach minima

Nil approach light facilities (Notes (4), (5), (6) and (7))

MDH

RVR/Aeroplane Category

A

B

C

D

250-299 ft

1 000 m

1 500 m

1 600 m

1 800 m

300-449 ft

1 500 m

1 500 m

1 800 m

2 000 m

450-649 ft

1 500 m

1 500 m

2 000 m

2 000 m

650 ft and above

1 500 m

1 500 m

2 000 m

2 000 m

Note 1:

Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 2: | Intermediate facilities comprise runway markings, 420-719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |
| --- | --- |

Note 2:

Intermediate facilities comprise runway markings, 420-719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 3: | Basic facilities comprise runway markings, < 420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |
| --- | --- |

Note 3:

Basic facilities comprise runway markings, < 420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 4: | Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all. |
| --- | --- |

Note 4:

Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all.

| Note 5: | The tables are only applicable to conventional approaches with a nominal descent slope of not greater than 4°. Greater descent slopes will usually require that visual glide slope guidance (e.g. PAPI) is also visible at the Minimum Descent Height. |
| --- | --- |

Note 5:

The tables are only applicable to conventional approaches with a nominal descent slope of not greater than 4°. Greater descent slopes will usually require that visual glide slope guidance (e.g. PAPI) is also visible at the Minimum Descent Height.

| Note 6: | The above figures are either reported RVR or meteorological visibility converted to RVR as in sub-paragraph (h) below. |
| --- | --- |

Note 6:

The above figures are either reported RVR or meteorological visibility converted to RVR as in sub-paragraph (h) below.

| Note 7: | The MDH mentioned in Table 4a, 4b, 4c and 4d refers to the initial calculation of MDH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest ten feet, which may be done for operational purposes, e.g. conversion to MDA. |
| --- | --- |

Note 7:

The MDH mentioned in Table 4a, 4b, 4c and 4d refers to the initial calculation of MDH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest ten feet, which may be done for operational purposes, e.g. conversion to MDA.

| (5) | Night operations. For night operations at least runway edge, threshold and runway end lights must be on. |
| --- | --- |

(5)

Night operations. For night operations at least runway edge, threshold and runway end lights must be on.

| (c) | Precision approach — Category I operations






  (1) | General. A Category I operation is a precision instrument approach and landing using ILS, MLS or PAR with a decision height not lower than 200 ft and with a runway visual range not less than 550 m. |
| --- | --- | --- |

(c)

Precision approach — Category I operations

(1)

General. A Category I operation is a precision instrument approach and landing using ILS, MLS or PAR with a decision height not lower than 200 ft and with a runway visual range not less than 550 m.

| (2) | Decision Height. An operator must ensure that the decision height to be used for a Category I precision approach is not lower than:






  (i) | The minimum decision height specified in the Aeroplane Flight Manual (AFM) if stated; |
| --- | --- | --- |

(2)

Decision Height. An operator must ensure that the decision height to be used for a Category I precision approach is not lower than:

(i)

The minimum decision height specified in the Aeroplane Flight Manual (AFM) if stated;

| (ii) | The minimum height to which the precision approach aid can be used without the required visual reference; |
| --- | --- |

(ii)

The minimum height to which the precision approach aid can be used without the required visual reference;

| (iii) | The OCH/OCL for the category of aeroplane; or |
| --- | --- |

(iii)

The OCH/OCL for the category of aeroplane; or

| (iv) | 200 ft. |
| --- | --- |

(iv)

200 ft.

| (3) | Visual Reference. A pilot may not continue an approach below the Category I decision height, determined in accordance with sub-paragraph (c)(2) above, unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:






  (i) | Elements of the approach light system; |
| --- | --- | --- |

(3)

Visual Reference. A pilot may not continue an approach below the Category I decision height, determined in accordance with sub-paragraph (c)(2) above, unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:

(i)

Elements of the approach light system;

| (ii) | The threshold; |
| --- | --- |

(ii)

The threshold;

| (iii) | The threshold markings; |
| --- | --- |

(iii)

The threshold markings;

| (iv) | The threshold lights; |
| --- | --- |

(iv)

The threshold lights;

| (v) | The threshold identification lights; |
| --- | --- |

(v)

The threshold identification lights;

| (vi) | The visual glide slope indicator; |
| --- | --- |

(vi)

The visual glide slope indicator;

| (vii) | The touchdown zone or touchdown zone markings; |
| --- | --- |

(vii)

The touchdown zone or touchdown zone markings;

| (viii) | The touchdown zone lights; or |
| --- | --- |

(viii)

The touchdown zone lights; or

| (ix) | Runway edge lights. |
| --- | --- |

(ix)

Runway edge lights.

| (4) | Required RVR. The lowest minima to be used by an operator for Category I operations are:
  Table 5
  RVR for Cat I approach vs. facilities and DH









  Category I minima |
| --- | --- |
| Decision height (Note 7) | Facilities/RVR (Note 5) |
| Full
  (Notes 1 & 6) | Interm
  (Notes 2 & 6) | Basic
  (Notes 3 & 6) | Nil
  (Notes 4 & 6) |
| 200 ft | 550 m | 700 m | 800 m | 1 000 m |
| 201-250 ft | 600 m | 700 m | 800 m | 1 000 m |
| 251-300 ft | 650 m | 800 m | 900 m | 1 200 m |
| 301 ft and above | 800 m | 900 m | 1 000 m | 1 200 m |
| Note 1: | Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |

(4)

Required RVR. The lowest minima to be used by an operator for Category I operations are:

Table 5

RVR for Cat I approach vs. facilities and DH

Category I minima

Decision height (Note 7)

Facilities/RVR (Note 5)

Full

(Notes 1 & 6)

Interm

(Notes 2 & 6)

Basic

(Notes 3 & 6)

Nil

(Notes 4 & 6)

200 ft

550 m

700 m

800 m

1 000 m

201-250 ft

600 m

700 m

800 m

1 000 m

251-300 ft

650 m

800 m

900 m

1 200 m

301 ft and above

800 m

900 m

1 000 m

1 200 m

Note 1:

Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 2: | Intermediate facilities comprise runway markings, 420-719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |
| --- | --- |

Note 2:

Intermediate facilities comprise runway markings, 420-719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 3: | Basic facilities comprise runway markings, < 420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on. |
| --- | --- |

Note 3:

Basic facilities comprise runway markings, < 420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

| Note 4: | Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all. |
| --- | --- |

Note 4:

Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all.

| Note 5: | The above figures are either the reported RVR or meteorological visibility converted to RVR in accordance with paragraph (h). |
| --- | --- |

Note 5:

The above figures are either the reported RVR or meteorological visibility converted to RVR in accordance with paragraph (h).

| Note 6: | The Table is applicable to conventional approaches with a glide slope angle up to and including 4° (degree). |
| --- | --- |

Note 6:

The Table is applicable to conventional approaches with a glide slope angle up to and including 4° (degree).

| Note 7: | The DH mentioned in the Table 5 refers to the initial calculation of DH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest ten feet, which may be done for operational purposes, (e.g. conversion to DA). |
| --- | --- |

Note 7:

The DH mentioned in the Table 5 refers to the initial calculation of DH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest ten feet, which may be done for operational purposes, (e.g. conversion to DA).

| (5) | Single pilot operations. For single pilot operations, an operator must calculate the minimum RVR for all approaches in accordance with OPS 1.430 and this Appendix. An RVR of less than 800 m is not permitted except when using a suitable autopilot coupled to an ILS or MLS, in which case normal minima apply. The Decision Height applied must not be less than 1,25 × the minimum use height for the autopilot. |
| --- | --- |

(5)

Single pilot operations. For single pilot operations, an operator must calculate the minimum RVR for all approaches in accordance with OPS 1.430 and this Appendix. An RVR of less than 800 m is not permitted except when using a suitable autopilot coupled to an ILS or MLS, in which case normal minima apply. The Decision Height applied must not be less than 1,25 × the minimum use height for the autopilot.

| (6) | Night operations. For night operations at least runway edge, threshold and runway end lights must be on. |
| --- | --- |

(6)

Night operations. For night operations at least runway edge, threshold and runway end lights must be on.

| (d) | Precision approach — Category II operations






  (1) | General. A Category II operation is a precision instrument approach and landing using ILS or MLS with:






  (i) | A decision height below 200 ft but not lower than 100 ft; and |
| --- | --- | --- | --- |

(d)

Precision approach — Category II operations

(1)

General. A Category II operation is a precision instrument approach and landing using ILS or MLS with:

(i)

A decision height below 200 ft but not lower than 100 ft; and

| (ii) | A runway visual range of not less than 300 m. |
| --- | --- |

(ii)

A runway visual range of not less than 300 m.

| (2) | Decision Height. An operator must ensure that the decision height for a Category II operation is not lower than:






  (i) | The minimum decision height specified in the AFM, if stated; |
| --- | --- | --- |

(2)

Decision Height. An operator must ensure that the decision height for a Category II operation is not lower than:

(i)

The minimum decision height specified in the AFM, if stated;

| (ii) | The minimum height to which the precision approach aid can be used without the required visual reference; |
| --- | --- |

(ii)

The minimum height to which the precision approach aid can be used without the required visual reference;

| (iii) | The OCH/OCL for the category of aeroplane; |
| --- | --- |

(iii)

The OCH/OCL for the category of aeroplane;

| (iv) | The decision height to which the flight crew is authorised to operate; or |
| --- | --- |

(iv)

The decision height to which the flight crew is authorised to operate; or

| (v) | 100 ft. |
| --- | --- |

(v)

100 ft.

| (3) | Visual reference. A pilot may not continue an approach below the Category II decision height determined in accordance with sub-paragraph (d)(2) above unless visual reference containing a segment of at least 3 consecutive lights being the centre line of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained. This visual reference must include a lateral element of the ground pattern, i.e. an approach lighting crossbar or the landing threshold or a barette of the touchdown zone lighting. |
| --- | --- |

(3)

Visual reference. A pilot may not continue an approach below the Category II decision height determined in accordance with sub-paragraph (d)(2) above unless visual reference containing a segment of at least 3 consecutive lights being the centre line of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained. This visual reference must include a lateral element of the ground pattern, i.e. an approach lighting crossbar or the landing threshold or a barette of the touchdown zone lighting.

| (4) | Required RVR. The lowest minima to be used by an operator for Category II operations are:
  Table 6
  RVR for Cat II approach vs DH







  Category II minima |
| --- | --- |
| Decision height | Auto-coupled to below DH (see Note 1) |
| RVR/Aeroplane Category A, B & C | RVR/Aeroplane Category D |
| 100 ft-120 ft | 300 m | 300 m
  (Note 2)/350 m |
| 121 ft-140 ft | 400 m | 400 m |
| 141 ft and above | 450 m | 450 m |
| Note 1: | The reference to “auto-coupled to below DH” in this table means continued use of the automatic flight control system down to a height which is not greater than 80 % of the applicable DH. Thus airworthiness requirements may, through minimum engagement height for the automatic flight control system, affect the DH to be applied. |

(4)

Required RVR. The lowest minima to be used by an operator for Category II operations are:

Table 6

RVR for Cat II approach vs DH

Category II minima

Decision height

Auto-coupled to below DH (see Note 1)

RVR/Aeroplane Category A, B & C

RVR/Aeroplane Category D

100 ft-120 ft

300 m

300 m

(Note 2)/350 m

121 ft-140 ft

400 m

400 m

141 ft and above

450 m

450 m

Note 1:

The reference to “auto-coupled to below DH” in this table means continued use of the automatic flight control system down to a height which is not greater than 80 % of the applicable DH. Thus airworthiness requirements may, through minimum engagement height for the automatic flight control system, affect the DH to be applied.

| Note 2: | 300 m may be used for a Category D aeroplane conducting an auto land. |
| --- | --- |

Note 2:

300 m may be used for a Category D aeroplane conducting an auto land.

| (e) | Precision approach — Category III operations






  (1) | General. Category III operations are subdivided as follows:






  (i) | Category III A operations. A precision instrument approach and landing using ILS or MLS with:






  (A) | A decision height lower than 100 ft; and |
| --- | --- | --- | --- | --- |

(e)

Precision approach — Category III operations

(1)

General. Category III operations are subdivided as follows:

(i)

Category III A operations. A precision instrument approach and landing using ILS or MLS with:

(A)

A decision height lower than 100 ft; and

| (B) | A runway visual range not less than 200 m. |
| --- | --- |

(B)

A runway visual range not less than 200 m.

| (ii) | Category III B operations. A precision instrument approach and landing using ILS or MLS with:






  (A) | A decision height lower than 50 ft, or no decision height; and |
| --- | --- | --- |

(ii)

Category III B operations. A precision instrument approach and landing using ILS or MLS with:

(A)

A decision height lower than 50 ft, or no decision height; and

| (B) | A runway visual range lower than 200 m but not less than 75 m. |
| --- | --- |

(B)

A runway visual range lower than 200 m but not less than 75 m.

Note:Where the decision height (DH) and runway visual range (RVR) do not fall within the same category, the RVR will determine in which category the operation is to be considered.

| (2) | Decision Height. For operations in which a decision height is used, an operator must ensure that the decision height is not lower than:






  (i) | The minimum decision height specified in the AFM, if stated; |
| --- | --- | --- |

(2)

Decision Height. For operations in which a decision height is used, an operator must ensure that the decision height is not lower than:

(i)

The minimum decision height specified in the AFM, if stated;

| (ii) | The minimum height to which the precision approach aid can be used without the required visual reference; or |
| --- | --- |

(ii)

The minimum height to which the precision approach aid can be used without the required visual reference; or

| (iii) | The decision height to which the flight crew is authorised to operate. |
| --- | --- |

(iii)

The decision height to which the flight crew is authorised to operate.

| (3) | No Decision Height Operations. Operations with no decision height may only be conducted if:






  (i) | The operation with no decision height is authorised in the AFM; |
| --- | --- | --- |

(3)

No Decision Height Operations. Operations with no decision height may only be conducted if:

(i)

The operation with no decision height is authorised in the AFM;

| (ii) | The approach aid and the aerodrome facilities can support operations with no decision height; and |
| --- | --- |

(ii)

The approach aid and the aerodrome facilities can support operations with no decision height; and

| (iii) | The operator has an approval for CAT III operations with no decision height. |
| --- | --- |

(iii)

The operator has an approval for CAT III operations with no decision height.

Note: In the case of a CAT III runway it may be assumed that operations with no decision height can be supported unless specifically restricted as published in the AIP or NOTAM.

| (4) | Visual reference






  (i) | For Category IIIA operations, and for category IIIB operations with fail-passive flight control systems, a pilot may not continue an approach below the decision height determined in accordance with sub-paragraph (e)(2) above unless a visual reference containing a segment of at least 3 consecutive lights being the centreline of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained. |
| --- | --- | --- |

(4)

Visual reference

(i)

For Category IIIA operations, and for category IIIB operations with fail-passive flight control systems, a pilot may not continue an approach below the decision height determined in accordance with sub-paragraph (e)(2) above unless a visual reference containing a segment of at least 3 consecutive lights being the centreline of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained.

| (ii) | For Category IIIB operations with fail-operational flight control systems using a decision height, a pilot may not continue an approach below the Decision Height, determined in accordance with sub-paragraph (e)(2) above, unless a visual reference containing at least one centreline light is attained and can be maintained. |
| --- | --- |

(ii)

For Category IIIB operations with fail-operational flight control systems using a decision height, a pilot may not continue an approach below the Decision Height, determined in accordance with sub-paragraph (e)(2) above, unless a visual reference containing at least one centreline light is attained and can be maintained.

| (iii) | For Category III operations with no decision height there is no requirement for visual contact with the runway prior to touchdown. |
| --- | --- |

(iii)

For Category III operations with no decision height there is no requirement for visual contact with the runway prior to touchdown.

| (5) | Required RVR. The lowest minima to be used by an operator for Category III operations are:
  Table 7
  RVR for Cat III approach vs. DH and roll-out control/guidance system








  Category III minima |
| --- | --- |
| Approach Category | Decision Height (ft) (Note 2) | Roll-out Control/Guidance System | RVR (m) |
| III A | Less than 100 ft | Not required | 200 m |
| III B | Less than 100 ft | Fail-passive | 150 m
  (Note 1) |
| III B | Less than 50 ft | Fail-passive | 125 m |
| III B | Less than 50 ft or no Decision Height | Fail-operational | 75 m |
| Note 1: | For aeroplanes certificated in accordance with CS-AWO on all weather operations 321(b)(3). |

(5)

Required RVR. The lowest minima to be used by an operator for Category III operations are:

Table 7

RVR for Cat III approach vs. DH and roll-out control/guidance system

Category III minima

Approach Category

Decision Height (ft) (Note 2)

Roll-out Control/Guidance System

RVR (m)

III A

Less than 100 ft

Not required

200 m

III B

Less than 100 ft

Fail-passive

150 m

(Note 1)

III B

Less than 50 ft

Fail-passive

125 m

III B

Less than 50 ft or no Decision Height

Fail-operational

75 m

Note 1:

For aeroplanes certificated in accordance with CS-AWO on all weather operations 321(b)(3).

| Note 2: | Flight control system redundancy is determined under CS-AWO on all weather operations by the minimum certificated decision height. |
| --- | --- |

Note 2:

Flight control system redundancy is determined under CS-AWO on all weather operations by the minimum certificated decision height.

| (f) | Circling






  (1) | The lowest minima to be used by an operator for circling are:
  Table 8
  Visibility and MDH for circling vs. aeroplane category | Aeroplane Category |
| --- | --- | --- | --- |
| A | B | C | D |
| MDH | 400 ft | 500 ft | 600 ft | 700 ft |
| Minimum meteorological visibility | 1 500 m | 1 600 m | 2 400 m | 3 600 m |

(f)

Circling

(1)

The lowest minima to be used by an operator for circling are:

Table 8

Visibility and MDH for circling vs. aeroplane category

Aeroplane Category

A

B

C

D

MDH

400 ft

500 ft

600 ft

700 ft

Minimum meteorological visibility

1 500 m

1 600 m

2 400 m

3 600 m

| (2) | Circling with prescribed tracks is an accepted procedure within the meaning of this paragraph |
| --- | --- |

(2)

Circling with prescribed tracks is an accepted procedure within the meaning of this paragraph

| (g) | Visual Approach. An operator shall not use an RVR of less than 800 m for a visual approach. |
| --- | --- |

(g)

Visual Approach. An operator shall not use an RVR of less than 800 m for a visual approach.

| (h) | Conversion of Reported Meteorological Visibility to RVR






  (1) | An operator must ensure that a meteorological visibility to RVR conversion is not used for calculating take-off minima, Category II or III minima or when a reported RVR is available.
  Note: If the RVR is reported as being above the maximum value assessed by the aerodrome operator, e.g. “RVR more than 1 500 metres”, it is not considered to be a reported RVR in this context and the Conversion Table may be used. |
| --- | --- | --- |

(h)

Conversion of Reported Meteorological Visibility to RVR

(1)

An operator must ensure that a meteorological visibility to RVR conversion is not used for calculating take-off minima, Category II or III minima or when a reported RVR is available.

Note: If the RVR is reported as being above the maximum value assessed by the aerodrome operator, e.g. “RVR more than 1 500 metres”, it is not considered to be a reported RVR in this context and the Conversion Table may be used.

| (2) | When converting meteorological visibility to RVR in all other circumstances than those in sub-paragraph (h)(1) above, an operator must ensure that the following Table is used:
  Table 9
  Conversion of visibility to RVR







  Lighting elements in operation | RVR = Reported Met. Visibility × |
| --- | --- | --- |
| Day | Night |
| HI approach and runway lighting | 1,5 | 2,0 |
| Any type of lighting installation other than above | 1,0 | 1,5 |
| No lighting | 1,0 | Not applicable |

(2)

When converting meteorological visibility to RVR in all other circumstances than those in sub-paragraph (h)(1) above, an operator must ensure that the following Table is used:

Table 9

Conversion of visibility to RVR

Lighting elements in operation

RVR = Reported Met. Visibility ×

Day

Night

HI approach and runway lighting

1,5

2,0

Any type of lighting installation other than above

1,0

1,5

No lighting

1,0

Not applicable

Appendix 2 to OPS 1.430 (c)

Aeroplane categories — All Weather Operations

| (a) | Classification of aeroplanes
  The criteria taken into consideration for the classification of aeroplanes by categories is the indicated airspeed at threshold (VAT) which is equal to the stalling speed (VSO) multiplied by 1,3 or VS1G multiplied by 1,23 in the landing configuration at the maximum certificated landing mass. If both VSO and VS1G are available, the higher resulting VAT shall be used. The aeroplane categories corresponding to VAT values are in the Table below:






  Aeroplane Category | VAT |
| --- | --- | --- |
| A | Less than 91 kt |
| B | From 91 to 120 kt |
| C | From 121 to 140 kt |
| D | From 141 to 165 kt |
| E | From 166 to 210 kt |

(a)

Classification of aeroplanes

The criteria taken into consideration for the classification of aeroplanes by categories is the indicated airspeed at threshold (VAT) which is equal to the stalling speed (VSO) multiplied by 1,3 or VS1G multiplied by 1,23 in the landing configuration at the maximum certificated landing mass. If both VSO and VS1G are available, the higher resulting VAT shall be used. The aeroplane categories corresponding to VAT values are in the Table below:

Aeroplane Category

VAT

A

Less than 91 kt

B

From 91 to 120 kt

C

From 121 to 140 kt

D

From 141 to 165 kt

E

From 166 to 210 kt

The landing configuration which is to be taken into consideration shall be defined by the operator or by the aeroplane manufacturer.

| (b) | Permanent change of category (maximum landing mass)






  (1) | An operator may impose a permanent, lower, landing mass, and use this mass for determining the VAT if approved by the Authority. |
| --- | --- | --- |

(b)

Permanent change of category (maximum landing mass)

(1)

An operator may impose a permanent, lower, landing mass, and use this mass for determining the VAT if approved by the Authority.

| (2) | The category defined for a given aeroplane shall be a permanent value and thus independent of the changing conditions of day-to-day operations. |
| --- | --- |

(2)

The category defined for a given aeroplane shall be a permanent value and thus independent of the changing conditions of day-to-day operations.

Appendix 1 to OPS 1.440

Low Visibility Operations — General Operating Rules

| (a) | General. The following procedures apply to the introduction and approval of low visibility operations. |
| --- | --- |

(a)

General. The following procedures apply to the introduction and approval of low visibility operations.

| (b) | Operational Demonstration. The purpose of the operational demonstration is to determine or validate the use and effectiveness of the applicable aircraft flight guidance systems, training, flight crew procedures, maintenance programme, and manuals applicable to the Category II/III programme being approved.






  (1) | At least 30 approaches and landings must be accomplished in operations using the Category II/III systems installed in each aircraft type if the requested DH is 50 ft or higher. If the DH is less than 50 ft, at least 100 approaches and landings will need to be accomplished unless otherwise approved by the Authority. |
| --- | --- | --- |

(b)

Operational Demonstration. The purpose of the operational demonstration is to determine or validate the use and effectiveness of the applicable aircraft flight guidance systems, training, flight crew procedures, maintenance programme, and manuals applicable to the Category II/III programme being approved.

(1)

At least 30 approaches and landings must be accomplished in operations using the Category II/III systems installed in each aircraft type if the requested DH is 50 ft or higher. If the DH is less than 50 ft, at least 100 approaches and landings will need to be accomplished unless otherwise approved by the Authority.

| (2) | If an operator has different variants of the same type of aircraft utilising the same basic flight control and display systems, or different basic flight control and display systems on the same type of aircraft, the operator must show that the various variants have satisfactory performance, but the operator need not conduct a full operational demonstration for each variant. The Authority may also accept a reduction of the number of approach and landings based on credit given for the experience gained by another operator with an AOC issued in accordance with OPS 1 using the same aeroplane type or variant and procedures. |
| --- | --- |

(2)

If an operator has different variants of the same type of aircraft utilising the same basic flight control and display systems, or different basic flight control and display systems on the same type of aircraft, the operator must show that the various variants have satisfactory performance, but the operator need not conduct a full operational demonstration for each variant. The Authority may also accept a reduction of the number of approach and landings based on credit given for the experience gained by another operator with an AOC issued in accordance with OPS 1 using the same aeroplane type or variant and procedures.

| (3) | If the number of unsuccessful approaches exceeds 5 % of the total (e.g. unsatisfactory landings, system disconnects) the evaluation programme must be extended in steps of at least 10 approaches and landings until the overall failure rate does not exceed 5 %. |
| --- | --- |

(3)

If the number of unsuccessful approaches exceeds 5 % of the total (e.g. unsatisfactory landings, system disconnects) the evaluation programme must be extended in steps of at least 10 approaches and landings until the overall failure rate does not exceed 5 %.

| (c) | Data Collection For Operational Demonstrations. Each applicant must develop a data collection method (e.g. a form to be used by the flight crew) to record approach and landing performance. The resulting data and a summary of the demonstration data shall be made available to the Authority for evaluation. |
| --- | --- |

(c)

Data Collection For Operational Demonstrations. Each applicant must develop a data collection method (e.g. a form to be used by the flight crew) to record approach and landing performance. The resulting data and a summary of the demonstration data shall be made available to the Authority for evaluation.

| (d) | Data Analysis. Unsatisfactory approaches and/or automatic landings shall be documented and analysed. |
| --- | --- |

(d)

Data Analysis. Unsatisfactory approaches and/or automatic landings shall be documented and analysed.

| (e) | Continuous Monitoring






  (1) | After obtaining the initial authorisation, the operations must be continuously monitored by the operator to detect any undesirable trends before they become hazardous. Flight crew reports may be used to achieve this. |
| --- | --- | --- |

(e)

Continuous Monitoring

(1)

After obtaining the initial authorisation, the operations must be continuously monitored by the operator to detect any undesirable trends before they become hazardous. Flight crew reports may be used to achieve this.

| (2) | The following information must be retained for a period of 12 months:






  (i) | The total number of approaches, by aeroplane type, where the airborne Category II or III equipment was utilised to make satisfactory, actual or practice, approaches to the applicable Category II or III minima; and |
| --- | --- | --- |

(2)

The following information must be retained for a period of 12 months:

(i)

The total number of approaches, by aeroplane type, where the airborne Category II or III equipment was utilised to make satisfactory, actual or practice, approaches to the applicable Category II or III minima; and

| (ii) | Reports of unsatisfactory approaches and/or automatic landings, by aerodrome and aeroplane registration, in the following categories:






  (A) | Airborne equipment faults; |
| --- | --- | --- |

(ii)

Reports of unsatisfactory approaches and/or automatic landings, by aerodrome and aeroplane registration, in the following categories:

(A)

Airborne equipment faults;

| (B) | Ground facility difficulties; |
| --- | --- |

(B)

Ground facility difficulties;

| (C) | Missed approaches because of ATC instructions; or |
| --- | --- |

(C)

Missed approaches because of ATC instructions; or

| (D) | Other reasons. |
| --- | --- |

(D)

Other reasons.

| (3) | An operator must establish a procedure to monitor the performance of the automatic landing system of each aeroplane. |
| --- | --- |

(3)

An operator must establish a procedure to monitor the performance of the automatic landing system of each aeroplane.

| (f) | Transitional periods






  (1) | Operators with no previous Category II or III experience






  (i) | An operator without previous Category II or III operational experience may be approved for Category II or IIIA operations, having gained a minimum experience of 6 months of Category I operations on the aeroplane type. |
| --- | --- | --- | --- |

(f)

Transitional periods

(1)

Operators with no previous Category II or III experience

(i)

An operator without previous Category II or III operational experience may be approved for Category II or IIIA operations, having gained a minimum experience of 6 months of Category I operations on the aeroplane type.

| (ii) | On completing 6 months of Category II or IIIA operations on the aeroplane type the operator may be approved for Category IIIB operations. When granting such an approval, the Authority may impose higher minima than the lowest applicable for an additional period. The increase in minima will normally only refer to RVR and/or a restriction against operations with no decision height and must be selected such that they will not require any change of the operational procedures. |
| --- | --- |

(ii)

On completing 6 months of Category II or IIIA operations on the aeroplane type the operator may be approved for Category IIIB operations. When granting such an approval, the Authority may impose higher minima than the lowest applicable for an additional period. The increase in minima will normally only refer to RVR and/or a restriction against operations with no decision height and must be selected such that they will not require any change of the operational procedures.

| (2) | Operators with previous Category II or III experience. An operator with previous Category II or III experience may obtain authorisation for a reduced transition period by application to the Authority. |
| --- | --- |

(2)

Operators with previous Category II or III experience. An operator with previous Category II or III experience may obtain authorisation for a reduced transition period by application to the Authority.

| (g) | Maintenance of Category II, Category III and LVTO equipment. Maintenance instructions for the on-board guidance systems must be established by the operator, in liaison with the manufacturer, and included in the operator's aeroplane maintenance programme prescribed in OPS 1.910 which must be approved by the Authority. |
| --- | --- |

(g)

Maintenance of Category II, Category III and LVTO equipment. Maintenance instructions for the on-board guidance systems must be established by the operator, in liaison with the manufacturer, and included in the operator's aeroplane maintenance programme prescribed in OPS 1.910 which must be approved by the Authority.

| (h) | Eligible Aerodromes and Runways






  (1) | Each aeroplane type/on-board equipment/runway combination must be verified by the successful completion of at least one approach and landing in Category II or better conditions, prior to commencing Category III operations. |
| --- | --- | --- |

(h)

Eligible Aerodromes and Runways

(1)

Each aeroplane type/on-board equipment/runway combination must be verified by the successful completion of at least one approach and landing in Category II or better conditions, prior to commencing Category III operations.

| (2) | For runways with irregular pre-threshold terrain or other foreseeable or known deficiencies, each aeroplane type/on-board equipment/runway combination must be verified by operations in Category I or better conditions, prior to commencing Category II or III operations. |
| --- | --- |

(2)

For runways with irregular pre-threshold terrain or other foreseeable or known deficiencies, each aeroplane type/on-board equipment/runway combination must be verified by operations in Category I or better conditions, prior to commencing Category II or III operations.

| (3) | If an operator has different variants of the same type of aircraft utilising the same basic flight control and display systems, or different basic flight control and display systems on the same type of aircraft, the operator must show that the various variants have satisfactory performance, but the operator need not conduct a full operational demonstration for each variant/runway combination. |
| --- | --- |

(3)

If an operator has different variants of the same type of aircraft utilising the same basic flight control and display systems, or different basic flight control and display systems on the same type of aircraft, the operator must show that the various variants have satisfactory performance, but the operator need not conduct a full operational demonstration for each variant/runway combination.

| (4) | Operators using the same aeroplane type/variant and on-board equipment combination and procedures may take credit from each others' experience and records in complying with this paragraph. |
| --- | --- |

(4)

Operators using the same aeroplane type/variant and on-board equipment combination and procedures may take credit from each others' experience and records in complying with this paragraph.

Appendix 1 to OPS 1.450

Low Visibility Operations — Training & Qualifications

| (a) | General: An operator must ensure that flight crew member training programmes for Low Visibility Operations include structured courses of ground, Flight Simulator and/or flight training. The operator may abbreviate the course content as prescribed by sub-paragraphs (2) and (3) below provided the content of the abbreviated course is acceptable to the authority.






  (1) | Flight crew members with no Category II or Category III experience must complete the full training programme prescribed in sub-paragraphs (b),(c) and (d) below. |
| --- | --- | --- |

(a)

General: An operator must ensure that flight crew member training programmes for Low Visibility Operations include structured courses of ground, Flight Simulator and/or flight training. The operator may abbreviate the course content as prescribed by sub-paragraphs (2) and (3) below provided the content of the abbreviated course is acceptable to the authority.

(1)

Flight crew members with no Category II or Category III experience must complete the full training programme prescribed in sub-paragraphs (b),(c) and (d) below.

| (2) | Flight crew members with Category II or Category III experience with another operator may undertake an abbreviated ground training course. |
| --- | --- |

(2)

Flight crew members with Category II or Category III experience with another operator may undertake an abbreviated ground training course.

| (3) | Flight crew members with Category II or Category III experience with the operator may undertake an abbreviated ground, Flight simulator and/or flight training course. The abbreviated course is to include at least the requirements of sub-paragraphs (d)(1), (d)(2)(i) or (d)(2)(ii) as appropriate and (d)(3)(i). |
| --- | --- |

(3)

Flight crew members with Category II or Category III experience with the operator may undertake an abbreviated ground, Flight simulator and/or flight training course. The abbreviated course is to include at least the requirements of sub-paragraphs (d)(1), (d)(2)(i) or (d)(2)(ii) as appropriate and (d)(3)(i).

| (b) | Ground Training. An operator must ensure that the initial ground training course for Low Visibility Operations covers at least:






  (1) | The characteristics and limitations of the ILS and/or MLS; |
| --- | --- | --- |

(b)

Ground Training. An operator must ensure that the initial ground training course for Low Visibility Operations covers at least:

(1)

The characteristics and limitations of the ILS and/or MLS;

| (2) | The characteristics of the visual aids; |
| --- | --- |

(2)

The characteristics of the visual aids;

| (3) | The characteristics of fog; |
| --- | --- |

(3)

The characteristics of fog;

| (4) | The operational capabilities and limitations of the particular airborne system; |
| --- | --- |

(4)

The operational capabilities and limitations of the particular airborne system;

| (5) | The effects of precipitation, ice accretion, low level wind shear and turbulence; |
| --- | --- |

(5)

The effects of precipitation, ice accretion, low level wind shear and turbulence;

| (6) | The effect of specific aeroplane malfunctions; |
| --- | --- |

(6)

The effect of specific aeroplane malfunctions;

| (7) | The use and limitations of RVR assessment systems; |
| --- | --- |

(7)

The use and limitations of RVR assessment systems;

| (8) | The principles of obstacle clearance requirements; |
| --- | --- |

(8)

The principles of obstacle clearance requirements;

| (9) | Recognition of and action to be taken in the event of failure of ground equipment; |
| --- | --- |

(9)

Recognition of and action to be taken in the event of failure of ground equipment;

| (10) | The procedures and precautions to be followed with regard to surface movement during operations when the RVR is 400 m or less and any additional procedures required for take-off in conditions below 150 m (200 m for Category D aeroplanes); |
| --- | --- |

(10)

The procedures and precautions to be followed with regard to surface movement during operations when the RVR is 400 m or less and any additional procedures required for take-off in conditions below 150 m (200 m for Category D aeroplanes);

| (11) | The significance of decision heights based upon radio altimeters and the effect of terrain profile in the approach area on radio altimeter readings and on the automatic approach/landing systems; |
| --- | --- |

(11)

The significance of decision heights based upon radio altimeters and the effect of terrain profile in the approach area on radio altimeter readings and on the automatic approach/landing systems;

| (12) | The importance and significance of Alert Height if applicable and the action in the event of any failure above and below the Alert Height; |
| --- | --- |

(12)

The importance and significance of Alert Height if applicable and the action in the event of any failure above and below the Alert Height;

| (13) | The qualification requirements for pilots to obtain and retain approval to conduct Low Visibility Take-offs and Category II or III operations; and |
| --- | --- |

(13)

The qualification requirements for pilots to obtain and retain approval to conduct Low Visibility Take-offs and Category II or III operations; and

| (14) | The importance of correct seating and eye position. |
| --- | --- |

(14)

The importance of correct seating and eye position.

| (c) | Flight Simulator training and/or flight training






  (1) | An operator must ensure that Flight Simulator and/or flight training for Low Visibility Operations includes:






  (i) | Checks of satisfactory functioning of equipment, both on the ground and in flight; |
| --- | --- | --- | --- |

(c)

Flight Simulator training and/or flight training

(1)

An operator must ensure that Flight Simulator and/or flight training for Low Visibility Operations includes:

(i)

Checks of satisfactory functioning of equipment, both on the ground and in flight;

| (ii) | Effect on minima caused by changes in the status of ground installations; |
| --- | --- |

(ii)

Effect on minima caused by changes in the status of ground installations;

| (iii) | Monitoring of automatic flight control systems and auto land status annunciators with emphasis on the action to be taken in the event of failures of such systems; |
| --- | --- |

(iii)

Monitoring of automatic flight control systems and auto land status annunciators with emphasis on the action to be taken in the event of failures of such systems;

| (iv) | Actions to be taken in the event of failures such as engines, electrical systems, hydraulics or flight control systems; |
| --- | --- |

(iv)

Actions to be taken in the event of failures such as engines, electrical systems, hydraulics or flight control systems;

| (v) | The effect of known unserviceabilities and use of minimum equipment lists; |
| --- | --- |

(v)

The effect of known unserviceabilities and use of minimum equipment lists;

| (vi) | Operating limitations resulting from airworthiness certification; |
| --- | --- |

(vi)

Operating limitations resulting from airworthiness certification;

| (vii) | Guidance on the visual cues required at decision height together with information on maximum deviation allowed from glide path or localiser; and |
| --- | --- |

(vii)

Guidance on the visual cues required at decision height together with information on maximum deviation allowed from glide path or localiser; and

| (viii) | The importance and significance of Alert Height if applicable and the action in the event of any failure above and below the Alert Height. |
| --- | --- |

(viii)

The importance and significance of Alert Height if applicable and the action in the event of any failure above and below the Alert Height.

| (2) | An operator must ensure that each flight crew member is trained to carry out his/her duties and instructed on the coordination required with other crew members. Maximum use should be made of flight simulators. |
| --- | --- |

(2)

An operator must ensure that each flight crew member is trained to carry out his/her duties and instructed on the coordination required with other crew members. Maximum use should be made of flight simulators.

| (3) | Training must be divided into phases covering normal operation with no aeroplane or equipment failures but including all weather conditions which may be encountered and detailed scenarios of aeroplane and equipment failure which could affect Category II or III operations. If the aeroplane system involves the use of hybrid or other special systems (such as head up displays or enhanced vision equipment) then flight crew members must practise the use of these systems in normal and abnormal modes during the Flight Simulator phase of training. |
| --- | --- |

(3)

Training must be divided into phases covering normal operation with no aeroplane or equipment failures but including all weather conditions which may be encountered and detailed scenarios of aeroplane and equipment failure which could affect Category II or III operations. If the aeroplane system involves the use of hybrid or other special systems (such as head up displays or enhanced vision equipment) then flight crew members must practise the use of these systems in normal and abnormal modes during the Flight Simulator phase of training.

| (4) | Incapacitation procedures appropriate to Low Visibility Take-offs and Category II and III operations shall be practised. |
| --- | --- |

(4)

Incapacitation procedures appropriate to Low Visibility Take-offs and Category II and III operations shall be practised.

| (5) | For aeroplanes with no Flight Simulator operators must ensure that the flight training phase specific to the visual scenarios of Category II operations is conducted in a specifically approved Flight Simulator. Such training must include a minimum of 4 approaches. The training and procedures that are type specific shall be practised in the aeroplane. |
| --- | --- |

(5)

For aeroplanes with no Flight Simulator operators must ensure that the flight training phase specific to the visual scenarios of Category II operations is conducted in a specifically approved Flight Simulator. Such training must include a minimum of 4 approaches. The training and procedures that are type specific shall be practised in the aeroplane.

| (6) | Initial Category II and III training shall include at least the following exercises:






  (i) | Approach using the appropriate flight guidance, autopilots and control systems installed in the aeroplane, to the appropriate decision height and to include transition to visual flight and landing; |
| --- | --- | --- |

(6)

Initial Category II and III training shall include at least the following exercises:

(i)

Approach using the appropriate flight guidance, autopilots and control systems installed in the aeroplane, to the appropriate decision height and to include transition to visual flight and landing;

| (ii) | Approach with all engines operating using the appropriate flight guidance systems, autopilots and control systems installed in the aeroplane down to the appropriate decision height followed by missed approach; all without external visual reference; |
| --- | --- |

(ii)

Approach with all engines operating using the appropriate flight guidance systems, autopilots and control systems installed in the aeroplane down to the appropriate decision height followed by missed approach; all without external visual reference;

| (iii) | Where appropriate, approaches utilising automatic flight systems to provide automatic flare, landing and roll-out; and |
| --- | --- |

(iii)

Where appropriate, approaches utilising automatic flight systems to provide automatic flare, landing and roll-out; and

| (iv) | Normal operation of the applicable system both with and without acquisition of visual cues at decision height. |
| --- | --- |

(iv)

Normal operation of the applicable system both with and without acquisition of visual cues at decision height.

| (7) | Subsequent phases of training must include at least:






  (i) | Approaches with engine failure at various stages on the approach; |
| --- | --- | --- |

(7)

Subsequent phases of training must include at least:

(i)

Approaches with engine failure at various stages on the approach;

| (ii) | Approaches with critical equipment failures (e.g. electrical systems, auto flight systems, ground and/or airborne ILS/MLS systems and status monitors); |
| --- | --- |

(ii)

Approaches with critical equipment failures (e.g. electrical systems, auto flight systems, ground and/or airborne ILS/MLS systems and status monitors);

| (iii) | Approaches where failures of auto flight equipment at low level require either;






  (A) | Reversion to manual flight to control flare, landing and roll out or missed approach; or |
| --- | --- | --- |

(iii)

Approaches where failures of auto flight equipment at low level require either;

(A)

Reversion to manual flight to control flare, landing and roll out or missed approach; or

| (B) | Reversion to manual flight or a downgraded automatic mode to control missed approaches from, at or below decision height including those which may result in a touchdown on the runway; |
| --- | --- |

(B)

Reversion to manual flight or a downgraded automatic mode to control missed approaches from, at or below decision height including those which may result in a touchdown on the runway;

| (iv) | Failures of the systems which will result in excessive localiser and/or glide slope deviation, both above and below decision height, in the minimum visual conditions authorised for the operation. In addition, a continuation to a manual landing must be practised if a head-up display forms a downgraded mode of the automatic system or the head-up display forms the only flare mode; and |
| --- | --- |

(iv)

Failures of the systems which will result in excessive localiser and/or glide slope deviation, both above and below decision height, in the minimum visual conditions authorised for the operation. In addition, a continuation to a manual landing must be practised if a head-up display forms a downgraded mode of the automatic system or the head-up display forms the only flare mode; and

| (v) | Failures and procedures specific to aeroplane type or variant. |
| --- | --- |

(v)

Failures and procedures specific to aeroplane type or variant.

| (8) | The training programme must provide practice in handling faults which require a reversion to higher minima. |
| --- | --- |

(8)

The training programme must provide practice in handling faults which require a reversion to higher minima.

| (9) | The training programme must include the handling of the aeroplane when, during a fail passive Category III approach, the fault causes the autopilot to disconnect at or below decision height when the last reported RVR is 300 m or less. |
| --- | --- |

(9)

The training programme must include the handling of the aeroplane when, during a fail passive Category III approach, the fault causes the autopilot to disconnect at or below decision height when the last reported RVR is 300 m or less.

| (10) | Where take-offs are conducted in RVRs of 400 m and below, training must be established to cover systems failures and engine failure resulting in continued as well as rejected take-offs. |
| --- | --- |

(10)

Where take-offs are conducted in RVRs of 400 m and below, training must be established to cover systems failures and engine failure resulting in continued as well as rejected take-offs.

| (d) | Conversion Training Requirements to conduct Low Visibility Take-off and Category II and III Operations. An operator shall ensure that each flight crew member completes the following Low Visibility Procedures training if converting to a new type or variant of aeroplane in which Low Visibility Take-off and Category II and III Operations will be conducted. The flight crew member experience requirements to undertake an abbreviated course are prescribed in sub-paragraphs (a)(2) and (a)(3), above:






  (1) | Ground Training. The appropriate requirements prescribed in sub-paragraph (b) above, taking into account the flight crew member's Category II and Category III training and experience. |
| --- | --- | --- |

(d)

Conversion Training Requirements to conduct Low Visibility Take-off and Category II and III Operations. An operator shall ensure that each flight crew member completes the following Low Visibility Procedures training if converting to a new type or variant of aeroplane in which Low Visibility Take-off and Category II and III Operations will be conducted. The flight crew member experience requirements to undertake an abbreviated course are prescribed in sub-paragraphs (a)(2) and (a)(3), above:

(1)

Ground Training. The appropriate requirements prescribed in sub-paragraph (b) above, taking into account the flight crew member's Category II and Category III training and experience.

| (2) | Flight Simulator Training and/or Flight training.






  (i) | A minimum of 8 approaches and/or landings in a Flight Simulator. |
| --- | --- | --- |

(2)

Flight Simulator Training and/or Flight training.

(i)

A minimum of 8 approaches and/or landings in a Flight Simulator.

| (ii) | Where no Flight simulator is available to represent that specific aeroplane, a minimum of 3 approaches including at least 1 go-around is required on the aeroplane. |
| --- | --- |

(ii)

Where no Flight simulator is available to represent that specific aeroplane, a minimum of 3 approaches including at least 1 go-around is required on the aeroplane.

| (iii) | Appropriate additional training if any special equipment is required such as head-up displays or enhanced vision equipment. |
| --- | --- |

(iii)

Appropriate additional training if any special equipment is required such as head-up displays or enhanced vision equipment.

| (3) | Flight Crew Qualification. The flight crew qualification requirements are specific to the operator and the type of aeroplane operated.






  (i) | The operator must ensure that each flight crew member completes a check before conducting Category II or III operations. |
| --- | --- | --- |

(3)

Flight Crew Qualification. The flight crew qualification requirements are specific to the operator and the type of aeroplane operated.

(i)

The operator must ensure that each flight crew member completes a check before conducting Category II or III operations.

| (ii) | The check prescribed in sub-paragraph (i) above may be replaced by successful completion of the simulator and/or flight training prescribed in sub-paragraph (d)(2) above. |
| --- | --- |

(ii)

The check prescribed in sub-paragraph (i) above may be replaced by successful completion of the simulator and/or flight training prescribed in sub-paragraph (d)(2) above.

| (4) | Line Flying under Supervision. An operator must ensure that each flight crew member undergoes the following line flying under supervision:






  (i) | For Category II when a manual landing is required, a minimum of 3 landings from autopilot disconnect; |
| --- | --- | --- |

(4)

Line Flying under Supervision. An operator must ensure that each flight crew member undergoes the following line flying under supervision:

(i)

For Category II when a manual landing is required, a minimum of 3 landings from autopilot disconnect;

| (ii) | For Category III, a minimum of 3 auto lands except that only 1 auto land is required when the training required in sub-paragraph (d)(2) above has been carried out in a Flight Simulator usable for zero flight time conversion. |
| --- | --- |

(ii)

For Category III, a minimum of 3 auto lands except that only 1 auto land is required when the training required in sub-paragraph (d)(2) above has been carried out in a Flight Simulator usable for zero flight time conversion.

| (e) | Type and command experience. Before commencing Category II/III operations, the following additional requirements are applicable to commanders, or pilots to whom conduct of the flight has been delegated, who are new to the aeroplane type:






  (1) | 50 hours or 20 sectors on the type, including line flying under supervision; and |
| --- | --- | --- |

(e)

Type and command experience. Before commencing Category II/III operations, the following additional requirements are applicable to commanders, or pilots to whom conduct of the flight has been delegated, who are new to the aeroplane type:

(1)

50 hours or 20 sectors on the type, including line flying under supervision; and

| (2) | 100 m must be added to the applicable Category II or Category III RVR minima unless previously qualified for Category II or III operations with an operator, until a total of 100 hours or 40 sectors, including line flying under supervision, has been achieved on the type. |
| --- | --- |

(2)

100 m must be added to the applicable Category II or Category III RVR minima unless previously qualified for Category II or III operations with an operator, until a total of 100 hours or 40 sectors, including line flying under supervision, has been achieved on the type.

| (3) | The Authority may authorise a reduction in the above command experience requirements for flight crew members who have Category II or Category III command experience. |
| --- | --- |

(3)

The Authority may authorise a reduction in the above command experience requirements for flight crew members who have Category II or Category III command experience.

| (f) | Low Visibility Take-Off with RVR less than 150/200 m






  (1) | An operator must ensure that prior to authorisation to conduct take-offs in RVRs below 150 m (below 200 m for Category D aeroplanes) the following training is carried out:






  (i) | Normal take-off in minimum authorised RVR conditions; |
| --- | --- | --- | --- |

(f)

Low Visibility Take-Off with RVR less than 150/200 m

(1)

An operator must ensure that prior to authorisation to conduct take-offs in RVRs below 150 m (below 200 m for Category D aeroplanes) the following training is carried out:

(i)

Normal take-off in minimum authorised RVR conditions;

| (ii) | Take-off in minimum authorised RVR conditions with an engine failure between V1 and V2, or as soon as safety considerations permit; and |
| --- | --- |

(ii)

Take-off in minimum authorised RVR conditions with an engine failure between V1 and V2, or as soon as safety considerations permit; and

| (iii) | Take-off in minimum authorised RVR conditions with an engine failure before V1 resulting in a rejected take-off. |
| --- | --- |

(iii)

Take-off in minimum authorised RVR conditions with an engine failure before V1 resulting in a rejected take-off.

| (2) | An operator must ensure that the training required by sub-paragraph (1) above is carried out in a Flight Simulator. This training must include the use of any special procedures and equipment. Where no Flight Simulator is available to represent that specific aeroplane, the Authority may approve such training in an aeroplane without the requirement for minimum RVR conditions (See Appendix 1 to OPS 1.965). |
| --- | --- |

(2)

An operator must ensure that the training required by sub-paragraph (1) above is carried out in a Flight Simulator. This training must include the use of any special procedures and equipment. Where no Flight Simulator is available to represent that specific aeroplane, the Authority may approve such training in an aeroplane without the requirement for minimum RVR conditions (See Appendix 1 to OPS 1.965).

| (3) | An operator must ensure that a flight crew member has completed a check before conducting low visibility take-offs in RVRs of less than 150 m (less than 200 m for Category D aeroplanes) if applicable. The check may only be replaced by successful completion of the simulator and/or flight training prescribed in sub-paragraph (f)(1) on conversion to an aeroplane type. |
| --- | --- |

(3)

An operator must ensure that a flight crew member has completed a check before conducting low visibility take-offs in RVRs of less than 150 m (less than 200 m for Category D aeroplanes) if applicable. The check may only be replaced by successful completion of the simulator and/or flight training prescribed in sub-paragraph (f)(1) on conversion to an aeroplane type.

| (g) | Recurrent Training and Checking — Low Visibility Operations






  (1) | An operator must ensure that, in conjunction with the normal recurrent training and operator proficiency checks, a pilot's knowledge and ability to perform the tasks associated with the particular category of operation, for which he/she is authorised is checked. The required number of approaches within the validity period of the operators proficiency check(as described in OPS 1.965 (b)) is to be a minimum of three, one of which may be substituted by an approach and landing in the aeroplane using approved Category II and III procedures. One missed approach shall be flown during the conduct of the operators proficiency check. If the operator is authorised to conduct take-off with RVR less than 150/200 m at least one LVTO to the lowest applicable minima shall be flown during the conduct of the operators proficiency check. |
| --- | --- | --- |

(g)

Recurrent Training and Checking — Low Visibility Operations

(1)

An operator must ensure that, in conjunction with the normal recurrent training and operator proficiency checks, a pilot's knowledge and ability to perform the tasks associated with the particular category of operation, for which he/she is authorised is checked. The required number of approaches within the validity period of the operators proficiency check(as described in OPS 1.965 (b)) is to be a minimum of three, one of which may be substituted by an approach and landing in the aeroplane using approved Category II and III procedures. One missed approach shall be flown during the conduct of the operators proficiency check. If the operator is authorised to conduct take-off with RVR less than 150/200 m at least one LVTO to the lowest applicable minima shall be flown during the conduct of the operators proficiency check.

| (2) | For Category III operations an operator must use a Flight Simulator. |
| --- | --- |

(2)

For Category III operations an operator must use a Flight Simulator.

| (3) | An operator must ensure that, for Category III operations on aeroplanes with a fail passive flight control system, a missed approach is completed at least once over the period of three consecutive operator proficiency checks as the result of an autopilot failure at or below decision height when the last reported RVR was 300 m or less. |
| --- | --- |

(3)

An operator must ensure that, for Category III operations on aeroplanes with a fail passive flight control system, a missed approach is completed at least once over the period of three consecutive operator proficiency checks as the result of an autopilot failure at or below decision height when the last reported RVR was 300 m or less.

| (4) | The Authority may authorise recurrent training and checking for Category II and LVTO operations in an aeroplane type where no Flight Simulator to represent that specific aeroplane or an acceptable alternate is available. |
| --- | --- |

(4)

The Authority may authorise recurrent training and checking for Category II and LVTO operations in an aeroplane type where no Flight Simulator to represent that specific aeroplane or an acceptable alternate is available.

Note: Recency for LTVO and Category II/III based upon automatic approaches and/or auto-lands is maintained by the recurrent training and checking as prescribed in this paragraph.

Appendix 1 to OPS 1.455

Low Visibility Operations — Operating procedures

| (a) | General. Low Visibility Operations include:






  (1) | Manual take-off (with or without electronic guidance systems); |
| --- | --- | --- |

(a)

General. Low Visibility Operations include:

(1)

Manual take-off (with or without electronic guidance systems);

| (2) | Auto-coupled approach to below DH, with manual flare, landing and roll-out; |
| --- | --- |

(2)

Auto-coupled approach to below DH, with manual flare, landing and roll-out;

| (3) | Auto-coupled approach followed by auto-flare, auto landing and manual roll-out; and |
| --- | --- |

(3)

Auto-coupled approach followed by auto-flare, auto landing and manual roll-out; and

| (4) | Auto-coupled approach followed by auto-flare, auto landing and auto-roll-out, when the applicable RVR is less than 400 m. |
| --- | --- |

(4)

Auto-coupled approach followed by auto-flare, auto landing and auto-roll-out, when the applicable RVR is less than 400 m.

Note 1: A hybrid system may be used with any of these modes of operations.

Note 2: Other forms of guidance systems or displays may be certificated and approved.

| (b) | Procedures and Operating Instructions






  (1) | The precise nature and scope of procedures and instructions given depend upon the airborne equipment used and the flight deck procedures followed. An operator must clearly define flight crew member duties during take-off, approach, flare, roll-out and missed approach in the Operations Manual. Particular emphasis must be placed on flight crew responsibilities during transition from non-visual conditions to visual conditions, and on the procedures to be used in deteriorating visibility or when failures occur. Special attention must be paid to the distribution of flight deck duties so as to ensure that the workload of the pilot making the decision to land or execute a missed approach enables him/her to devote himself/herself to supervision and the decision making process. |
| --- | --- | --- |

(b)

Procedures and Operating Instructions

(1)

The precise nature and scope of procedures and instructions given depend upon the airborne equipment used and the flight deck procedures followed. An operator must clearly define flight crew member duties during take-off, approach, flare, roll-out and missed approach in the Operations Manual. Particular emphasis must be placed on flight crew responsibilities during transition from non-visual conditions to visual conditions, and on the procedures to be used in deteriorating visibility or when failures occur. Special attention must be paid to the distribution of flight deck duties so as to ensure that the workload of the pilot making the decision to land or execute a missed approach enables him/her to devote himself/herself to supervision and the decision making process.

| (2) | An operator must specify the detailed operating procedures and instructions in the Operations Manual. The instructions must be compatible with the limitations and mandatory procedures contained in the Aeroplane Flight Manual and cover the following items in particular:






  (i) | Checks for the satisfactory functioning of the aeroplane equipment, both before departure and in flight; |
| --- | --- | --- |

(2)

An operator must specify the detailed operating procedures and instructions in the Operations Manual. The instructions must be compatible with the limitations and mandatory procedures contained in the Aeroplane Flight Manual and cover the following items in particular:

(i)

Checks for the satisfactory functioning of the aeroplane equipment, both before departure and in flight;

| (ii) | Effect on minima caused by changes in the status of the ground installations and airborne equipment; |
| --- | --- |

(ii)

Effect on minima caused by changes in the status of the ground installations and airborne equipment;

| (iii) | Procedures for the take-off, approach, flare, landing, roll-out and missed approach; |
| --- | --- |

(iii)

Procedures for the take-off, approach, flare, landing, roll-out and missed approach;

| (iv) | Procedures to be followed in the event of failures, warnings and other non-normal situations; |
| --- | --- |

(iv)

Procedures to be followed in the event of failures, warnings and other non-normal situations;

| (v) | The minimum visual reference required; |
| --- | --- |

(v)

The minimum visual reference required;

| (vi) | The importance of correct seating and eye position; |
| --- | --- |

(vi)

The importance of correct seating and eye position;

| (vii) | Action which may be necessary arising from a deterioration of the visual reference; |
| --- | --- |

(vii)

Action which may be necessary arising from a deterioration of the visual reference;

| (viii) | Allocation of crew duties in the carrying out of the procedures according to sub-paragraphs (i) to (iv) and (vi) above, to allow the Commander to devote himself/herself mainly to supervision and decision making; |
| --- | --- |

(viii)

Allocation of crew duties in the carrying out of the procedures according to sub-paragraphs (i) to (iv) and (vi) above, to allow the Commander to devote himself/herself mainly to supervision and decision making;

| (ix) | The requirement for all height calls below 200 ft to be based on the radio altimeter and for one pilot to continue to monitor the aeroplane instruments until the landing is completed; |
| --- | --- |

(ix)

The requirement for all height calls below 200 ft to be based on the radio altimeter and for one pilot to continue to monitor the aeroplane instruments until the landing is completed;

| (x) | The requirement for the Localiser Sensitive Area to be protected; |
| --- | --- |

(x)

The requirement for the Localiser Sensitive Area to be protected;

| (xi) | The use of information relating to wind velocity, wind shear, turbulence, runway contamination and use of multiple RVR assessments; |
| --- | --- |

(xi)

The use of information relating to wind velocity, wind shear, turbulence, runway contamination and use of multiple RVR assessments;

| (xii) | Procedures to be used for practice approaches and landing on runways at which the full Category II or Category III aerodrome procedures are not in force; |
| --- | --- |

(xii)

Procedures to be used for practice approaches and landing on runways at which the full Category II or Category III aerodrome procedures are not in force;

| (xiii) | Operating limitations resulting from airworthiness certification; and |
| --- | --- |

(xiii)

Operating limitations resulting from airworthiness certification; and

| (xiv) | Information on the maximum deviation allowed from the ILS glide path and/or localiser. |
| --- | --- |

(xiv)

Information on the maximum deviation allowed from the ILS glide path and/or localiser.

Appendix 1 to OPS 1.465

Minimum Visibilities for VFR Operations

| Airspace class | | A B C D E
  [Note 1] | F G |
| --- | --- | --- | --- |
| | Above 900 m (3 000 ft) AMSL or above 300 m (1 000 ft) above terrain, whichever is the higher | At and below 900 m (3 000 ft) AMSL or 300 m (1 000 ft) above terrain, whichever is the higher |
| Distance from cloud | | 1 500 m horizontally
  300 m (1 000 ft) vertically | Clear of cloud and in sight of the surface |
| Flight visibility | 8 km at and above 3 050 m (10 000 ft) AMSL (Note 2) 5 km below 3 050 m (10 000 ft) AMSL | 5 km (Note 3) |
| Note 1: | VMC Minima for Class A airspace are included for guidance but do not imply acceptance of VFR Flights in Class A airspace |

Airspace class

A B C D E

[Note 1]

F G

Above 900 m (3 000 ft) AMSL or above 300 m (1 000 ft) above terrain, whichever is the higher

At and below 900 m (3 000 ft) AMSL or 300 m (1 000 ft) above terrain, whichever is the higher

Distance from cloud

1 500 m horizontally

300 m (1 000 ft) vertically

Clear of cloud and in sight of the surface

Flight visibility

8 km at and above 3 050 m (10 000 ft) AMSL (Note 2) 5 km below 3 050 m (10 000 ft) AMSL

5 km (Note 3)

Note 1:

VMC Minima for Class A airspace are included for guidance but do not imply acceptance of VFR Flights in Class A airspace

| Note 2: | When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 should be used in lieu of 10 000 ft. |
| --- | --- |

Note 2:

When the height of the transition altitude is lower than 3 050 m (10 000 ft) AMSL, FL 100 should be used in lieu of 10 000 ft.

| Note 3: | Cat A and B aeroplanes may be operated in flight visibilities down to 3 000 m, provided the appropriate ATS authority permits use of a flight visibility less than 5 km, and the circumstances are such, that the probability of encounters with other traffic is low, and the IAS is 140 kt or less. |
| --- | --- |

Note 3:

Cat A and B aeroplanes may be operated in flight visibilities down to 3 000 m, provided the appropriate ATS authority permits use of a flight visibility less than 5 km, and the circumstances are such, that the probability of encounters with other traffic is low, and the IAS is 140 kt or less.

SUBPART F

PERFORMANCE GENERAL

OPS 1.470

Applicability

| (a) | An operator shall ensure that multi-engine aeroplanes powered by turbo propeller engines with a maximum approved passenger seating configuration of more than 9 or a maximum take-off mass exceeding 5 700 kg, and all multi-engine turbojet powered aeroplanes are operated in accordance with Subpart G (Performance Class A). |
| --- | --- |

(a)

An operator shall ensure that multi-engine aeroplanes powered by turbo propeller engines with a maximum approved passenger seating configuration of more than 9 or a maximum take-off mass exceeding 5 700 kg, and all multi-engine turbojet powered aeroplanes are operated in accordance with Subpart G (Performance Class A).

| (b) | An operator shall ensure that propeller driven aeroplanes with a maximum approved passenger seating configuration of 9 or less, and a maximum take-off mass of 5 700 kg or less are operated in accordance with Subpart H (Performance Class B). |
| --- | --- |

(b)

An operator shall ensure that propeller driven aeroplanes with a maximum approved passenger seating configuration of 9 or less, and a maximum take-off mass of 5 700 kg or less are operated in accordance with Subpart H (Performance Class B).

| (c) | An operator shall ensure that aeroplanes powered by reciprocating engines with a maximum approved passenger seating configuration of more than 9 or a maximum take-off mass exceeding 5 700 kg are operated in accordance with Subpart I (Performance Class C). |
| --- | --- |

(c)

An operator shall ensure that aeroplanes powered by reciprocating engines with a maximum approved passenger seating configuration of more than 9 or a maximum take-off mass exceeding 5 700 kg are operated in accordance with Subpart I (Performance Class C).

| (d) | Where full compliance with the requirements of the appropriate Subpart cannot be shown due to specific design characteristics (e.g. supersonic aeroplanes or seaplanes), the operator shall apply approved performance standards that ensure a level of safety equivalent to that of the appropriate Subpart. |
| --- | --- |

(d)

Where full compliance with the requirements of the appropriate Subpart cannot be shown due to specific design characteristics (e.g. supersonic aeroplanes or seaplanes), the operator shall apply approved performance standards that ensure a level of safety equivalent to that of the appropriate Subpart.

OPS 1.475

General

| (a) | An operator shall ensure that the mass of the aeroplane:






  (1) | At the start of the take-off; or, in the event of in-flight replanning |
| --- | --- | --- |

(a)

An operator shall ensure that the mass of the aeroplane:

(1)

At the start of the take-off; or, in the event of in-flight replanning

| (2) | At the point from which the revised operational flight plan applies, is not greater than the mass at which the requirements of the appropriate Subpart can be complied with for the flight to be undertaken, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is provided for in the particular requirement. |
| --- | --- |

(2)

At the point from which the revised operational flight plan applies, is not greater than the mass at which the requirements of the appropriate Subpart can be complied with for the flight to be undertaken, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is provided for in the particular requirement.

| (b) | An operator shall ensure that the approved performance Data contained in the Aeroplane Flight Manual is used to determine compliance with the requirements of the appropriate Subpart, supplemented as necessary with other data acceptable to the Authority as prescribed in the relevant Subpart. When applying the factors prescribed in the appropriate Subpart, account may be taken of any operational factors already incorporated in the Aeroplane Flight Manual performance data to avoid double application of factors. |
| --- | --- |

(b)

An operator shall ensure that the approved performance Data contained in the Aeroplane Flight Manual is used to determine compliance with the requirements of the appropriate Subpart, supplemented as necessary with other data acceptable to the Authority as prescribed in the relevant Subpart. When applying the factors prescribed in the appropriate Subpart, account may be taken of any operational factors already incorporated in the Aeroplane Flight Manual performance data to avoid double application of factors.

| (c) | When showing compliance with the requirements of the appropriate Subpart, due account shall be taken of aeroplane configuration, environmental conditions and the operation of systems which have an adverse effect on performance. |
| --- | --- |

(c)

When showing compliance with the requirements of the appropriate Subpart, due account shall be taken of aeroplane configuration, environmental conditions and the operation of systems which have an adverse effect on performance.

| (d) | For performance purposes, a damp runway, other than a grass runway, may be considered to be dry. |
| --- | --- |

(d)

For performance purposes, a damp runway, other than a grass runway, may be considered to be dry.

| (e) | An operator shall take account of charting accuracy when assessing compliance with the take-off requirements of the applicable subpart. |
| --- | --- |

(e)

An operator shall take account of charting accuracy when assessing compliance with the take-off requirements of the applicable subpart.

OPS 1.480

Terminology

| (a) | The following terms used in Subparts F, G, H, I and J, have the following meaning:






  (1) | Accelerate-stop distance available (ASDA). The length of the take-off run available plus the length of stop way, if such stop way is declared available by the appropriate Authority and is capable of bearing the mass of the aeroplane under the prevailing operating conditions. |
| --- | --- | --- |

(a)

The following terms used in Subparts F, G, H, I and J, have the following meaning:

(1)

Accelerate-stop distance available (ASDA). The length of the take-off run available plus the length of stop way, if such stop way is declared available by the appropriate Authority and is capable of bearing the mass of the aeroplane under the prevailing operating conditions.

| (2) | Contaminated runway. A runway is considered to be contaminated when more than 25 % of the runway surface area (whether in isolated areas or not) within the required length and width being used is covered by the following:






  (i) | Surface water more than 3 mm (0,125 in) deep, or by slush, or loose snow, equivalent to more than 3 mm (0,125 in) of water; |
| --- | --- | --- |

(2)

Contaminated runway. A runway is considered to be contaminated when more than 25 % of the runway surface area (whether in isolated areas or not) within the required length and width being used is covered by the following:

(i)

Surface water more than 3 mm (0,125 in) deep, or by slush, or loose snow, equivalent to more than 3 mm (0,125 in) of water;

| (ii) | Snow which has been compressed into a solid mass which resists further compression and will hold together or break into lumps if picked up (compacted snow); or |
| --- | --- |

(ii)

Snow which has been compressed into a solid mass which resists further compression and will hold together or break into lumps if picked up (compacted snow); or

| (iii) | Ice, including wet ice. |
| --- | --- |

(iii)

Ice, including wet ice.

| (3) | Damp runway. A runway is considered damp when the surface is not dry, but when the moisture on it does not give it a shiny appearance. |
| --- | --- |

(3)

Damp runway. A runway is considered damp when the surface is not dry, but when the moisture on it does not give it a shiny appearance.

| (4) | Dry runway. A dry runway is one which is neither wet nor contaminated, and includes those paved runways which have been specially prepared with grooves or porous pavement and maintained to retain “effectively dry” braking action even when moisture is present. |
| --- | --- |

(4)

Dry runway. A dry runway is one which is neither wet nor contaminated, and includes those paved runways which have been specially prepared with grooves or porous pavement and maintained to retain “effectively dry” braking action even when moisture is present.

| (5) | Landing distance available (LDA). The length of the runway which is declared available by the appropriate Authority and suitable for the ground run of an aeroplane landing. |
| --- | --- |

(5)

Landing distance available (LDA). The length of the runway which is declared available by the appropriate Authority and suitable for the ground run of an aeroplane landing.

| (6) | Maximum approved passenger seating configuration. The maximum passenger seating capacity of an individual aeroplane, excluding pilot seats or flight deck seats and cabin crew seats as applicable, used by the operator, approved by the Authority and specified in the Operations Manual. |
| --- | --- |

(6)

Maximum approved passenger seating configuration. The maximum passenger seating capacity of an individual aeroplane, excluding pilot seats or flight deck seats and cabin crew seats as applicable, used by the operator, approved by the Authority and specified in the Operations Manual.

| (7) | Take-off distance available (TODA). The length of the take-off run available plus the length of the clearway available. |
| --- | --- |

(7)

Take-off distance available (TODA). The length of the take-off run available plus the length of the clearway available.

| (8) | Take-off mass. The take-off mass of the aeroplane shall be taken to be its mass, including everything and everyone carried at the commencement of the take-off run. |
| --- | --- |

(8)

Take-off mass. The take-off mass of the aeroplane shall be taken to be its mass, including everything and everyone carried at the commencement of the take-off run.

| (9) | Take-off run available (TORA). The length of runway which is declared available by the appropriate Authority and suitable for the ground run of an aeroplane taking off. |
| --- | --- |

(9)

Take-off run available (TORA). The length of runway which is declared available by the appropriate Authority and suitable for the ground run of an aeroplane taking off.

| (10) | Wet runway. A runway is considered wet when the runway surface is covered with water, or equivalent, less than specified in sub-paragraph (a)(2) above or when there is sufficient moisture on the runway surface to cause it to appear reflective, but without significant areas of standing water. |
| --- | --- |

(10)

Wet runway. A runway is considered wet when the runway surface is covered with water, or equivalent, less than specified in sub-paragraph (a)(2) above or when there is sufficient moisture on the runway surface to cause it to appear reflective, but without significant areas of standing water.

| (b) | The terms “accelerate-stop distance”, “take-off distance”, “take-off run”, “net take-off flight path”, “one engine inoperative en-route net flight path” and “two engines inoperative en-route net flight path” as relating to the aeroplane have their meanings defined in the airworthiness requirements under which the aeroplane was certificated, or as specified by the Authority if it finds that definition inadequate for showing compliance with the performance operating limitations. |
| --- | --- |

(b)

The terms “accelerate-stop distance”, “take-off distance”, “take-off run”, “net take-off flight path”, “one engine inoperative en-route net flight path” and “two engines inoperative en-route net flight path” as relating to the aeroplane have their meanings defined in the airworthiness requirements under which the aeroplane was certificated, or as specified by the Authority if it finds that definition inadequate for showing compliance with the performance operating limitations.

SUBPART G

PERFORMANCE CLASS A

OPS 1.485

General

| (a) | An operator shall ensure that, for determining compliance with the requirements of this Subpart, the approved performance data in the Aeroplane Flight Manual is supplemented as necessary with other data acceptable to the Authority if the approved performance Data in the Aeroplane Flight Manual is insufficient in respect of items such as:






  (1) | Accounting for reasonably expected adverse operating conditions such as take-off and landing on contaminated runways; and |
| --- | --- | --- |

(a)

An operator shall ensure that, for determining compliance with the requirements of this Subpart, the approved performance data in the Aeroplane Flight Manual is supplemented as necessary with other data acceptable to the Authority if the approved performance Data in the Aeroplane Flight Manual is insufficient in respect of items such as:

(1)

Accounting for reasonably expected adverse operating conditions such as take-off and landing on contaminated runways; and

| (2) | Consideration of engine failure in all flight phases. |
| --- | --- |

(2)

Consideration of engine failure in all flight phases.

| (b) | An operator shall ensure that, for the wet and contaminated runway case, performance data determined in accordance with applicable requirements on certification of large aeroplanes or equivalent acceptable to the Authority is used. |
| --- | --- |

(b)

An operator shall ensure that, for the wet and contaminated runway case, performance data determined in accordance with applicable requirements on certification of large aeroplanes or equivalent acceptable to the Authority is used.

OPS 1.490

Take-off

| (a) | An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made. |
| --- | --- |

(a)

An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made.

| (b) | An operator must meet the following requirements when determining the maximum permitted take-off mass:






  (1) | The accelerate-stop distance must not exceed the accelerate-stop distance available; |
| --- | --- | --- |

(b)

An operator must meet the following requirements when determining the maximum permitted take-off mass:

(1)

The accelerate-stop distance must not exceed the accelerate-stop distance available;

| (2) | The take-off distance must not exceed the take-off distance available, with a clearway distance not exceeding half of the take-off run available; |
| --- | --- |

(2)

The take-off distance must not exceed the take-off distance available, with a clearway distance not exceeding half of the take-off run available;

| (3) | The take-off run must not exceed the take-off run available; |
| --- | --- |

(3)

The take-off run must not exceed the take-off run available;

| (4) | Compliance with this paragraph must be shown using a single value of V1 for the rejected and continued take-off; and |
| --- | --- |

(4)

Compliance with this paragraph must be shown using a single value of V1 for the rejected and continued take-off; and

| (5) | On a wet or contaminated runway, the take-off mass must not exceed that permitted for a take-off on a dry runway under the same conditions. |
| --- | --- |

(5)

On a wet or contaminated runway, the take-off mass must not exceed that permitted for a take-off on a dry runway under the same conditions.

| (c) | When showing compliance with sub-paragraph (b) above, an operator must take account of the following:






  (1) | The pressure altitude at the aerodrome; |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (b) above, an operator must take account of the following:

(1)

The pressure altitude at the aerodrome;

| (2) | The ambient temperature at the aerodrome; |
| --- | --- |

(2)

The ambient temperature at the aerodrome;

| (3) | The runway surface condition and the type of runway surface; |
| --- | --- |

(3)

The runway surface condition and the type of runway surface;

| (4) | The runway slope in the direction of take-off; |
| --- | --- |

(4)

The runway slope in the direction of take-off;

| (5) | Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tailwind component; and |
| --- | --- |

(5)

Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tailwind component; and

| (6) | The loss, if any, of runway length due to alignment of the aeroplane prior to take-off. |
| --- | --- |

(6)

The loss, if any, of runway length due to alignment of the aeroplane prior to take-off.

OPS 1.495

Take-off obstacle clearance

| (a) | An operator shall ensure that the net take-off flight path clears all obstacles by a vertical distance of at least 35 ft or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance the aeroplane has travelled from the end of the take-off distance available or the end of the take-off distance if a turn is scheduled before the end of the take-off distance available. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used. |
| --- | --- |

(a)

An operator shall ensure that the net take-off flight path clears all obstacles by a vertical distance of at least 35 ft or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance the aeroplane has travelled from the end of the take-off distance available or the end of the take-off distance if a turn is scheduled before the end of the take-off distance available. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used.

| (b) | When showing compliance with sub-paragraph (a) above, an operator must take account of the following:






  (1) | The mass of the aeroplane at the commencement of the take-off run; |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above, an operator must take account of the following:

(1)

The mass of the aeroplane at the commencement of the take-off run;

| (2) | The pressure altitude at the aerodrome; |
| --- | --- |

(2)

The pressure altitude at the aerodrome;

| (3) | The ambient temperature at the aerodrome; and |
| --- | --- |

(3)

The ambient temperature at the aerodrome; and

| (4) | Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tailwind component. |
| --- | --- |

(4)

Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tailwind component.

| (c) | When showing compliance with sub-paragraph (a) above:






  (1) | Track changes shall not be allowed up to the point at which the net take-off flight path has achieved a height equal to one half the wingspan but not less than 50 ft above the elevation of the end of the take-off run available. Thereafter, up to a height of 400 ft it is assumed that the aeroplane is banked by no more than 15°. Above 400 ft height bank angles greater than 15°, but not more than 25° may be scheduled; |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (a) above:

(1)

Track changes shall not be allowed up to the point at which the net take-off flight path has achieved a height equal to one half the wingspan but not less than 50 ft above the elevation of the end of the take-off run available. Thereafter, up to a height of 400 ft it is assumed that the aeroplane is banked by no more than 15°. Above 400 ft height bank angles greater than 15°, but not more than 25° may be scheduled;

| (2) | Any part of the net take-off flight path in which the aeroplane is banked by more than 15° must clear all obstacles within the horizontal distances specified in sub-paragraphs (a), (d) and (e) of this paragraph by a vertical distance of at least 50 ft; and |
| --- | --- |

(2)

Any part of the net take-off flight path in which the aeroplane is banked by more than 15° must clear all obstacles within the horizontal distances specified in sub-paragraphs (a), (d) and (e) of this paragraph by a vertical distance of at least 50 ft; and

| (3) | An operator must use special procedures, subject to the approval of the Authority, to apply increased bank angles of not more than 20° between 200 ft and 400 ft, or not more than 30° above 400 ft (See Appendix 1 to OPS 1.495 (c) (3)). |
| --- | --- |

(3)

An operator must use special procedures, subject to the approval of the Authority, to apply increased bank angles of not more than 20° between 200 ft and 400 ft, or not more than 30° above 400 ft (See Appendix 1 to OPS 1.495 (c) (3)).

| (4) | Adequate allowance must be made for the effect of bank angle on operating speeds and flight path including the distance increments resulting from increased operating speeds. |
| --- | --- |

(4)

Adequate allowance must be made for the effect of bank angle on operating speeds and flight path including the distance increments resulting from increased operating speeds.

| (d) | When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 300 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or |
| --- | --- | --- |

(d)

When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

300 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or

| (2) | 600 m, for flights under all other conditions. |
| --- | --- |

(2)

600 m, for flights under all other conditions.

| (e) | When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 600 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or |
| --- | --- | --- |

(e)

When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

600 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or

| (2) | 900 m for flights under all other conditions. |
| --- | --- |

(2)

900 m for flights under all other conditions.

| (f) | An operator shall establish contingency procedures to satisfy the requirements of OPS 1.495 and to provide a safe route, avoiding obstacles, to enable the aeroplane to either comply with the en-route requirements of OPS 1.500, or land at either the aerodrome of departure or at a take-off alternate aerodrome. |
| --- | --- |

(f)

An operator shall establish contingency procedures to satisfy the requirements of OPS 1.495 and to provide a safe route, avoiding obstacles, to enable the aeroplane to either comply with the en-route requirements of OPS 1.500, or land at either the aerodrome of departure or at a take-off alternate aerodrome.

OPS 1.500

En-route — One Engine Inoperative

| (a) | An operator shall ensure that the one engine inoperative en-route net flight path data shown in the Aeroplane Flight Manual, appropriate to the meteorological conditions expected for the flight, complies with either sub-paragraph (b) or (c) at all points along the route. The net flight path must have a positive gradient at 1 500 ft above the aerodrome where the landing is assumed to be made after engine failure. In meteorological conditions requiring the operation of ice protection systems, the effect of their use on the net flight path must be taken into account. |
| --- | --- |

(a)

An operator shall ensure that the one engine inoperative en-route net flight path data shown in the Aeroplane Flight Manual, appropriate to the meteorological conditions expected for the flight, complies with either sub-paragraph (b) or (c) at all points along the route. The net flight path must have a positive gradient at 1 500 ft above the aerodrome where the landing is assumed to be made after engine failure. In meteorological conditions requiring the operation of ice protection systems, the effect of their use on the net flight path must be taken into account.

| (b) | The gradient of the net flight path must be positive at least 1 000 ft above all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track. |
| --- | --- |

(b)

The gradient of the net flight path must be positive at least 1 000 ft above all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track.

| (c) | The net flight path must permit the aeroplane to continue flight from the cruising altitude to an aerodrome where a landing can be made in accordance with OPS 1.515 or 1.520 as appropriate, the net flight path clearing vertically, by at least 2 000 ft, all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track in accordance with sub-paragraphs (1) to (4) below:






  (1) | The engine is assumed to fail at the most critical point along the route; |
| --- | --- | --- |

(c)

The net flight path must permit the aeroplane to continue flight from the cruising altitude to an aerodrome where a landing can be made in accordance with OPS 1.515 or 1.520 as appropriate, the net flight path clearing vertically, by at least 2 000 ft, all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track in accordance with sub-paragraphs (1) to (4) below:

(1)

The engine is assumed to fail at the most critical point along the route;

| (2) | Account is taken of the effects of winds on the flight path; |
| --- | --- |

(2)

Account is taken of the effects of winds on the flight path;

| (3) | Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used; and |
| --- | --- |

(3)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used; and

| (4) | The aerodrome where the aeroplane is assumed to land after engine failure must meet the following criteria:






  (i) | The performance requirements at the expected landing mass are met; and |
| --- | --- | --- |

(4)

The aerodrome where the aeroplane is assumed to land after engine failure must meet the following criteria:

(i)

The performance requirements at the expected landing mass are met; and

| (ii) | Weather reports or forecasts, or any combination thereof, and field condition reports indicate that a safe landing can be accomplished at the estimated time of landing. |
| --- | --- |

(ii)

Weather reports or forecasts, or any combination thereof, and field condition reports indicate that a safe landing can be accomplished at the estimated time of landing.

| (d) | When showing compliance with OPS 1.500, an operator must increase the width margins of subparagraphs (b) and (c) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level. |
| --- | --- |

(d)

When showing compliance with OPS 1.500, an operator must increase the width margins of subparagraphs (b) and (c) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level.

OPS 1.505

En-route — Aeroplanes With Three Or More Engines, Two Engines Inoperative

| (a) | An operator shall ensure that at no point along the intended track will an aeroplane having three or more engines be more than 90 minutes, at the all-engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met unless it complies with sub-paragraphs (b) to (f) below. |
| --- | --- |

(a)

An operator shall ensure that at no point along the intended track will an aeroplane having three or more engines be more than 90 minutes, at the all-engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met unless it complies with sub-paragraphs (b) to (f) below.

| (b) | The two engines inoperative en-route net flight path data must permit the aeroplane to continue the flight, in the expected meteorological conditions, from the point where two engines are assumed to fail simultaneously, to an aerodrome at which it is possible to land and come to a complete stop when using the prescribed procedure for a landing with two engines inoperative. The net flight path must clear vertically, by at least 2 000 ft all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track. At altitudes and in meteorological conditions requiring ice protection systems to be operable, the effect of their use on the net flight path data must be taken into account. If the navigational accuracy does not meet the 95 % containment level, an operator must increase the width margin given above to 18,5 km (10 nm). |
| --- | --- |

(b)

The two engines inoperative en-route net flight path data must permit the aeroplane to continue the flight, in the expected meteorological conditions, from the point where two engines are assumed to fail simultaneously, to an aerodrome at which it is possible to land and come to a complete stop when using the prescribed procedure for a landing with two engines inoperative. The net flight path must clear vertically, by at least 2 000 ft all terrain and obstructions along the route within 9,3 km (5 nm) on either side of the intended track. At altitudes and in meteorological conditions requiring ice protection systems to be operable, the effect of their use on the net flight path data must be taken into account. If the navigational accuracy does not meet the 95 % containment level, an operator must increase the width margin given above to 18,5 km (10 nm).

| (c) | The two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than 90 minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met. |
| --- | --- |

(c)

The two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than 90 minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met.

| (d) | The net flight path must have a positive gradient at 1 500 ft above the aerodrome where the landing is assumed to be made after the failure of two engines. |
| --- | --- |

(d)

The net flight path must have a positive gradient at 1 500 ft above the aerodrome where the landing is assumed to be made after the failure of two engines.

| (e) | Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used. |
| --- | --- |

(e)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used.

| (f) | The expected mass of the aeroplane at the point where the two engines are assumed to fail must not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at least 1 500 ft directly over the landing area and thereafter to fly level for 15 minutes. |
| --- | --- |

(f)

The expected mass of the aeroplane at the point where the two engines are assumed to fail must not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at least 1 500 ft directly over the landing area and thereafter to fly level for 15 minutes.

OPS 1.510

Landing — Destination And Alternate Aerodromes

| (a) | An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) does not exceed the maximum landing mass specified for the altitude and the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome. |
| --- | --- |

(a)

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) does not exceed the maximum landing mass specified for the altitude and the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome.

| (b) | For instrument approaches with a missed approach gradient greater than 2,5 % an operator shall verify that the expected landing mass of the aeroplane allows a missed approach with a climb gradient equal to or greater than the applicable missed approach gradient in the one-engine inoperative missed approach configuration and speed (see applicable requirements on certification of large aeroplanes). The use of an alternative method must be approved by the Authority. |
| --- | --- |

(b)

For instrument approaches with a missed approach gradient greater than 2,5 % an operator shall verify that the expected landing mass of the aeroplane allows a missed approach with a climb gradient equal to or greater than the applicable missed approach gradient in the one-engine inoperative missed approach configuration and speed (see applicable requirements on certification of large aeroplanes). The use of an alternative method must be approved by the Authority.

| (c) | For instrument approaches with decision heights below 200 ft, an operator must verify that the expected landing mass of the aeroplane allows a missed approach gradient of climb, with the critical engine failed and with the speed and configuration used for go-around of at least 2,5 %, or the published gradient, whichever is the greater (see CS AWO 243). The use of an alternative method must be approved by the Authority. |
| --- | --- |

(c)

For instrument approaches with decision heights below 200 ft, an operator must verify that the expected landing mass of the aeroplane allows a missed approach gradient of climb, with the critical engine failed and with the speed and configuration used for go-around of at least 2,5 %, or the published gradient, whichever is the greater (see CS AWO 243). The use of an alternative method must be approved by the Authority.

OPS 1.515

Landing — Dry Runways

| (a) | An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing at the destination aerodrome and at any alternate aerodrome allows a full stop landing from 50 ft above the threshold:






  (1) | For turbo-jet powered aeroplanes, within 60 % of the landing distance available; or |
| --- | --- | --- |

(a)

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing at the destination aerodrome and at any alternate aerodrome allows a full stop landing from 50 ft above the threshold:

(1)

For turbo-jet powered aeroplanes, within 60 % of the landing distance available; or

| (2) | For turbo-propeller powered aeroplanes, within 70 % of the landing distance available; |
| --- | --- |

(2)

For turbo-propeller powered aeroplanes, within 70 % of the landing distance available;

| (3) | For Steep Approach procedures the Authority may approve the use of landing distance Data factored in accordance with sub-paragraphs (a)(1) and (a)(2) above as appropriate, based on a screen height of less than 50 ft, but not less than 35 ft (See Appendix 1 to OPS 1.515(a)(3)); |
| --- | --- |

(3)

For Steep Approach procedures the Authority may approve the use of landing distance Data factored in accordance with sub-paragraphs (a)(1) and (a)(2) above as appropriate, based on a screen height of less than 50 ft, but not less than 35 ft (See Appendix 1 to OPS 1.515(a)(3));

| (4) | When showing compliance with sub-paragraphs (a)(1) and (a)(2) above, the Authority may exceptionally approve, when satisfied that there is a need (see Appendix 1), the use of Short Landing Operations, in accordance with Appendices 1 and 2 together with any other supplementary conditions that the Authority considers necessary in order to ensure an acceptable level of safety in the particular case. |
| --- | --- |

(4)

When showing compliance with sub-paragraphs (a)(1) and (a)(2) above, the Authority may exceptionally approve, when satisfied that there is a need (see Appendix 1), the use of Short Landing Operations, in accordance with Appendices 1 and 2 together with any other supplementary conditions that the Authority considers necessary in order to ensure an acceptable level of safety in the particular case.

| (b) | When showing compliance with sub-paragraph (a) above, an operator must take account of the following:






  (1) | The altitude at the aerodrome; |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above, an operator must take account of the following:

(1)

The altitude at the aerodrome;

| (2) | Not more than 50 % of the head-wind component or not less than 150 % of the tailwind component; and |
| --- | --- |

(2)

Not more than 50 % of the head-wind component or not less than 150 % of the tailwind component; and

| (3) | The runway slope in the direction of landing if greater than +/– 2 %. |
| --- | --- |

(3)

The runway slope in the direction of landing if greater than +/– 2 %.

| (c) | When showing compliance with sub-paragraph (a) above, it must be assumed that:






  (1) | The aeroplane will land on the most favourable runway, in still air; and |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (a) above, it must be assumed that:

(1)

The aeroplane will land on the most favourable runway, in still air; and

| (2) | The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain. |
| --- | --- |

(2)

The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain.

| (d) | If an operator is unable to comply with sub-paragraph (c)(1) above for a destination aerodrome having a single runway where a landing depends upon a specified wind component, an aeroplane may be despatched if 2 alternate aerodromes are designated which permit full compliance with sub-paragraphs (a), (b) and (c). Before commencing an approach to land at the destination aerodrome the commander must satisfy himself/herself that a landing can be made in full compliance with OPS 1.510 and sub-paragraphs (a) and (b) above. |
| --- | --- |

(d)

If an operator is unable to comply with sub-paragraph (c)(1) above for a destination aerodrome having a single runway where a landing depends upon a specified wind component, an aeroplane may be despatched if 2 alternate aerodromes are designated which permit full compliance with sub-paragraphs (a), (b) and (c). Before commencing an approach to land at the destination aerodrome the commander must satisfy himself/herself that a landing can be made in full compliance with OPS 1.510 and sub-paragraphs (a) and (b) above.

| (e) | If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c). |
| --- | --- |

(e)

If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c).

OPS 1.520

Landing — Wet and contaminated runways

| (a) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is at least 115 % of the required landing distance, determined in accordance with OPS 1.515. |
| --- | --- |

(a)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is at least 115 % of the required landing distance, determined in accordance with OPS 1.515.

| (b) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance available must be at least the landing distance determined in accordance with sub-paragraph (a) above, or at least 115 % of the landing distance determined in accordance with approved contaminated landing distance data or equivalent, accepted by the Authority, whichever is greater. |
| --- | --- |

(b)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance available must be at least the landing distance determined in accordance with sub-paragraph (a) above, or at least 115 % of the landing distance determined in accordance with approved contaminated landing distance data or equivalent, accepted by the Authority, whichever is greater.

| (c) | A landing distance on a wet runway shorter than that required by sub-paragraph (a) above, but not less than that required by OPS 1.515 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on wet runways. |
| --- | --- |

(c)

A landing distance on a wet runway shorter than that required by sub-paragraph (a) above, but not less than that required by OPS 1.515 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on wet runways.

| (d) | A landing distance on a specially prepared contaminated runway shorter than that required by sub-paragraph (b) above, but not less than that required by OPS 1.515 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on contaminated runways. |
| --- | --- |

(d)

A landing distance on a specially prepared contaminated runway shorter than that required by sub-paragraph (b) above, but not less than that required by OPS 1.515 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on contaminated runways.

| (e) | When showing compliance with sub-paragraphs (b), (c) and (d) above, the criteria of OPS 1.515 shall be applied accordingly except that OPS 1.515 (a)(1) and (2) shall not be applied to sub-paragraph (b) above. |
| --- | --- |

(e)

When showing compliance with sub-paragraphs (b), (c) and (d) above, the criteria of OPS 1.515 shall be applied accordingly except that OPS 1.515 (a)(1) and (2) shall not be applied to sub-paragraph (b) above.

Appendix 1 to OPS 1.495 (c)(3)

Approval of increased bank angles

| (a) | For the use of the increased bank angles requiring special approval, the following criteria shall be met:






  (1) | The Aeroplane Flight Manual must contain approved data for the required increase of operating speed and data to allow the construction of the flight path considering the increased bank angles and speeds. |
| --- | --- | --- |

(a)

For the use of the increased bank angles requiring special approval, the following criteria shall be met:

(1)

The Aeroplane Flight Manual must contain approved data for the required increase of operating speed and data to allow the construction of the flight path considering the increased bank angles and speeds.

| (2) | Visual guidance must be available for navigation accuracy. |
| --- | --- |

(2)

Visual guidance must be available for navigation accuracy.

| (3) | Weather minima and wind limitations must be specified for each runway and approved by the Authority. |
| --- | --- |

(3)

Weather minima and wind limitations must be specified for each runway and approved by the Authority.

| (4) | Training in accordance with OPS 1.975. |
| --- | --- |

(4)

Training in accordance with OPS 1.975.

Appendix 1 to OPS 1.515 (a)(3)

Steep Approach Procedures

| (a) | The Authority may approve the application of Steep Approach procedures using glide slope angles of 4,5° or more and with screen heights of less than 50 ft but not less than 35 ft, provided that the following criteria are met:






  (1) | The Aeroplane Flight Manual must state the maximum approved glide slope angle, any other limitations, normal, abnormal or emergency procedures for the steep approach as well as amendments to the field length data when using steep approach criteria; |
| --- | --- | --- |

(a)

The Authority may approve the application of Steep Approach procedures using glide slope angles of 4,5° or more and with screen heights of less than 50 ft but not less than 35 ft, provided that the following criteria are met:

(1)

The Aeroplane Flight Manual must state the maximum approved glide slope angle, any other limitations, normal, abnormal or emergency procedures for the steep approach as well as amendments to the field length data when using steep approach criteria;

| (2) | A suitable glide path reference system comprising at least a visual glide path indicating system must be available at each aerodrome at which steep approach procedures are to be conducted; and |
| --- | --- |

(2)

A suitable glide path reference system comprising at least a visual glide path indicating system must be available at each aerodrome at which steep approach procedures are to be conducted; and

| (3) | Weather minima must be specified and approved for each runway to be used with a steep approach. Consideration must be given to the following:






  (i) | The obstacle situation; |
| --- | --- | --- |

(3)

Weather minima must be specified and approved for each runway to be used with a steep approach. Consideration must be given to the following:

(i)

The obstacle situation;

| (ii) | The type of glide path reference and runway guidance such as visual aids, MLS, 3D-NAV, ILS, LLZ, VOR, NDB; |
| --- | --- |

(ii)

The type of glide path reference and runway guidance such as visual aids, MLS, 3D-NAV, ILS, LLZ, VOR, NDB;

| (iii) | The minimum visual reference to be required at DH and MDA; |
| --- | --- |

(iii)

The minimum visual reference to be required at DH and MDA;

| (iv) | Available airborne equipment; |
| --- | --- |

(iv)

Available airborne equipment;

| (v) | Pilot qualification and special aerodrome familiarisation; |
| --- | --- |

(v)

Pilot qualification and special aerodrome familiarisation;

| (vi) | Aeroplane Flight Manual limitations and procedures; and |
| --- | --- |

(vi)

Aeroplane Flight Manual limitations and procedures; and

| (vii) | Missed approach criteria. |
| --- | --- |

(vii)

Missed approach criteria.

Appendix 1 to OPS 1.515 (a)(4)

Short Landing Operations

| (a) | For the purpose of OPS 1. 515 (a)(4), the distance used for the calculation of the permitted landing mass may consist of the usable length of the declared safe area plus the declared landing distance available. The Authority may approve such operations in accordance with the following criteria:






  (1) | Demonstration of the need for Short Landing Operations. There must be a clear public interest and operational necessity for the operation, either due to the remoteness of the airport or to physical limitations relating to extending the runway. |
| --- | --- | --- |

(a)

For the purpose of OPS 1. 515 (a)(4), the distance used for the calculation of the permitted landing mass may consist of the usable length of the declared safe area plus the declared landing distance available. The Authority may approve such operations in accordance with the following criteria:

(1)

Demonstration of the need for Short Landing Operations. There must be a clear public interest and operational necessity for the operation, either due to the remoteness of the airport or to physical limitations relating to extending the runway.

| (2) | Aeroplane and Operational Criteria.






  (i) | Short landing operations will only be approved for aeroplanes where the vertical distance between the path of the pilot's eye and the path of the lowest part of the wheels, with the aeroplane established on the normal glide path, does not exceed 3 metres. |
| --- | --- | --- |

(2)

Aeroplane and Operational Criteria.

(i)

Short landing operations will only be approved for aeroplanes where the vertical distance between the path of the pilot's eye and the path of the lowest part of the wheels, with the aeroplane established on the normal glide path, does not exceed 3 metres.

| (ii) | When establishing aerodrome operating minima the visibility/RVR must not be less than 1,5 km. In addition, wind limitations must be specified in the Operations Manual. |
| --- | --- |

(ii)

When establishing aerodrome operating minima the visibility/RVR must not be less than 1,5 km. In addition, wind limitations must be specified in the Operations Manual.

| (iii) | Minimum pilot experience, training requirements and special aerodrome familiarisation must be specified for such operations in the Operations Manual. |
| --- | --- |

(iii)

Minimum pilot experience, training requirements and special aerodrome familiarisation must be specified for such operations in the Operations Manual.

| (3) | It is assumed that the crossing height over the beginning of the usable length of the declared safe area is 50 ft. |
| --- | --- |

(3)

It is assumed that the crossing height over the beginning of the usable length of the declared safe area is 50 ft.

| (4) | Additional criteria. The Authority may impose such additional conditions as are deemed necessary for a safe operation taking into account the aeroplane type characteristics, orographic characteristics in the approach area, available approach aids and missed approach/baulked landing considerations. Such additional conditions may be, for instance, the requirement for VASI/PAPI-type visual slope indicator system. |
| --- | --- |

(4)

Additional criteria. The Authority may impose such additional conditions as are deemed necessary for a safe operation taking into account the aeroplane type characteristics, orographic characteristics in the approach area, available approach aids and missed approach/baulked landing considerations. Such additional conditions may be, for instance, the requirement for VASI/PAPI-type visual slope indicator system.

Appendix 2 to OPS 1.515 (a)(4)

Airfield Criteria for Short Landing Operations

| (a) | The use of the safe area must be approved by the airport authority. |
| --- | --- |

(a)

The use of the safe area must be approved by the airport authority.

| (b) | The useable length of the declared safe area under the provisions of 1.515 (a)(4), and this Appendix, must not exceed 90 meters. |
| --- | --- |

(b)

The useable length of the declared safe area under the provisions of 1.515 (a)(4), and this Appendix, must not exceed 90 meters.

| (c) | The width of the declared safe area shall not be less than twice the runway width or twice the wing span, whichever is the greater, centred on the extended runway centre line. |
| --- | --- |

(c)

The width of the declared safe area shall not be less than twice the runway width or twice the wing span, whichever is the greater, centred on the extended runway centre line.

| (d) | The declared safe area must be clear of obstructions or depressions which would endanger an aeroplane undershooting the runway and no mobile object shall be permitted on the declared safety area while the runway is being used for short landing operations. |
| --- | --- |

(d)

The declared safe area must be clear of obstructions or depressions which would endanger an aeroplane undershooting the runway and no mobile object shall be permitted on the declared safety area while the runway is being used for short landing operations.

| (e) | The slope of the declared safety area must not exceed 5 % upward nor 2 % downward in the direction of landing. |
| --- | --- |

(e)

The slope of the declared safety area must not exceed 5 % upward nor 2 % downward in the direction of landing.

| (f) | For the purpose of this operation, the bearing strength requirement of OPS 1.480 (a)(5) need not apply to the declared safe area. |
| --- | --- |

(f)

For the purpose of this operation, the bearing strength requirement of OPS 1.480 (a)(5) need not apply to the declared safe area.

SUBPART H

PERFORMANCE CLASS B

OPS 1.525

General

| (a) | An operator shall not operate a single-engine aeroplane:






  (1) | At night; or |
| --- | --- | --- |

(a)

An operator shall not operate a single-engine aeroplane:

(1)

At night; or

| (2) | In Instrument Meteorological Conditions except under Special Visual Flight Rules. |
| --- | --- |

(2)

In Instrument Meteorological Conditions except under Special Visual Flight Rules.

Note: Limitations on the operation of single-engine aeroplanes are covered by OPS 1.240 (a)(6).

| (b) | An operator shall treat two-engine aeroplanes which do not meet the climb requirements of Appendix 1 to OPS 1.525 (b) as single-engine aeroplanes. |
| --- | --- |

(b)

An operator shall treat two-engine aeroplanes which do not meet the climb requirements of Appendix 1 to OPS 1.525 (b) as single-engine aeroplanes.

OPS 1.530

Take-off

| (a) | An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made. |
| --- | --- |

(a)

An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made.

| (b) | An operator shall ensure that the unfactored take-off distance, as specified in the Aeroplane Flight Manual does not exceed:






  (1) | When multiplied by a factor of 1,25, the take-off run available; or |
| --- | --- | --- |

(b)

An operator shall ensure that the unfactored take-off distance, as specified in the Aeroplane Flight Manual does not exceed:

(1)

When multiplied by a factor of 1,25, the take-off run available; or

| (2) | When stop way and/or clearway is available, the following:






  (i) | The take-off run available; |
| --- | --- | --- |

(2)

When stop way and/or clearway is available, the following:

(i)

The take-off run available;

| (ii) | When multiplied by a factor of 1,15, the take-off distance available; and |
| --- | --- |

(ii)

When multiplied by a factor of 1,15, the take-off distance available; and

| (iii) | When multiplied by a factor of 1,3, the accelerate-stop distance available. |
| --- | --- |

(iii)

When multiplied by a factor of 1,3, the accelerate-stop distance available.

| (c) | When showing compliance with sub-paragraph (b) above, an operator shall take account of the following:






  (1) | The mass of the aeroplane at the commencement of the take-off run; |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (b) above, an operator shall take account of the following:

(1)

The mass of the aeroplane at the commencement of the take-off run;

| (2) | The pressure altitude at the aerodrome; |
| --- | --- |

(2)

The pressure altitude at the aerodrome;

| (3) | The ambient temperature at the aerodrome; |
| --- | --- |

(3)

The ambient temperature at the aerodrome;

| (4) | The runway surface condition and the type of runway surface |
| --- | --- |

(4)

The runway surface condition and the type of runway surface

| (5) | The runway slope in the direction of take-off and |
| --- | --- |

(5)

The runway slope in the direction of take-off and

| (6) | Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component. |
| --- | --- |

(6)

Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component.

OPS 1.535

Take-off Obstacle Clearance — Multi-Engined Aeroplanes

| (a) | An operator shall ensure that the take-off flight path of aeroplanes with two or more engines, determined in accordance with this sub-paragraph, clears all obstacles by a vertical margin of at least 50 ft, or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance travelled by the aeroplane from the end of the take-off distance available or the end of the take-off distance if a turn is scheduled before the end of the take-off distance available except as provided in sub-paragraphs (b) and (c) below. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used. When showing compliance with this sub-paragraph it must be assumed that:






  (1) | The take-off flight path begins at a height of 50 ft above the surface at the end of the take-off distance required by OPS 1.530 (b) and ends at a height of 1 500 ft above the surface; |
| --- | --- | --- |

(a)

An operator shall ensure that the take-off flight path of aeroplanes with two or more engines, determined in accordance with this sub-paragraph, clears all obstacles by a vertical margin of at least 50 ft, or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance travelled by the aeroplane from the end of the take-off distance available or the end of the take-off distance if a turn is scheduled before the end of the take-off distance available except as provided in sub-paragraphs (b) and (c) below. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used. When showing compliance with this sub-paragraph it must be assumed that:

(1)

The take-off flight path begins at a height of 50 ft above the surface at the end of the take-off distance required by OPS 1.530 (b) and ends at a height of 1 500 ft above the surface;

| (2) | The aeroplane is not banked before the aeroplane has reached a height of 50 ft above the surface, and that thereafter the angle of bank does not exceed 15°; |
| --- | --- |

(2)

The aeroplane is not banked before the aeroplane has reached a height of 50 ft above the surface, and that thereafter the angle of bank does not exceed 15°;

| (3) | Failure of the critical engine occurs at the point on the all engine take-off flight path where visual reference for the purpose of avoiding obstacles is expected to be lost; |
| --- | --- |

(3)

Failure of the critical engine occurs at the point on the all engine take-off flight path where visual reference for the purpose of avoiding obstacles is expected to be lost;

| (4) | The gradient of the take-off flight path from 50 ft to the assumed engine failure height is equal to the average all-engine gradient during climb and transition to the en-route configuration, multiplied by a factor of 0,77; and |
| --- | --- |

(4)

The gradient of the take-off flight path from 50 ft to the assumed engine failure height is equal to the average all-engine gradient during climb and transition to the en-route configuration, multiplied by a factor of 0,77; and

| (5) | The gradient of the take-off flight path from the height reached in accordance with sub-paragraph (4) above to the end of the take-off flight path is equal to the one engine inoperative en-route climb gradient shown in the Aeroplane Flight Manual. |
| --- | --- |

(5)

The gradient of the take-off flight path from the height reached in accordance with sub-paragraph (4) above to the end of the take-off flight path is equal to the one engine inoperative en-route climb gradient shown in the Aeroplane Flight Manual.

| (b) | When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 300 m, if the flight is conducted under conditions allowing visual course guidance navigation, or if navigational aids are available enabling the pilot to maintain the intended flight path with the same accuracy (see Appendix 1 to OPS 1.535 (b)(1) & (c)(1)); or |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above for those cases where the intended flight path does not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

300 m, if the flight is conducted under conditions allowing visual course guidance navigation, or if navigational aids are available enabling the pilot to maintain the intended flight path with the same accuracy (see Appendix 1 to OPS 1.535 (b)(1) & (c)(1)); or

| (2) | 600 m, for flights under all other conditions. |
| --- | --- |

(2)

600 m, for flights under all other conditions.

| (c) | When showing compliance with sub-paragraph (a) above for those cases where the intended flight path requires track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 600 m for flights under conditions allowing visual course guidance navigation (see Appendix 1 to OPS 1.535 (b)(1) & (c)(1)); |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (a) above for those cases where the intended flight path requires track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

600 m for flights under conditions allowing visual course guidance navigation (see Appendix 1 to OPS 1.535 (b)(1) & (c)(1));

| (2) | 900 m for flights under all other conditions. |
| --- | --- |

(2)

900 m for flights under all other conditions.

| (d) | When showing compliance with sub-paragraphs (a), (b) and (c) above, an operator must take account of the following:






  (1) | The mass of the aeroplane at the commencement of the take-off run; |
| --- | --- | --- |

(d)

When showing compliance with sub-paragraphs (a), (b) and (c) above, an operator must take account of the following:

(1)

The mass of the aeroplane at the commencement of the take-off run;

| (2) | The pressure altitude at the aerodrome; |
| --- | --- |

(2)

The pressure altitude at the aerodrome;

| (3) | The ambient temperature at the aerodrome; and |
| --- | --- |

(3)

The ambient temperature at the aerodrome; and

| (4) | Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component. |
| --- | --- |

(4)

Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component.

OPS 1.540

En-Route — Multi-engined aeroplanes

| (a) | An operator shall ensure that the aeroplane, in the meteorological conditions expected for the flight, and in the event of the failure of one engine, with the remaining engines operating within the maximum continuous power conditions specified, is capable of continuing flight at or above the relevant minimum altitudes for safe flight stated in the Operations Manual to a point 1 000 ft above an aerodrome at which the performance requirements can be met. |
| --- | --- |

(a)

An operator shall ensure that the aeroplane, in the meteorological conditions expected for the flight, and in the event of the failure of one engine, with the remaining engines operating within the maximum continuous power conditions specified, is capable of continuing flight at or above the relevant minimum altitudes for safe flight stated in the Operations Manual to a point 1 000 ft above an aerodrome at which the performance requirements can be met.

| (b) | When showing compliance with sub-paragraph (a) above:






  (1) | The aeroplane must not be assumed to be flying at an altitude exceeding that at which the rate of climb equals 300 ft per minute with all engines operating within the maximum continuous power conditions specified; and |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above:

(1)

The aeroplane must not be assumed to be flying at an altitude exceeding that at which the rate of climb equals 300 ft per minute with all engines operating within the maximum continuous power conditions specified; and

| (2) | The assumed en-route gradient with one engine inoperative shall be the gross gradient of descent or climb, as appropriate, respectively increased by a gradient of 0,5 %, or decreased by a gradient of 0,5 %. |
| --- | --- |

(2)

The assumed en-route gradient with one engine inoperative shall be the gross gradient of descent or climb, as appropriate, respectively increased by a gradient of 0,5 %, or decreased by a gradient of 0,5 %.

OPS 1.542

En-Route — Single-engine aeroplanes

| (a) | An operator shall ensure that the aeroplane, in the meteorological conditions expected for the flight, and in the event of engine failure, is capable of reaching a place at which a safe forced landing can be made. For landplanes, a place on land is required, unless otherwise approved by the Authority. |
| --- | --- |

(a)

An operator shall ensure that the aeroplane, in the meteorological conditions expected for the flight, and in the event of engine failure, is capable of reaching a place at which a safe forced landing can be made. For landplanes, a place on land is required, unless otherwise approved by the Authority.

| (b) | When showing compliance with sub-paragraph (a) above:






  (1) | The aeroplane must not be assumed to be flying, with the engine operating within the maximum continuous power conditions specified, at an altitude exceeding that at which the rate of climb equals 300 ft per minute; and |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above:

(1)

The aeroplane must not be assumed to be flying, with the engine operating within the maximum continuous power conditions specified, at an altitude exceeding that at which the rate of climb equals 300 ft per minute; and

| (2) | The assumed en-route gradient shall be the gross gradient of descent increased by a gradient of 0,5 %. |
| --- | --- |

(2)

The assumed en-route gradient shall be the gross gradient of descent increased by a gradient of 0,5 %.

OPS 1.545

Landing — Destination and Alternate Aerodromes

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) does not exceed the maximum landing mass specified for the altitude and the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome.

OPS 1.550

Landing — Dry runway

| (a) | An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing allows a full stop landing from 50 ft above the threshold within 70 % of the landing distance available at the destination aerodrome and at any alternate aerodrome.






  (1) | The Authority may approve the use of landing distance data factored in accordance with this paragraph based on a screen height of less than 50 ft, but not less than 35 ft (see Appendix 1 to OPS 1.550 (a)); |
| --- | --- | --- |

(a)

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing allows a full stop landing from 50 ft above the threshold within 70 % of the landing distance available at the destination aerodrome and at any alternate aerodrome.

(1)

The Authority may approve the use of landing distance data factored in accordance with this paragraph based on a screen height of less than 50 ft, but not less than 35 ft (see Appendix 1 to OPS 1.550 (a));

| (2) | The Authority may approve Short Landing Operations, in accordance with the criteria in Appendix 2 to OPS 1.550 (a). |
| --- | --- |

(2)

The Authority may approve Short Landing Operations, in accordance with the criteria in Appendix 2 to OPS 1.550 (a).

| (b) | When showing compliance with sub-paragraph (a) above, an operator shall take account of the following:






  (1) | The altitude at the aerodrome; |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above, an operator shall take account of the following:

(1)

The altitude at the aerodrome;

| (2) | Not more than 50 % of the head-wind component or not less than 150 % of the tail-wind component. |
| --- | --- |

(2)

Not more than 50 % of the head-wind component or not less than 150 % of the tail-wind component.

| (3) | The runway surface condition and the type of runway surface; and |
| --- | --- |

(3)

The runway surface condition and the type of runway surface; and

| (4) | The runway slope in the direction of landing; |
| --- | --- |

(4)

The runway slope in the direction of landing;

| (c) | For despatching an aeroplane in accordance with sub-paragraph (a) above, it must be assumed that:






  (1) | The aeroplane will land on the most favourable runway, in still air; and |
| --- | --- | --- |

(c)

For despatching an aeroplane in accordance with sub-paragraph (a) above, it must be assumed that:

(1)

The aeroplane will land on the most favourable runway, in still air; and

| (2) | The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain. |
| --- | --- |

(2)

The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain.

| (d) | If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c) above. |
| --- | --- |

(d)

If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c) above.

OPS 1.555

Landing — Wet and Contaminated Runways

| (a) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is equal to or exceeds the required landing distance, determined in accordance with OPS 1.550, multiplied by a factor of 1,15. |
| --- | --- |

(a)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is equal to or exceeds the required landing distance, determined in accordance with OPS 1.550, multiplied by a factor of 1,15.

| (b) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance, determined by using data acceptable to the Authority for these conditions, does not exceed the landing distance available. |
| --- | --- |

(b)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance, determined by using data acceptable to the Authority for these conditions, does not exceed the landing distance available.

| (c) | A landing distance on a wet runway shorter than that required by sub-paragraph (a) above, but not less than that required by OPS 1.550 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on wet runways. |
| --- | --- |

(c)

A landing distance on a wet runway shorter than that required by sub-paragraph (a) above, but not less than that required by OPS 1.550 (a), may be used if the Aeroplane Flight Manual includes specific additional information about landing distances on wet runways.

Appendix 1 to OPS 1.525 (b)

General — Take-off and Landing Climb

(The requirements of this Appendix are based on JAR-23.63 (c)(1) and JAR-23.63 (c)(2), effective 11 March 1994)

| (a) | Take-off Climb






  (1) | All Engines Operating






  (i) | The steady gradient of climb after take-off must be at least 4 % with:






  (A) | Take-off power on each engine; |
| --- | --- | --- | --- | --- |

(a)

Take-off Climb

(1)

All Engines Operating

(i)

The steady gradient of climb after take-off must be at least 4 % with:

(A)

Take-off power on each engine;

| (B) | The landing gear extended except that if the landing gear can be retracted in not more than 7 seconds, it may be assumed to be retracted; |
| --- | --- |

(B)

The landing gear extended except that if the landing gear can be retracted in not more than 7 seconds, it may be assumed to be retracted;

| (C) | The wing flaps in the take-off position(s); and |
| --- | --- |

(C)

The wing flaps in the take-off position(s); and

| (D) | A climb speed not less than the greater of 1,1 VMC and 1,2 VS1. |
| --- | --- |

(D)

A climb speed not less than the greater of 1,1 VMC and 1,2 VS1.

| (2) | One Engine Inoperative






  (i) | The steady gradient of climb at an altitude of 400 ft above the take-off surface must be measurably positive with:






  (A) | The critical engine inoperative and its propeller in the minimum drag position; |
| --- | --- | --- | --- |

(2)

One Engine Inoperative

(i)

The steady gradient of climb at an altitude of 400 ft above the take-off surface must be measurably positive with:

(A)

The critical engine inoperative and its propeller in the minimum drag position;

| (B) | The remaining engine at take-off power; |
| --- | --- |

(B)

The remaining engine at take-off power;

| (C) | The landing gear retracted; |
| --- | --- |

(C)

The landing gear retracted;

| (D) | The wing flaps in the take-off position(s); and |
| --- | --- |

(D)

The wing flaps in the take-off position(s); and

| (E) | A climb speed equal to that achieved at 50 ft. |
| --- | --- |

(E)

A climb speed equal to that achieved at 50 ft.

| (ii) | The steady gradient of climb must be not less than 0,75 % at an altitude of 1 500 ft above the take-off surface with:






  (A) | The critical engine inoperative and its propeller in the minimum drag position; |
| --- | --- | --- |

(ii)

The steady gradient of climb must be not less than 0,75 % at an altitude of 1 500 ft above the take-off surface with:

(A)

The critical engine inoperative and its propeller in the minimum drag position;

| (B) | The remaining engine at not more than maximum continuous power; |
| --- | --- |

(B)

The remaining engine at not more than maximum continuous power;

| (C) | The landing gear retracted; |
| --- | --- |

(C)

The landing gear retracted;

| (D) | The wing flaps retracted; and |
| --- | --- |

(D)

The wing flaps retracted; and

| (E) | A climb speed not less than 1,2 VS1. |
| --- | --- |

(E)

A climb speed not less than 1,2 VS1.

| (b) | Landing Climb






  (1) | All Engines Operating






  (i) | The steady gradient of climb must be at least 2,5 % with:






  (A) | Not more than the power or thrust that is available 8 seconds after initiation of movement of the power controls from the minimum flight idle position; |
| --- | --- | --- | --- | --- |

(b)

Landing Climb

(1)

All Engines Operating

(i)

The steady gradient of climb must be at least 2,5 % with:

(A)

Not more than the power or thrust that is available 8 seconds after initiation of movement of the power controls from the minimum flight idle position;

| (B) | The landing gear extended; |
| --- | --- |

(B)

The landing gear extended;

| (C) | The wing flaps in the landing position; and |
| --- | --- |

(C)

The wing flaps in the landing position; and

| (D) | A climb speed equal to VREF. |
| --- | --- |

(D)

A climb speed equal to VREF.

| (2) | One engine Inoperative






  (i) | The steady gradient of climb must be not less than 0,75 % at an altitude of 1 500 ft above the landing surface with:






  (A) | The critical engine inoperative and its propeller in the minimum drag position; |
| --- | --- | --- | --- |

(2)

One engine Inoperative

(i)

The steady gradient of climb must be not less than 0,75 % at an altitude of 1 500 ft above the landing surface with:

(A)

The critical engine inoperative and its propeller in the minimum drag position;

| (B) | The remaining engine at not more than maximum continuous power; |
| --- | --- |

(B)

The remaining engine at not more than maximum continuous power;

| (C) | The landing gear retracted; |
| --- | --- |

(C)

The landing gear retracted;

| (D) | The wing flaps retracted; and |
| --- | --- |

(D)

The wing flaps retracted; and

| (E) | A climb speed not less than 1,2 VS1. |
| --- | --- |

(E)

A climb speed not less than 1,2 VS1.

Appendix 1 to OPS 1.535 (b)(1) & (c)(1)

Take-off Flight Path — Visual Course Guidance Navigation

In order to allow visual course guidance navigation, an operator must ensure that the weather conditions prevailing at the time of operation, including ceiling and visibility, are such that the obstacle and/or ground reference points can be seen and identified. The Operations Manual must specify, for the aerodrome(s) concerned, the minimum weather conditions which enable the flight crew to continuously determine and maintain the correct flight path with respect to ground reference points, so as to provide a safe clearance with respect to obstructions and terrain as follows:

| (a) | The procedure must be well defined with respect to ground reference points so that the track to be flown can be analysed for obstacle clearance requirements; |
| --- | --- |

(a)

The procedure must be well defined with respect to ground reference points so that the track to be flown can be analysed for obstacle clearance requirements;

| (b) | The procedure must be within the capabilities of the aeroplane with respect to forward speed, bank angle and wind effects; |
| --- | --- |

(b)

The procedure must be within the capabilities of the aeroplane with respect to forward speed, bank angle and wind effects;

| (c) | A written and/or pictorial description of the procedure must be provided for crew use; and |
| --- | --- |

(c)

A written and/or pictorial description of the procedure must be provided for crew use; and

| (d) | The limiting environmental conditions must be specified (e.g. wind, cloud, visibility, day/night, ambient lighting, obstruction lighting). |
| --- | --- |

(d)

The limiting environmental conditions must be specified (e.g. wind, cloud, visibility, day/night, ambient lighting, obstruction lighting).

Appendix 1 to OPS 1.550 (a)

Steep Approach Procedures

| (a) | The Authority may approve the application of Steep Approach procedures using glide slope angles of 4,5° or more, and with screen heights of less than 50 ft but not less than 35 ft, provided that the following criteria are met:






  (1) | The Aeroplane Flight Manual must state the maximum approved glide slope angle, any other limitations, normal, abnormal or emergency procedures for the steep approach as well as amendments to the field length data when using steep approach criteria; |
| --- | --- | --- |

(a)

The Authority may approve the application of Steep Approach procedures using glide slope angles of 4,5° or more, and with screen heights of less than 50 ft but not less than 35 ft, provided that the following criteria are met:

(1)

The Aeroplane Flight Manual must state the maximum approved glide slope angle, any other limitations, normal, abnormal or emergency procedures for the steep approach as well as amendments to the field length data when using steep approach criteria;

| (2) | A suitable glide path reference system, comprising at least a visual glide path indicating system, must be available at each aerodrome at which steep approach procedures are to be conducted; and |
| --- | --- |

(2)

A suitable glide path reference system, comprising at least a visual glide path indicating system, must be available at each aerodrome at which steep approach procedures are to be conducted; and

| (3) | Weather minima must be specified and approved for each runway to be used with a steep approach. Consideration must be given to the following:






  (i) | The obstacle situation; |
| --- | --- | --- |

(3)

Weather minima must be specified and approved for each runway to be used with a steep approach. Consideration must be given to the following:

(i)

The obstacle situation;

| (ii) | The type of glide path reference and runway guidance such as visual aids, MLS, 3D-NAV, ILS, LLZ, VOR, NDB; |
| --- | --- |

(ii)

The type of glide path reference and runway guidance such as visual aids, MLS, 3D-NAV, ILS, LLZ, VOR, NDB;

| (iii) | The minimum visual reference to be required at DH and MDA; |
| --- | --- |

(iii)

The minimum visual reference to be required at DH and MDA;

| (iv) | Available airborne equipment; |
| --- | --- |

(iv)

Available airborne equipment;

| (v) | Pilot qualification and special aerodrome familiarisation; |
| --- | --- |

(v)

Pilot qualification and special aerodrome familiarisation;

| (vi) | Aeroplane Flight Manual limitations and procedures; and |
| --- | --- |

(vi)

Aeroplane Flight Manual limitations and procedures; and

| (vii) | Missed approach criteria. |
| --- | --- |

(vii)

Missed approach criteria.

Appendix 2 to OPS 1.550 (a)

Short Landing Operations

| (a) | For the purpose of OPS 1.550 (a)(2), the distance used for the calculation of the permitted landing mass may consist of the usable length of the declared safe area plus the declared landing distance available. The Authority may approve such operations in accordance with the following criteria:






  (1) | The use of the declared safe area must be approved by the aerodrome Authority; |
| --- | --- | --- |

(a)

For the purpose of OPS 1.550 (a)(2), the distance used for the calculation of the permitted landing mass may consist of the usable length of the declared safe area plus the declared landing distance available. The Authority may approve such operations in accordance with the following criteria:

(1)

The use of the declared safe area must be approved by the aerodrome Authority;

| (2) | The declared safe area must be clear of obstructions or depressions which would endanger an aeroplane undershooting the runway, and no mobile object shall be permitted on the declared safe area while the runway is being used for short landing operations; |
| --- | --- |

(2)

The declared safe area must be clear of obstructions or depressions which would endanger an aeroplane undershooting the runway, and no mobile object shall be permitted on the declared safe area while the runway is being used for short landing operations;

| (3) | The slope of the declared safe area must not exceed 5 % upward slope nor 2 % downward slope in the direction of landing; |
| --- | --- |

(3)

The slope of the declared safe area must not exceed 5 % upward slope nor 2 % downward slope in the direction of landing;

| (4) | The useable length of the declared safe area under the provisions of this Appendix shall not exceed 90 metres; |
| --- | --- |

(4)

The useable length of the declared safe area under the provisions of this Appendix shall not exceed 90 metres;

| (5) | The width of the declared safe area shall not be less than twice the runway width, centred on the extended runway centreline; |
| --- | --- |

(5)

The width of the declared safe area shall not be less than twice the runway width, centred on the extended runway centreline;

| (6) | It is assumed that the crossing height over the beginning of the usable length of the declared safe area shall not be less than 50 ft; |
| --- | --- |

(6)

It is assumed that the crossing height over the beginning of the usable length of the declared safe area shall not be less than 50 ft;

| (7) | For the purpose of this operation, the bearing strength requirement of OPS 1.480 (a)(5) need not apply to the declared safe area; |
| --- | --- |

(7)

For the purpose of this operation, the bearing strength requirement of OPS 1.480 (a)(5) need not apply to the declared safe area;

| (8) | Weather minima must be specified and approved for each runway to be used and shall not be less than the greater of VFR or non precision approach minima; |
| --- | --- |

(8)

Weather minima must be specified and approved for each runway to be used and shall not be less than the greater of VFR or non precision approach minima;

| (9) | Pilot requirements must be specified (OPS 1.975 (a) refers); |
| --- | --- |

(9)

Pilot requirements must be specified (OPS 1.975 (a) refers);

| (10) | The Authority may impose such additional conditions as are necessary for safe operation taking into account the aeroplane type characteristics, approach aids and missed approach/baulked landing considerations. |
| --- | --- |

(10)

The Authority may impose such additional conditions as are necessary for safe operation taking into account the aeroplane type characteristics, approach aids and missed approach/baulked landing considerations.

SUBPART I

PERFORMANCE CLASS C

OPS 1.560

General

An operator shall ensure that, for determining compliance with the requirements of this Subpart, the approved performance Data in the Aeroplane Flight Manual is supplemented, as necessary, with other Data acceptable to the Authority if the approved performance Data in the Aeroplane Flight Manual is insufficient.

OPS 1.565

Take-off

| (a) | An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made. |
| --- | --- |

(a)

An operator shall ensure that the take-off mass does not exceed the maximum take-off mass specified in the Aeroplane Flight Manual for the pressure altitude and the ambient temperature at the aerodrome at which the take-off is to be made.

| (b) | An operator shall ensure that, for aeroplanes which have take-off field length data contained in their Aeroplane Flight Manuals that do not include engine failure accountability, the distance from the start of the take-off roll required by the aeroplane to reach a height of 50 ft above the surface with all engines operating within the maximum take-off power conditions specified, when multiplied by a factor of either:






  (1) | 1,33 for aeroplanes having two engines; or |
| --- | --- | --- |

(b)

An operator shall ensure that, for aeroplanes which have take-off field length data contained in their Aeroplane Flight Manuals that do not include engine failure accountability, the distance from the start of the take-off roll required by the aeroplane to reach a height of 50 ft above the surface with all engines operating within the maximum take-off power conditions specified, when multiplied by a factor of either:

(1)

1,33 for aeroplanes having two engines; or

| (2) | 1,25 for aeroplanes having three engines; or |
| --- | --- |

(2)

1,25 for aeroplanes having three engines; or

| (3) | 1,18 for aeroplanes having four engines, does not exceed the take-off run available at the aerodrome at which the take-off is to be made. |
| --- | --- |

(3)

1,18 for aeroplanes having four engines, does not exceed the take-off run available at the aerodrome at which the take-off is to be made.

| (c) | An operator shall ensure that, for aeroplanes which have take-off field length data contained in their Aeroplane Flight Manuals which accounts for engine failure, the following requirements are met in accordance with the specifications in the Aeroplane Flight Manual:






  (1) | The accelerate-stop distance must not exceed the accelerate-stop distance available; |
| --- | --- | --- |

(c)

An operator shall ensure that, for aeroplanes which have take-off field length data contained in their Aeroplane Flight Manuals which accounts for engine failure, the following requirements are met in accordance with the specifications in the Aeroplane Flight Manual:

(1)

The accelerate-stop distance must not exceed the accelerate-stop distance available;

| (2) | The take-off distance must not exceed the take-off distance available, with a clearway distance not exceeding half of the take-off run available; |
| --- | --- |

(2)

The take-off distance must not exceed the take-off distance available, with a clearway distance not exceeding half of the take-off run available;

| (3) | The take-off run must not exceed the take-off run available; |
| --- | --- |

(3)

The take-off run must not exceed the take-off run available;

| (4) | Compliance with this paragraph must be shown using a single value of V1 for the rejected and continued take-off; and |
| --- | --- |

(4)

Compliance with this paragraph must be shown using a single value of V1 for the rejected and continued take-off; and

| (5) | On a wet or contaminated runway the take-off mass must not exceed that permitted for a take-off on a dry runway under the same conditions. |
| --- | --- |

(5)

On a wet or contaminated runway the take-off mass must not exceed that permitted for a take-off on a dry runway under the same conditions.

| (d) | When showing compliance with sub-paragraphs (b) and (c) above, an operator must take account of the following:






  (1) | The pressure altitude at the aerodrome; |
| --- | --- | --- |

(d)

When showing compliance with sub-paragraphs (b) and (c) above, an operator must take account of the following:

(1)

The pressure altitude at the aerodrome;

| (2) | The ambient temperature at the aerodrome; |
| --- | --- |

(2)

The ambient temperature at the aerodrome;

| (3) | The runway surface condition and the type of runway surface; |
| --- | --- |

(3)

The runway surface condition and the type of runway surface;

| (4) | The runway slope in the direction of take-off; |
| --- | --- |

(4)

The runway slope in the direction of take-off;

| (5) | Not more that 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component; and |
| --- | --- |

(5)

Not more that 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component; and

| (6) | The loss, if any, of runway length due to alignment of the aeroplane prior to take-off. |
| --- | --- |

(6)

The loss, if any, of runway length due to alignment of the aeroplane prior to take-off.

OPS 1.570

Take-off Obstacle Clearance

| (a) | An operator shall ensure that the take-off flight path with one engine inoperative clears all obstacles by a vertical distance of at least 50 ft plus 0,01 × D, or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance the aeroplane has travelled from the end of the take-off distance available. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used. |
| --- | --- |

(a)

An operator shall ensure that the take-off flight path with one engine inoperative clears all obstacles by a vertical distance of at least 50 ft plus 0,01 × D, or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance the aeroplane has travelled from the end of the take-off distance available. For aeroplanes with a wingspan of less than 60 m a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m, plus 0,125 × D may be used.

| (b) | The take-off flight path must begin at a height of 50 ft above the surface at the end of the take-off distance required by OPS 1.565 (b) or (c) as applicable, and end at a height of 1 500 ft above the surface. |
| --- | --- |

(b)

The take-off flight path must begin at a height of 50 ft above the surface at the end of the take-off distance required by OPS 1.565 (b) or (c) as applicable, and end at a height of 1 500 ft above the surface.

| (c) | When showing compliance with sub-paragraph (a), an operator must take account of the following:






  (1) | The mass of the aeroplane at the commencement of the take-off run; |
| --- | --- | --- |

(c)

When showing compliance with sub-paragraph (a), an operator must take account of the following:

(1)

The mass of the aeroplane at the commencement of the take-off run;

| (2) | The pressure altitude at the aerodrome; |
| --- | --- |

(2)

The pressure altitude at the aerodrome;

| (3) | The ambient temperature at the aerodrome; and |
| --- | --- |

(3)

The ambient temperature at the aerodrome; and

| (4) | Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component. |
| --- | --- |

(4)

Not more than 50 % of the reported head-wind component or not less than 150 % of the reported tail-wind component.

| (d) | When showing compliance with sub-paragraph (a) above, track changes shall not be allowed up to that point of the take-off flight path where a height of 50 ft above the surface has been achieved. Thereafter, up to a height of 400 ft it is assumed that the aeroplane is banked by no more than 15°. Above 400 ft height bank angles greater than 15°, but not more than 25° may be scheduled. Adequate allowance must be made for the effect of bank angle on operating speeds and flight path including the distance increments resulting from increased operating speeds. |
| --- | --- |

(d)

When showing compliance with sub-paragraph (a) above, track changes shall not be allowed up to that point of the take-off flight path where a height of 50 ft above the surface has been achieved. Thereafter, up to a height of 400 ft it is assumed that the aeroplane is banked by no more than 15°. Above 400 ft height bank angles greater than 15°, but not more than 25° may be scheduled. Adequate allowance must be made for the effect of bank angle on operating speeds and flight path including the distance increments resulting from increased operating speeds.

| (e) | When showing compliance with sub-paragraph (a) above for those cases which do not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 300 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or |
| --- | --- | --- |

(e)

When showing compliance with sub-paragraph (a) above for those cases which do not require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

300 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or

| (2) | 600 m, for flights under all other conditions. |
| --- | --- |

(2)

600 m, for flights under all other conditions.

| (f) | When showing compliance with sub-paragraph (a) above for those cases which do require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:






  (1) | 600 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or |
| --- | --- | --- |

(f)

When showing compliance with sub-paragraph (a) above for those cases which do require track changes of more than 15°, an operator need not consider those obstacles which have a lateral distance greater than:

(1)

600 m, if the pilot is able to maintain the required navigational accuracy through the obstacle accountability area; or

| (2) | 900 m for flights under all other conditions. |
| --- | --- |

(2)

900 m for flights under all other conditions.

| (g) | An operator shall establish contingency procedures to satisfy the requirements of OPS 1.570 and to provide a safe route, avoiding obstacles, to enable the aeroplane to either comply with the en-route requirements of OPS 1.580, or land at either the aerodrome of departure or at a take-off alternate aerodrome. |
| --- | --- |

(g)

An operator shall establish contingency procedures to satisfy the requirements of OPS 1.570 and to provide a safe route, avoiding obstacles, to enable the aeroplane to either comply with the en-route requirements of OPS 1.580, or land at either the aerodrome of departure or at a take-off alternate aerodrome.

OPS 1.575

En-Route — All Engines Operating

| (a) | An operator shall ensure that the aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom, be capable of a rate of climb of at least 300 ft per minute with all engines operating within the maximum continuous power conditions specified at:






  (1) | The minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion therefrom specified in, or calculated from the information contained in, the Operations Manual relating to the aeroplane; and |
| --- | --- | --- |

(a)

An operator shall ensure that the aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom, be capable of a rate of climb of at least 300 ft per minute with all engines operating within the maximum continuous power conditions specified at:

(1)

The minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion therefrom specified in, or calculated from the information contained in, the Operations Manual relating to the aeroplane; and

| (2) | The minimum altitudes necessary for compliance with the conditions prescribed in OPS 1.580 and 1.585, as appropriate. |
| --- | --- |

(2)

The minimum altitudes necessary for compliance with the conditions prescribed in OPS 1.580 and 1.585, as appropriate.

OPS 1.580

En-Route — One Engine Inoperative

| (a) | An operator shall ensure that the aeroplane will, in the meteorological conditions expected for the flight, in the event of any one engine becoming inoperative at any point on its route or on any planned diversion therefrom and with the other engine or engines operating within the maximum continuous power conditions specified, be capable of continuing the flight from the cruising altitude to an aerodrome where a landing can be made in accordance with OPS 1.595 or OPS 1.600 as appropriate, clearing obstacles within 9,3 km (5 nm) either side of the intended track by a vertical interval of at least:






  (1) | 1 000 ft when the rate of climb is zero or greater; or |
| --- | --- | --- |

(a)

An operator shall ensure that the aeroplane will, in the meteorological conditions expected for the flight, in the event of any one engine becoming inoperative at any point on its route or on any planned diversion therefrom and with the other engine or engines operating within the maximum continuous power conditions specified, be capable of continuing the flight from the cruising altitude to an aerodrome where a landing can be made in accordance with OPS 1.595 or OPS 1.600 as appropriate, clearing obstacles within 9,3 km (5 nm) either side of the intended track by a vertical interval of at least:

(1)

1 000 ft when the rate of climb is zero or greater; or

| (2) | 2 000 ft when the rate of climb is less than zero. |
| --- | --- |

(2)

2 000 ft when the rate of climb is less than zero.

| (b) | The flight path shall have a positive slope at an altitude of 450 m (1 500 ft) above the aerodrome where the landing is assumed to be made after the failure of one engine. |
| --- | --- |

(b)

The flight path shall have a positive slope at an altitude of 450 m (1 500 ft) above the aerodrome where the landing is assumed to be made after the failure of one engine.

| (c) | For the purpose of this sub-paragraph the available rate of climb of the aeroplane shall be taken to be 150 ft per minute less than the gross rate of climb specified. |
| --- | --- |

(c)

For the purpose of this sub-paragraph the available rate of climb of the aeroplane shall be taken to be 150 ft per minute less than the gross rate of climb specified.

| (d) | When showing compliance with this paragraph, an operator must increase the width margins of sub-paragraph (a) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level. |
| --- | --- |

(d)

When showing compliance with this paragraph, an operator must increase the width margins of sub-paragraph (a) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level.

| (e) | Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used. |
| --- | --- |

(e)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used.

OPS 1.585

En-Route — Aeroplanes With Three Or More Engines, Two Engines Inoperative

| (a) | An operator shall ensure that, at no point along the intended track, will an aeroplane having three or more engines be more than 90 minutes at the all-engine long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met unless it complies with sub-paragraphs (b) to (e) below. |
| --- | --- |

(a)

An operator shall ensure that, at no point along the intended track, will an aeroplane having three or more engines be more than 90 minutes at the all-engine long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met unless it complies with sub-paragraphs (b) to (e) below.

| (b) | The two-engines inoperative flight path shown must permit the aeroplane to continue the flight, in the expected meteorological conditions, clearing all obstacles within 9,3 km (5 nm) either side of the intended track by a vertical interval of at least 2 000 ft, to an aerodrome at which the performance requirements applicable at the expected landing mass are met. |
| --- | --- |

(b)

The two-engines inoperative flight path shown must permit the aeroplane to continue the flight, in the expected meteorological conditions, clearing all obstacles within 9,3 km (5 nm) either side of the intended track by a vertical interval of at least 2 000 ft, to an aerodrome at which the performance requirements applicable at the expected landing mass are met.

| (c) | The two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than 90 minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met. |
| --- | --- |

(c)

The two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than 90 minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met.

| (d) | The expected mass of the aeroplane at the point where the two engines are assumed to fail must not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of a least 450 m (1 500 ft) directly over the landing area and thereafter to fly level for 15 minutes. |
| --- | --- |

(d)

The expected mass of the aeroplane at the point where the two engines are assumed to fail must not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of a least 450 m (1 500 ft) directly over the landing area and thereafter to fly level for 15 minutes.

| (e) | For the purpose of this sub-paragraph the available rate of climb of the aeroplane shall be taken to be 150 ft per minute less than that specified. |
| --- | --- |

(e)

For the purpose of this sub-paragraph the available rate of climb of the aeroplane shall be taken to be 150 ft per minute less than that specified.

| (f) | When showing compliance with this paragraph, an operator must increase the width margins of sub-paragraph (a) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level. |
| --- | --- |

(f)

When showing compliance with this paragraph, an operator must increase the width margins of sub-paragraph (a) above to 18,5 km (10 nm) if the navigational accuracy does not meet the 95 % containment level.

| (g) | Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used. |
| --- | --- |

(g)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used.

OPS 1.590

Landing — Destination and Alternate Aerodromes

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) does not exceed the maximum landing mass specified in the Aeroplane Flight Manual for the altitude and, if accounted for in the Aeroplane Flight Manual, the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome.

OPS 1.595

Landing — Dry Runways

| (a) | An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing allows a full stop landing from 50 ft above the threshold within 70 % of the landing distance available at the destination and any alternate aerodrome. |
| --- | --- |

(a)

An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) for the estimated time of landing allows a full stop landing from 50 ft above the threshold within 70 % of the landing distance available at the destination and any alternate aerodrome.

| (b) | When showing compliance with sub-paragraph (a) above, an operator must take account of the following:






  (1) | The altitude at the aerodrome; |
| --- | --- | --- |

(b)

When showing compliance with sub-paragraph (a) above, an operator must take account of the following:

(1)

The altitude at the aerodrome;

| (2) | Not more than 50 % of the head-wind component or not less than 150 % of the tail-wind component; |
| --- | --- |

(2)

Not more than 50 % of the head-wind component or not less than 150 % of the tail-wind component;

| (3) | The type of runway surface; and |
| --- | --- |

(3)

The type of runway surface; and

| (4) | The slope of the runway in the direction of landing. |
| --- | --- |

(4)

The slope of the runway in the direction of landing.

| (c) | For despatching an aeroplane in accordance with sub-paragraph (a) above it must be assumed that:






  (1) | The aeroplane will land on the most favourable runway in still air; and |
| --- | --- | --- |

(c)

For despatching an aeroplane in accordance with sub-paragraph (a) above it must be assumed that:

(1)

The aeroplane will land on the most favourable runway in still air; and

| (2) | The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain. |
| --- | --- |

(2)

The aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain.

| (d) | If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c). |
| --- | --- |

(d)

If an operator is unable to comply with sub-paragraph (c)(2) above for the destination aerodrome, the aeroplane may be despatched if an alternate aerodrome is designated which permits full compliance with sub-paragraphs (a), (b) and (c).

OPS 1.600

Landing — Wet and Contaminated Runways

| (a) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is equal to or exceeds the required landing distance, determined in accordance with OPS 1.595, multiplied by a factor of 1,15. |
| --- | --- |

(a)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is equal to or exceeds the required landing distance, determined in accordance with OPS 1.595, multiplied by a factor of 1,15.

| (b) | An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance determined by using data acceptable to the Authority for these conditions, does not exceed the landing distance available. |
| --- | --- |

(b)

An operator shall ensure that when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance determined by using data acceptable to the Authority for these conditions, does not exceed the landing distance available.

SUBPART J

MASS AND BALANCE

OPS 1.605

General

(See Appendix 1 to OPS 1.605)

| (a) | An operator shall ensure that during any phase of operation, the loading, mass and centre of gravity of the aeroplane complies with the limitations specified in the approved Aeroplane Flight Manual, or the Operations Manual if more restrictive. |
| --- | --- |

(a)

An operator shall ensure that during any phase of operation, the loading, mass and centre of gravity of the aeroplane complies with the limitations specified in the approved Aeroplane Flight Manual, or the Operations Manual if more restrictive.

| (b) | An operator must establish the mass and the centre of gravity of any aeroplane by actual weighing prior to initial entry into service and thereafter at intervals of 4 years if individual aeroplane masses are used and 9 years if fleet masses are used. The accumulated effects of modifications and repairs on the mass and balance must be accounted for and properly documented. Furthermore, aeroplanes must be reweighed if the effect of modifications on the mass and balance is not accurately known. |
| --- | --- |

(b)

An operator must establish the mass and the centre of gravity of any aeroplane by actual weighing prior to initial entry into service and thereafter at intervals of 4 years if individual aeroplane masses are used and 9 years if fleet masses are used. The accumulated effects of modifications and repairs on the mass and balance must be accounted for and properly documented. Furthermore, aeroplanes must be reweighed if the effect of modifications on the mass and balance is not accurately known.

| (c) | An operator must determine the mass of all operating items and crew members included in the aeroplane dry operating mass by weighing or by using standard masses. The influence of their position on the aeroplane centre of gravity must be determined. |
| --- | --- |

(c)

An operator must determine the mass of all operating items and crew members included in the aeroplane dry operating mass by weighing or by using standard masses. The influence of their position on the aeroplane centre of gravity must be determined.

| (d) | An operator must establish the mass of the traffic load, including any ballast, by actual weighing or determine the mass of the traffic load in accordance with standard passenger and baggage masses as specified in OPS 1.620. |
| --- | --- |

(d)

An operator must establish the mass of the traffic load, including any ballast, by actual weighing or determine the mass of the traffic load in accordance with standard passenger and baggage masses as specified in OPS 1.620.

| (e) | An operator must determine the mass of the fuel load by using the actual density or, if not known, the density calculated in accordance with a method specified in the Operations Manual. |
| --- | --- |

(e)

An operator must determine the mass of the fuel load by using the actual density or, if not known, the density calculated in accordance with a method specified in the Operations Manual.

OPS 1.607

Terminology

| (a) | Dry Operating Mass. The total mass of the aeroplane ready for a specific type of operation excluding all usable fuel and traffic load. This mass includes items such as:






  (1) | Crew and crew baggage; |
| --- | --- | --- |

(a)

Dry Operating Mass. The total mass of the aeroplane ready for a specific type of operation excluding all usable fuel and traffic load. This mass includes items such as:

(1)

Crew and crew baggage;

| (2) | Catering and removable passenger service equipment; and |
| --- | --- |

(2)

Catering and removable passenger service equipment; and

| (3) | Potable water and lavatory chemicals. |
| --- | --- |

(3)

Potable water and lavatory chemicals.

| (b) | Maximum Zero Fuel Mass. The maximum permissible mass of an aeroplane with no usable fuel. The mass of the fuel contained in particular tanks must be included in the zero fuel mass when it is explicitly mentioned in the Aeroplane Flight Manual limitations. |
| --- | --- |

(b)

Maximum Zero Fuel Mass. The maximum permissible mass of an aeroplane with no usable fuel. The mass of the fuel contained in particular tanks must be included in the zero fuel mass when it is explicitly mentioned in the Aeroplane Flight Manual limitations.

| (c) | Maximum Structural Landing Mass. The maximum permissible total aeroplane mass upon landing under normal circumstances. |
| --- | --- |

(c)

Maximum Structural Landing Mass. The maximum permissible total aeroplane mass upon landing under normal circumstances.

| (d) | Maximum Structural Take Off Mass. The maximum permissible total aeroplane mass at the start of the take-off run. |
| --- | --- |

(d)

Maximum Structural Take Off Mass. The maximum permissible total aeroplane mass at the start of the take-off run.

| (e) | Passenger classification.






  (1) | Adults, male and female, are defined as persons of an age of 12 years and above. |
| --- | --- | --- |

(e)

Passenger classification.

(1)

Adults, male and female, are defined as persons of an age of 12 years and above.

| (2) | Children are defined as persons who are of an age of two years and above but who are less than 12 years of age. |
| --- | --- |

(2)

Children are defined as persons who are of an age of two years and above but who are less than 12 years of age.

| (3) | Infants are defined as persons who are les than 2 years of age. |
| --- | --- |

(3)

Infants are defined as persons who are les than 2 years of age.

| (f) | Traffic Load. The total mass of passengers, baggage and cargo, including any non-revenue load. |
| --- | --- |

(f)

Traffic Load. The total mass of passengers, baggage and cargo, including any non-revenue load.

OPS 1.610

Loading, mass and balance

An operator shall specify, in the Operations Manual, the principles and methods involved in the loading and in the mass and balance system that meet the requirements of OPS 1.605. This system must cover all types of intended operations.

OPS 1.615

Mass values for crew

| (a) | An operator shall use the following mass values to determine the dry operating mass:






  (1) | Actual masses including any crew baggage; or |
| --- | --- | --- |

(a)

An operator shall use the following mass values to determine the dry operating mass:

(1)

Actual masses including any crew baggage; or

| (2) | Standard masses, including hand baggage, of 85 kg for flight crew members and 75 kg for cabin crew members; or |
| --- | --- |

(2)

Standard masses, including hand baggage, of 85 kg for flight crew members and 75 kg for cabin crew members; or

| (3) | Other standard masses acceptable to the Authority. |
| --- | --- |

(3)

Other standard masses acceptable to the Authority.

| (b) | An operator must correct the dry operating mass to account for any additional baggage. The position of this additional baggage must be accounted for when establishing the centre of gravity of the aeroplane. |
| --- | --- |

(b)

An operator must correct the dry operating mass to account for any additional baggage. The position of this additional baggage must be accounted for when establishing the centre of gravity of the aeroplane.

OPS 1.620

Mass values for passengers and baggage

| (a) | An operator shall compute the mass of passengers and checked baggage using either the actual weighed mass of each person and the actual weighed mass of baggage or the standard mass values specified in Tables 1 to 3 below except where the number of passenger seats available is less than 10. In such cases passenger mass may be established by use of a verbal statement by, or on behalf of, each passenger and adding to it a predetermined constant to account for hand baggage and clothing (The procedure specifying when to select actual or standard masses and the procedure to be followed when using verbal statements must be included in the Operations Manual. |
| --- | --- |

(a)

An operator shall compute the mass of passengers and checked baggage using either the actual weighed mass of each person and the actual weighed mass of baggage or the standard mass values specified in Tables 1 to 3 below except where the number of passenger seats available is less than 10. In such cases passenger mass may be established by use of a verbal statement by, or on behalf of, each passenger and adding to it a predetermined constant to account for hand baggage and clothing (The procedure specifying when to select actual or standard masses and the procedure to be followed when using verbal statements must be included in the Operations Manual.

| (b) | If determining the actual mass by weighing, an operator must ensure that passengers' personal belongings and hand baggage are included. Such weighing must be conducted immediately prior to boarding and at an adjacent location. |
| --- | --- |

(b)

If determining the actual mass by weighing, an operator must ensure that passengers' personal belongings and hand baggage are included. Such weighing must be conducted immediately prior to boarding and at an adjacent location.

| (c) | If determining the mass of passengers using standard mass values, the standard mass values in Tables 1 and 2 below must be used. The standard masses include hand baggage and the mass of any infant below 2 years of age carried by an adult on one passenger seat. Infants occupying separate passenger seats must be considered as children for the purpose of this sub-paragraph. |
| --- | --- |

(c)

If determining the mass of passengers using standard mass values, the standard mass values in Tables 1 and 2 below must be used. The standard masses include hand baggage and the mass of any infant below 2 years of age carried by an adult on one passenger seat. Infants occupying separate passenger seats must be considered as children for the purpose of this sub-paragraph.

| (d) | Mass values for passengers — 20 seats or more






  (1) | Where the total number of passenger seats available on an aeroplane is 20 or more, the standard masses of male and female in Table 1 are applicable. As an alternative, in cases where the total number of passenger seats available is 30 or more, the “All Adult” mass values in Table 1 are applicable. |
| --- | --- | --- |

(d)

Mass values for passengers — 20 seats or more

(1)

Where the total number of passenger seats available on an aeroplane is 20 or more, the standard masses of male and female in Table 1 are applicable. As an alternative, in cases where the total number of passenger seats available is 30 or more, the “All Adult” mass values in Table 1 are applicable.

| (2) | For the purpose of Table 1, holiday charter means a charter flight solely intended as an element of a holiday travel package. The holiday charter mass values apply provided that not more than 5 % of passenger seats installed in the aeroplane are used for the non-revenue carriage of certain categories of passengers.
  Table 1








  Passenger seats: | 20 and more | 30 and more
  All adult |
| --- | --- | --- | --- |
| Male | Female |
| All flights except holiday charters | 88 kg | 70 kg | 84 kg |
| Holiday charters | 83 kg | 69 kg | 76 kg |
| Children | 35 kg | 35 kg | 35 kg |

(2)

For the purpose of Table 1, holiday charter means a charter flight solely intended as an element of a holiday travel package. The holiday charter mass values apply provided that not more than 5 % of passenger seats installed in the aeroplane are used for the non-revenue carriage of certain categories of passengers.

Table 1

Passenger seats:

20 and more

30 and more

All adult

Male

Female

All flights except holiday charters

88 kg

70 kg

84 kg

Holiday charters

83 kg

69 kg

76 kg

Children

35 kg

35 kg

35 kg

| (e) | Mass values for passengers — 19 seats or less.






  (1) | Where the total number of passenger seats available on an aeroplane is 19 or less, the standard masses in Table 2 are applicable. |
| --- | --- | --- |

(e)

Mass values for passengers — 19 seats or less.

(1)

Where the total number of passenger seats available on an aeroplane is 19 or less, the standard masses in Table 2 are applicable.

| (2) | On flights where no hand baggage is carried in the cabin or where hand baggage is accounted for separately, 6 kg may be deducted from the above male and female masses. Articles such as an overcoat, an umbrella, a small handbag or purse, reading material or a small camera are not considered as hand baggage for the purpose of this sub-paragraph.
  Table 2








  Passenger seats | 1-5 | 6-9 | 10-19 |
| --- | --- | --- | --- | --- |
| Male | 104 kg | 96 kg | 92 kg |
| Female | 86 kg | 78 kg | 74 kg |
| Children | 35 kg | 35 kg | 35 kg |

(2)

On flights where no hand baggage is carried in the cabin or where hand baggage is accounted for separately, 6 kg may be deducted from the above male and female masses. Articles such as an overcoat, an umbrella, a small handbag or purse, reading material or a small camera are not considered as hand baggage for the purpose of this sub-paragraph.

Table 2

Passenger seats

1-5

6-9

10-19

Male

104 kg

96 kg

92 kg

Female

86 kg

78 kg

74 kg

Children

35 kg

35 kg

35 kg

| (f) | Mass values for baggage






  (1) | Where the total number of passenger seats available on the aeroplane is 20 or more the standard mass values given in Table 3 are applicable for each piece of checked baggage. For aeroplanes with 19 passenger seats or less, the actual mass of checked baggage, determined by weighing, must be used. |
| --- | --- | --- |

(f)

Mass values for baggage

(1)

Where the total number of passenger seats available on the aeroplane is 20 or more the standard mass values given in Table 3 are applicable for each piece of checked baggage. For aeroplanes with 19 passenger seats or less, the actual mass of checked baggage, determined by weighing, must be used.

| (2) | For the purpose of Table 3:






  (i) | Domestic flight means a flight with origin and destination within the borders of one State; |
| --- | --- | --- |

(2)

For the purpose of Table 3:

(i)

Domestic flight means a flight with origin and destination within the borders of one State;

| (ii) | Flights within the European region means flights, other than Domestic flights, whose origin and destination are within the area specified in Appendix 1 to OPS 1.620 (f); and |
| --- | --- |

(ii)

Flights within the European region means flights, other than Domestic flights, whose origin and destination are within the area specified in Appendix 1 to OPS 1.620 (f); and

| (iii) | Intercontinental flight, other than flights within the European region, means a flight with origin and destination in different continents.
  Table 3
  20 or more seats






  Type of flight | Baggage standard mass |
| --- | --- | --- |
| Domestic | 11 kg |
| Within the European region | 13 kg |
| Intercontinental | 15 kg |
| All other | 13 kg |

(iii)

Intercontinental flight, other than flights within the European region, means a flight with origin and destination in different continents.

Table 3

20 or more seats

Type of flight

Baggage standard mass

Domestic

11 kg

Within the European region

13 kg

Intercontinental

15 kg

All other

13 kg

| (g) | If an operator wishes to use standard mass values other than those contained in Tables 1 to 3 above, he must advise the Authority of his reasons and gain its approval in advance. He must also submit for approval a detailed weighing survey plan and apply the statistical analysis method given in Appendix 1 to OPS 1.620 (g). After verification and approval by the Authority of the results of the weighing survey, the revised standard mass values are only applicable to that operator. The revised standard mass values can only be used in circumstances consistent with those under which the survey was conducted. Where revised standard masses exceed those in Tables 1-3, then such higher values must be used. |
| --- | --- |

(g)

If an operator wishes to use standard mass values other than those contained in Tables 1 to 3 above, he must advise the Authority of his reasons and gain its approval in advance. He must also submit for approval a detailed weighing survey plan and apply the statistical analysis method given in Appendix 1 to OPS 1.620 (g). After verification and approval by the Authority of the results of the weighing survey, the revised standard mass values are only applicable to that operator. The revised standard mass values can only be used in circumstances consistent with those under which the survey was conducted. Where revised standard masses exceed those in Tables 1-3, then such higher values must be used.

| (h) | On any flight identified as carrying a significant number of passengers whose masses, including hand baggage, are expected to exceed the standard passenger mass, an operator must determine the actual mass of such passengers by weighing or by adding an adequate mass increment. |
| --- | --- |

(h)

On any flight identified as carrying a significant number of passengers whose masses, including hand baggage, are expected to exceed the standard passenger mass, an operator must determine the actual mass of such passengers by weighing or by adding an adequate mass increment.

| (i) | If standard mass values for checked baggage are used and a significant number of passengers check in baggage that is expected to exceed the standard baggage mass, an operator must determine the actual mass of such baggage by weighing or by adding an adequate mass increment. |
| --- | --- |

(i)

If standard mass values for checked baggage are used and a significant number of passengers check in baggage that is expected to exceed the standard baggage mass, an operator must determine the actual mass of such baggage by weighing or by adding an adequate mass increment.

| (j) | An operator shall ensure that a commander is advised when a non-standard method has been used for determining the mass of the load and that this method is stated in the mass and balance documentation. |
| --- | --- |

(j)

An operator shall ensure that a commander is advised when a non-standard method has been used for determining the mass of the load and that this method is stated in the mass and balance documentation.

OPS 1.625

Mass and balance documentation

(See Appendix 1 to OPS 1.625)

| (a) | An operator shall establish mass and balance documentation prior to each flight specifying the load and its distribution. The mass and balance documentation must enable the commander to determine that the load and its distribution is such that the mass and balance limits of the aeroplane are not exceeded. The person preparing the mass and balance documentation must be named on the document. The person supervising the loading of the aeroplane must confirm by signature that the load and its distribution are in accordance with the mass and balance documentation. This document must be acceptable to the commander, his/her acceptance being indicated by countersignature or equivalent. (See also OPS 1.1055 (a)(12)). |
| --- | --- |

(a)

An operator shall establish mass and balance documentation prior to each flight specifying the load and its distribution. The mass and balance documentation must enable the commander to determine that the load and its distribution is such that the mass and balance limits of the aeroplane are not exceeded. The person preparing the mass and balance documentation must be named on the document. The person supervising the loading of the aeroplane must confirm by signature that the load and its distribution are in accordance with the mass and balance documentation. This document must be acceptable to the commander, his/her acceptance being indicated by countersignature or equivalent. (See also OPS 1.1055 (a)(12)).

| (b) | An operator must specify procedures for Last Minute Changes to the load. |
| --- | --- |

(b)

An operator must specify procedures for Last Minute Changes to the load.

| (c) | Subject to the approval of the Authority, an operator may use an alternative to the procedures required by paragraphs (a) and (b) above. |
| --- | --- |

(c)

Subject to the approval of the Authority, an operator may use an alternative to the procedures required by paragraphs (a) and (b) above.

Appendix 1 to OPS 1.605

Mass and Balance — General

(See OPS 1.605)

| (a) | Determination of the dry operating mass of an aeroplane






  (1) | Weighing of an aeroplane






  (i) | New aeroplanes are normally weighed at the factory and are eligible to be placed into operation without reweighing if the mass and balance records have been adjusted for alterations or modifications to the aeroplane. Aeroplanes transferred from one operator with an approved mass control programme to another operator with an approved programme need not be weighed prior to use by the receiving operator unless more than 4 years have elapsed since the last weighing. |
| --- | --- | --- | --- |

(a)

Determination of the dry operating mass of an aeroplane

(1)

Weighing of an aeroplane

(i)

New aeroplanes are normally weighed at the factory and are eligible to be placed into operation without reweighing if the mass and balance records have been adjusted for alterations or modifications to the aeroplane. Aeroplanes transferred from one operator with an approved mass control programme to another operator with an approved programme need not be weighed prior to use by the receiving operator unless more than 4 years have elapsed since the last weighing.

| (ii) | The individual mass and centre of gravity (CG) position of each aeroplane shall be re-established periodically. The maximum interval between two weighings must be defined by the operator and must meet the requirements of OPS 1.605 (b). In addition, the mass and the CG of each aeroplane shall be re-established either by:






  (A) | Weighing; or |
| --- | --- | --- |

(ii)

The individual mass and centre of gravity (CG) position of each aeroplane shall be re-established periodically. The maximum interval between two weighings must be defined by the operator and must meet the requirements of OPS 1.605 (b). In addition, the mass and the CG of each aeroplane shall be re-established either by:

(A)

Weighing; or

| (B) | Calculation, if the operator is able to provide the necessary justification to prove the validity of the method of calculation chosen, whenever the cumulative changes to the dry operating mass exceed ± 0,5 % of the maximum landing mass or the cumulative change in CG position exceeds 0,5 % of the mean aerodynamic chord. |
| --- | --- |

(B)

Calculation, if the operator is able to provide the necessary justification to prove the validity of the method of calculation chosen, whenever the cumulative changes to the dry operating mass exceed ± 0,5 % of the maximum landing mass or the cumulative change in CG position exceeds 0,5 % of the mean aerodynamic chord.

| (2) | Fleet mass and CG position






  (i) | For a fleet or group of aeroplanes of the same model and configuration, an average dry operating mass and CG position may be used as the fleet mass and CG position, provided that the dry operating masses and CG positions of the individual aeroplanes meet the tolerances specified in sub-paragraph (ii) below. Furthermore, the criteria specified in sub-paragraphs (iii), (iv) and (a)(3) below are applicable. |
| --- | --- | --- |

(2)

Fleet mass and CG position

(i)

For a fleet or group of aeroplanes of the same model and configuration, an average dry operating mass and CG position may be used as the fleet mass and CG position, provided that the dry operating masses and CG positions of the individual aeroplanes meet the tolerances specified in sub-paragraph (ii) below. Furthermore, the criteria specified in sub-paragraphs (iii), (iv) and (a)(3) below are applicable.

| (ii) | Tolerances






  (A) | If the dry operating mass of any aeroplane weighed, or the calculated dry operating mass of any aeroplane of a fleet, varies by more than ± 0,5 % of the maximum structural landing mass from the established dry operating fleet mass or the CG position varies by more than ± 0,5 % of the mean aero-dynamic chord from the fleet CG, that aeroplane shall be omitted from that fleet. Separate fleets may be established, each with differing fleet mean masses. |
| --- | --- | --- |

(ii)

Tolerances

(A)

If the dry operating mass of any aeroplane weighed, or the calculated dry operating mass of any aeroplane of a fleet, varies by more than ± 0,5 % of the maximum structural landing mass from the established dry operating fleet mass or the CG position varies by more than ± 0,5 % of the mean aero-dynamic chord from the fleet CG, that aeroplane shall be omitted from that fleet. Separate fleets may be established, each with differing fleet mean masses.

| (B) | In cases where the aeroplane mass is within the dry operating fleet mass tolerance but its CG position falls outsides the permitted fleet tolerance, the aeroplane may still be operated under the applicable dry operating fleet mass but with an individual CG position. |
| --- | --- |

(B)

In cases where the aeroplane mass is within the dry operating fleet mass tolerance but its CG position falls outsides the permitted fleet tolerance, the aeroplane may still be operated under the applicable dry operating fleet mass but with an individual CG position.

| (C) | If an individual aeroplane has, when compared with other aeroplanes of the fleet, a physical, accurately accountable difference (e.g. galley or seat configuration), that causes exceedance of the fleet tolerances, this aeroplane may be maintained in the fleet provided that appropriate corrections are applied to the mass and/or CG position for that aeroplane. |
| --- | --- |

(C)

If an individual aeroplane has, when compared with other aeroplanes of the fleet, a physical, accurately accountable difference (e.g. galley or seat configuration), that causes exceedance of the fleet tolerances, this aeroplane may be maintained in the fleet provided that appropriate corrections are applied to the mass and/or CG position for that aeroplane.

| (D) | Aeroplanes for which no mean aerodynamic chord has been published must be operated with their individual mass and CG position values or must be subjected to a special study and approval. |
| --- | --- |

(D)

Aeroplanes for which no mean aerodynamic chord has been published must be operated with their individual mass and CG position values or must be subjected to a special study and approval.

| (iii) | Use of fleet values






  (A) | After the weighing of an aeroplane, or if any change occurs in the aeroplane equipment or configuration, the operator must verify that this aeroplane falls within the tolerances specified in sub-paragraph (2)(ii) above. |
| --- | --- | --- |

(iii)

Use of fleet values

(A)

After the weighing of an aeroplane, or if any change occurs in the aeroplane equipment or configuration, the operator must verify that this aeroplane falls within the tolerances specified in sub-paragraph (2)(ii) above.

| (B) | Aeroplanes which have not been weighed since the last fleet mass evaluation can still be kept in a fleet operated with fleet values, provided that the individual values are revised by computation and stay within the tolerances defined in sub-paragraph (2)(ii) above. If these individual values no longer fall within the permitted tolerances, the operator must either determine new fleet values fulfilling the conditions of sub-paragraphs (2)(i) and (2)(ii) above, or operate the aeroplanes not falling within the limits with their individual values. |
| --- | --- |

(B)

Aeroplanes which have not been weighed since the last fleet mass evaluation can still be kept in a fleet operated with fleet values, provided that the individual values are revised by computation and stay within the tolerances defined in sub-paragraph (2)(ii) above. If these individual values no longer fall within the permitted tolerances, the operator must either determine new fleet values fulfilling the conditions of sub-paragraphs (2)(i) and (2)(ii) above, or operate the aeroplanes not falling within the limits with their individual values.

| (C) | To add an aeroplane to a fleet operated with fleet values, the operator must verify by weighing or computation that its actual values fall within the tolerances specified in sub-paragraph (2)(ii) above. |
| --- | --- |

(C)

To add an aeroplane to a fleet operated with fleet values, the operator must verify by weighing or computation that its actual values fall within the tolerances specified in sub-paragraph (2)(ii) above.

| (iv) | To comply with sub-paragraph (2)(i) above, the fleet values must be updated at least at the end of each fleet mass evaluation. |
| --- | --- |

(iv)

To comply with sub-paragraph (2)(i) above, the fleet values must be updated at least at the end of each fleet mass evaluation.

| (3) | Number of aeroplanes to be weighed to obtain fleet values






  (i) | If “n” is the number of aeroplanes in the fleet using fleet values, the operator must at least weigh, in the period between two fleet mass evaluations, a certain number of aeroplanes defined in the Table below:






  Number of aeroplanes in the fleet | Minimum number of weighings |
| --- | --- | --- | --- |
| 2 or 3 | N |
| 4 to 9 | (n + 3)/2 |
| 10 or more | (n + 51)/10 |

(3)

Number of aeroplanes to be weighed to obtain fleet values

(i)

If “n” is the number of aeroplanes in the fleet using fleet values, the operator must at least weigh, in the period between two fleet mass evaluations, a certain number of aeroplanes defined in the Table below:

Number of aeroplanes in the fleet

Minimum number of weighings

2 or 3

N

4 to 9

(n + 3)/2

10 or more

(n + 51)/10

| (ii) | In choosing the aeroplanes to be weighed, aeroplanes in the fleet which have not been weighed for the longest time should be selected. |
| --- | --- |

(ii)

In choosing the aeroplanes to be weighed, aeroplanes in the fleet which have not been weighed for the longest time should be selected.

| (iii) | The interval between 2 fleet mass evaluations must not exceed 48 months. |
| --- | --- |

(iii)

The interval between 2 fleet mass evaluations must not exceed 48 months.

| (4) | Weighing procedure






  (i) | The weighing must be accomplished either by the manufacturer or by an approved maintenance organisation. |
| --- | --- | --- |

(4)

Weighing procedure

(i)

The weighing must be accomplished either by the manufacturer or by an approved maintenance organisation.

| (ii) | Normal precautions must be taken consistent with good practices such as:






  (A) | Checking for completeness of the aeroplane and equipment; |
| --- | --- | --- |

(ii)

Normal precautions must be taken consistent with good practices such as:

(A)

Checking for completeness of the aeroplane and equipment;

| (B) | Determining that fluids are properly accounted for; |
| --- | --- |

(B)

Determining that fluids are properly accounted for;

| (C) | Ensuring that the aeroplane is clean; and |
| --- | --- |

(C)

Ensuring that the aeroplane is clean; and

| (D) | Ensuring that weighing is accomplished in an enclosed building. |
| --- | --- |

(D)

Ensuring that weighing is accomplished in an enclosed building.

| (iii) | Any equipment used for weighing must be properly calibrated, zeroed, and used in accordance with the manufacturer's instructions. Each scale must be calibrated either by the manufacturer, by a civil department of weights and measures or by an appropriately authorised organisation within 2 years or within a time period defined by the manufacturer of the weighing equipment, whichever is less. The equipment must enable the mass of the aeroplane to be established accurately. |
| --- | --- |

(iii)

Any equipment used for weighing must be properly calibrated, zeroed, and used in accordance with the manufacturer's instructions. Each scale must be calibrated either by the manufacturer, by a civil department of weights and measures or by an appropriately authorised organisation within 2 years or within a time period defined by the manufacturer of the weighing equipment, whichever is less. The equipment must enable the mass of the aeroplane to be established accurately.

| (b) | Special standard masses for the traffic load. In addition to standard masses for passengers and checked baggage, an operator can submit for approval to the Authority standard masses for other load items. |
| --- | --- |

(b)

Special standard masses for the traffic load. In addition to standard masses for passengers and checked baggage, an operator can submit for approval to the Authority standard masses for other load items.

| (c) | Aeroplane loading






  (1) | An operator must ensure that the loading of its aeroplanes is performed under the supervision of qualified personnel. |
| --- | --- | --- |

(c)

Aeroplane loading

(1)

An operator must ensure that the loading of its aeroplanes is performed under the supervision of qualified personnel.

| (2) | An operator must ensure that the loading of the freight is consistent with the data used for the calculation of the aeroplane mass and balance. |
| --- | --- |

(2)

An operator must ensure that the loading of the freight is consistent with the data used for the calculation of the aeroplane mass and balance.

| (3) | An operator must comply with additional structural limits such as the floor strength limitations, the maximum load per running metre, the maximum mass per cargo compartment, and/or the maximum seating limits. |
| --- | --- |

(3)

An operator must comply with additional structural limits such as the floor strength limitations, the maximum load per running metre, the maximum mass per cargo compartment, and/or the maximum seating limits.

| (d) | Centre of gravity limits






  (1) | Operational CG envelope. Unless seat allocation is applied and the effects of the number of passengers per seat row, of cargo in individual cargo compartments and of fuel in individual tanks is accounted for accurately in the balance calculation, operational margins must be applied to the certificated centre of gravity envelope. In determining the CG margins, possible deviations from the assumed load distribution must be considered. If free seating is applied, the operator must introduce procedures to ensure corrective action by flight or cabin crew if extreme longitudinal seat selection occurs. The CG margins and associated operational procedures, including assumptions with regard to passenger seating, must be acceptable to the Authority. |
| --- | --- | --- |

(d)

Centre of gravity limits

(1)

Operational CG envelope. Unless seat allocation is applied and the effects of the number of passengers per seat row, of cargo in individual cargo compartments and of fuel in individual tanks is accounted for accurately in the balance calculation, operational margins must be applied to the certificated centre of gravity envelope. In determining the CG margins, possible deviations from the assumed load distribution must be considered. If free seating is applied, the operator must introduce procedures to ensure corrective action by flight or cabin crew if extreme longitudinal seat selection occurs. The CG margins and associated operational procedures, including assumptions with regard to passenger seating, must be acceptable to the Authority.

| (2) | In-flight centre of gravity. Further to sub-paragraph (d)(1) above, the operator must show that the procedures fully account for the extreme variation in CG travel during flight caused by passenger/crew movement and fuel consumption/transfer. |
| --- | --- |

(2)

In-flight centre of gravity. Further to sub-paragraph (d)(1) above, the operator must show that the procedures fully account for the extreme variation in CG travel during flight caused by passenger/crew movement and fuel consumption/transfer.

Appendix 1 to OPS 1.620 (f)

Definition of the area for flights within the European region

For the purposes of OPS 1.620 (f), flights within the European region, other than domestic flights, are flights conducted within the area bounded by rhumb lines between the following points:

| — | N7200 | E04500 |
| --- | --- | --- |
| — | N4000 | E04500 |
| — | N3500 | E03700 |
| — | N3000 | E03700 |
| — | N3000 | W00600 |
| — | N2700 | W00900 |
| — | N2700 | W03000 |
| — | N6700 | W03000 |
| — | N7200 | W01000 |
| — | N7200 | E04500 |

—

N7200

E04500

—

N4000

E04500

—

N3500

E03700

—

N3000

E03700

—

N3000

W00600

—

N2700

W00900

—

N2700

W03000

—

N6700

W03000

—

N7200

W01000

—

N7200

E04500

as depicted in Figure 1 below:

Figure 1

European region

Image

Appendix 1 to OPS 1.620 (g)

Procedure for establishing revised standard mass values for passengers and baggage

| (a) | Passengers






  (1) | Weight sampling method. The average mass of passengers and their hand baggage must be determined by weighing, taking random samples. The selection of random samples must by nature and extent be representative of the passenger volume, considering the type of operation, the frequency of flights on various routes, in/outbound flights, applicable season and seat capacity of the aeroplane. |
| --- | --- | --- |

(a)

Passengers

(1)

Weight sampling method. The average mass of passengers and their hand baggage must be determined by weighing, taking random samples. The selection of random samples must by nature and extent be representative of the passenger volume, considering the type of operation, the frequency of flights on various routes, in/outbound flights, applicable season and seat capacity of the aeroplane.

| (2) | Sample size. The survey plan must cover the weighing of at least the greatest of:






  (i) | A number of passengers calculated from a pilot sample, using normal statistical procedures and based on a relative confidence range (accuracy) of 1 % for all adult and 2 % for separate male and female average masses; and |
| --- | --- | --- |

(2)

Sample size. The survey plan must cover the weighing of at least the greatest of:

(i)

A number of passengers calculated from a pilot sample, using normal statistical procedures and based on a relative confidence range (accuracy) of 1 % for all adult and 2 % for separate male and female average masses; and

| (ii) | For aeroplanes:






  (A) | With a passenger seating capacity of 40 or more, a total of 2 000 passengers; or |
| --- | --- | --- |

(ii)

For aeroplanes:

(A)

With a passenger seating capacity of 40 or more, a total of 2 000 passengers; or

| (B) | With a passenger seating capacity of less than 40, a total number of 50 × (the passenger seating capacity). |
| --- | --- |

(B)

With a passenger seating capacity of less than 40, a total number of 50 × (the passenger seating capacity).

| (3) | Passenger masses. Passenger masses must include the mass of the passengers' belongings which are carried when entering the aeroplane. When taking random samples of passenger masses, infants shall be weighted together with the accompanying adult (See also OPS 1620 (c) (d) and (e). |
| --- | --- |

(3)

Passenger masses. Passenger masses must include the mass of the passengers' belongings which are carried when entering the aeroplane. When taking random samples of passenger masses, infants shall be weighted together with the accompanying adult (See also OPS 1620 (c) (d) and (e).

| (4) | Weighing location. The location for the weighing of passengers shall be selected as close as possible to the aeroplane, at a point where a change in the passenger mass by disposing of or by acquiring more personal belongings is unlikely to occur before the passengers board the aeroplane. |
| --- | --- |

(4)

Weighing location. The location for the weighing of passengers shall be selected as close as possible to the aeroplane, at a point where a change in the passenger mass by disposing of or by acquiring more personal belongings is unlikely to occur before the passengers board the aeroplane.

| (5) | Weighing machine. The weighing machine to be used for passenger weighing shall have a capacity of at least 150 kg. The mass shall be displayed at minimum graduations of 500 g. The weighing machine must be accurate to within 0,5 % or 200 g whichever is the greater. |
| --- | --- |

(5)

Weighing machine. The weighing machine to be used for passenger weighing shall have a capacity of at least 150 kg. The mass shall be displayed at minimum graduations of 500 g. The weighing machine must be accurate to within 0,5 % or 200 g whichever is the greater.

| (6) | Recording of mass values. For each flight included in the survey the mass of the passengers, the corresponding passenger category (i.e. male/female/children) and the flight number must be recorded. |
| --- | --- |

(6)

Recording of mass values. For each flight included in the survey the mass of the passengers, the corresponding passenger category (i.e. male/female/children) and the flight number must be recorded.

| (b) | Checked baggage. The statistical procedure for determining revised standard baggage mass values based on average baggage masses of the minimum required sample size is basically the same as for passengers and as specified in sub-paragraph (a)(1). For baggage, the relative confidence range (accuracy) amounts to 1 %. A minimum of 2 000 pieces of checked baggage must be weighed. |
| --- | --- |

(b)

Checked baggage. The statistical procedure for determining revised standard baggage mass values based on average baggage masses of the minimum required sample size is basically the same as for passengers and as specified in sub-paragraph (a)(1). For baggage, the relative confidence range (accuracy) amounts to 1 %. A minimum of 2 000 pieces of checked baggage must be weighed.

| (c) | Determination of revised standard mass values for passengers and checked baggage






  (1) | To ensure that, in preference to the use of actual masses determined by weighing, the use of revised standard mass values for passengers and checked baggage does not adversely affect operational safety, a statistical analysis must be carried out. Such an analysis will generate average mass values for passengers and baggage as well as other data. |
| --- | --- | --- |

(c)

Determination of revised standard mass values for passengers and checked baggage

(1)

To ensure that, in preference to the use of actual masses determined by weighing, the use of revised standard mass values for passengers and checked baggage does not adversely affect operational safety, a statistical analysis must be carried out. Such an analysis will generate average mass values for passengers and baggage as well as other data.

| (2) | On aeroplanes with 20 or more passenger seats, these averages apply as revised standard male and female mass values. |
| --- | --- |

(2)

On aeroplanes with 20 or more passenger seats, these averages apply as revised standard male and female mass values.

| (3) | On smaller aeroplanes, the following increments must be added to the average passenger mass to obtain the revised standard mass values:






  Number of passenger seats | Required mass increment |
| --- | --- | --- |
| 1-5 incl. | 16 kg |
| 6-9 incl. | 8 kg |
| 10-19 incl. | 4 kg |

(3)

On smaller aeroplanes, the following increments must be added to the average passenger mass to obtain the revised standard mass values:

Number of passenger seats

Required mass increment

1-5 incl.

16 kg

6-9 incl.

8 kg

10-19 incl.

4 kg

Alternatively, all adult revised standard (average) mass values may be applied on aeroplanes with 30 or more passenger seats. Revised standard (average) checked baggage mass values are applicable to aeroplanes with 20 or more passenger seats.

| (4) | Operators have the option to submit a detailed survey plan to the Authority for approval and subsequently a deviation from the revised standard mass value provided this deviating value is determined by use of the procedure explained in this Appendix. Such deviations must be reviewed at intervals not exceeding 5 years. |
| --- | --- |

(4)

Operators have the option to submit a detailed survey plan to the Authority for approval and subsequently a deviation from the revised standard mass value provided this deviating value is determined by use of the procedure explained in this Appendix. Such deviations must be reviewed at intervals not exceeding 5 years.

| (5) | All adult revised standard mass values must be based on a male/female ratio of 80/20 in respect of all flights except holiday charters which are 50/50. If an operator wishes to obtain approval for use of a different ratio on specific routes or flights then data must be submitted to the Authority showing that the alternative male/female ratio is conservative and covers at least 84 % of the actual male/female ratios on a sample of at least 100 representative flights. |
| --- | --- |

(5)

All adult revised standard mass values must be based on a male/female ratio of 80/20 in respect of all flights except holiday charters which are 50/50. If an operator wishes to obtain approval for use of a different ratio on specific routes or flights then data must be submitted to the Authority showing that the alternative male/female ratio is conservative and covers at least 84 % of the actual male/female ratios on a sample of at least 100 representative flights.

| (6) | The average mass values found are rounded to the nearest whole number in kg. Checked baggage mass values are rounded to the nearest 0,5 kg figure, as appropriate. |
| --- | --- |

(6)

The average mass values found are rounded to the nearest whole number in kg. Checked baggage mass values are rounded to the nearest 0,5 kg figure, as appropriate.

Appendix 1 to OPS 1.625

Mass and Balance Documentation

| (a) | Mass and balance documentation






  (1) | Contents






  (i) | The mass and balance documentation must contain the following information:






  (A) | The aeroplane registration and type; |
| --- | --- | --- | --- | --- |

(a)

Mass and balance documentation

(1)

Contents

(i)

The mass and balance documentation must contain the following information:

(A)

The aeroplane registration and type;

| (B) | The flight identification number and date; |
| --- | --- |

(B)

The flight identification number and date;

| (C) | The identity of the Commander; |
| --- | --- |

(C)

The identity of the Commander;

| (D) | The identity of the person who prepared the document; |
| --- | --- |

(D)

The identity of the person who prepared the document;

| (E) | The dry operating mass and the corresponding CG of the aeroplane; |
| --- | --- |

(E)

The dry operating mass and the corresponding CG of the aeroplane;

| (F) | The mass of the fuel at take-off and the mass of trip fuel; |
| --- | --- |

(F)

The mass of the fuel at take-off and the mass of trip fuel;

| (G) | The mass of consumables other than fuel; |
| --- | --- |

(G)

The mass of consumables other than fuel;

| (H) | The components of the load including passengers, baggage, freight and ballast; |
| --- | --- |

(H)

The components of the load including passengers, baggage, freight and ballast;

| (I) | The Take-off Mass, Landing Mass and Zero Fuel Mass; |
| --- | --- |

(I)

The Take-off Mass, Landing Mass and Zero Fuel Mass;

| (J) | The load distribution; |
| --- | --- |

(J)

The load distribution;

| (K) | The applicable aeroplane CG positions; and |
| --- | --- |

(K)

The applicable aeroplane CG positions; and

| (L) | The limiting mass and CG values. |
| --- | --- |

(L)

The limiting mass and CG values.

| (ii) | Subject to the approval of the Authority, an operator may omit some of this Data from the mass and balance documentation. |
| --- | --- |

(ii)

Subject to the approval of the Authority, an operator may omit some of this Data from the mass and balance documentation.

| (2) | Last Minute Change. If any last minute change occurs after the completion of the mass and balance documentation, this must be brought to the attention of the commander and the last minute change must be entered on the mass and balance documentation. The maximum allowed change in the number of passengers or hold load acceptable as a last minute change must be specified in the Operations Manual. If this number is exceeded, new mass and balance documentation must be prepared. |
| --- | --- |

(2)

Last Minute Change. If any last minute change occurs after the completion of the mass and balance documentation, this must be brought to the attention of the commander and the last minute change must be entered on the mass and balance documentation. The maximum allowed change in the number of passengers or hold load acceptable as a last minute change must be specified in the Operations Manual. If this number is exceeded, new mass and balance documentation must be prepared.

| (b) | Computerised systems. Where mass and balance documentation is generated by a computerised mass and balance system, the operator must verify the integrity of the output data. He must establish a system to check that amendments of his input data are incorporated properly in the system and that the system is operating correctly on a continuous basis by verifying the output data at intervals not exceeding 6 months. |
| --- | --- |

(b)

Computerised systems. Where mass and balance documentation is generated by a computerised mass and balance system, the operator must verify the integrity of the output data. He must establish a system to check that amendments of his input data are incorporated properly in the system and that the system is operating correctly on a continuous basis by verifying the output data at intervals not exceeding 6 months.

| (c) | Onboard mass and balance systems. An operator must obtain the approval of the Authority if he wishes to use an onboard mass and balance computer system as a primary source for despatch. |
| --- | --- |

(c)

Onboard mass and balance systems. An operator must obtain the approval of the Authority if he wishes to use an onboard mass and balance computer system as a primary source for despatch.

| (d) | Datalink. When mass and balance documentation is sent to aeroplanes via datalink, a copy of the final mass and balance documentation as accepted by the commander must be available on the ground. |
| --- | --- |

(d)

Datalink. When mass and balance documentation is sent to aeroplanes via datalink, a copy of the final mass and balance documentation as accepted by the commander must be available on the ground.

SUBPART K

INSTRUMENTS AND EQUIPMENT

OPS 1.630

General introduction

| (a) | An operator shall ensure that a flight does not commence unless the instruments and equipment required under this Subpart are:






  (1) | Approved, except as specified in sub-paragraph (c), and installed in accordance with the requirements applicable to them, including the minimum performance standard and the operational and airworthiness requirements; and |
| --- | --- | --- |

(a)

An operator shall ensure that a flight does not commence unless the instruments and equipment required under this Subpart are:

(1)

Approved, except as specified in sub-paragraph (c), and installed in accordance with the requirements applicable to them, including the minimum performance standard and the operational and airworthiness requirements; and

| (2) | In operable condition for the kind of operation being conducted except as provided in the MEL (OPS 1.030 refers). |
| --- | --- |

(2)

In operable condition for the kind of operation being conducted except as provided in the MEL (OPS 1.030 refers).

| (b) | Instruments and equipment minimum performance standards are those prescribed in the applicable European Technical Standard Orders (ETSO) as listed in applicable Specifications on European Technical Standard Orders (CS-TSO), unless different performance standards are prescribed in the operational or airworthiness codes. Instruments and equipment complying with design and performance specifications other than ETSO on the date of OPS implementation may remain in service, or be installed, unless additional requirements are prescribed in this Subpart. Instruments and equipment that have already been approved do not need to comply with a revised ETSO or a revised specification, other than ETSO, unless a retroactive requirement is prescribed. |
| --- | --- |

(b)

Instruments and equipment minimum performance standards are those prescribed in the applicable European Technical Standard Orders (ETSO) as listed in applicable Specifications on European Technical Standard Orders (CS-TSO), unless different performance standards are prescribed in the operational or airworthiness codes. Instruments and equipment complying with design and performance specifications other than ETSO on the date of OPS implementation may remain in service, or be installed, unless additional requirements are prescribed in this Subpart. Instruments and equipment that have already been approved do not need to comply with a revised ETSO or a revised specification, other than ETSO, unless a retroactive requirement is prescribed.

| (c) | The following items shall not be required to have an equipment approval:






  (1) | Fuses referred to in OPS 1.635; |
| --- | --- | --- |

(c)

The following items shall not be required to have an equipment approval:

(1)

Fuses referred to in OPS 1.635;

| (2) | Electric torches referred to in OPS 1.640 (a)(4); |
| --- | --- |

(2)

Electric torches referred to in OPS 1.640 (a)(4);

| (3) | An accurate time piece referred to in OPS 1.650 (b) & 1.652 (b); |
| --- | --- |

(3)

An accurate time piece referred to in OPS 1.650 (b) & 1.652 (b);

| (4) | Chart holder referred to in OPS 1.652 (n). |
| --- | --- |

(4)

Chart holder referred to in OPS 1.652 (n).

| (5) | First-aid kits referred to in OPS 1.745; |
| --- | --- |

(5)

First-aid kits referred to in OPS 1.745;

| (6) | Emergency medical kit referred to in OPS 1.755; |
| --- | --- |

(6)

Emergency medical kit referred to in OPS 1.755;

| (7) | Megaphones referred to in OPS 1.810; |
| --- | --- |

(7)

Megaphones referred to in OPS 1.810;

| (8) | Survival and pyrotechnic signalling equipment referred to in OPS 1.835 (a) and (c); and |
| --- | --- |

(8)

Survival and pyrotechnic signalling equipment referred to in OPS 1.835 (a) and (c); and

| (9) | Sea anchors and equipment for mooring, anchoring or manoeuvring seaplanes and amphibians on water referred to in OPS 1.840. |
| --- | --- |

(9)

Sea anchors and equipment for mooring, anchoring or manoeuvring seaplanes and amphibians on water referred to in OPS 1.840.

| (d) | If equipment is to be used by one flight crew member at his/her station during flight, it must be readily operable from his/her station. When a single item of equipment is required to be operated by more than one flight crew member it must be installed so that the equipment is readily operable from any station at which the equipment is required to be operated. |
| --- | --- |

(d)

If equipment is to be used by one flight crew member at his/her station during flight, it must be readily operable from his/her station. When a single item of equipment is required to be operated by more than one flight crew member it must be installed so that the equipment is readily operable from any station at which the equipment is required to be operated.

| (e) | Those instruments that are used by any one flight crew member shall be so arranged as to permit the flight crew member to see the indications readily from his/her station, with the minimum practicable deviation from the position and line of vision which he/she normally assumes when looking forward along the flight path. Whenever a single instrument is required in an aeroplane operated by more than 1 flight crew member it must be installed so that the instrument is visible from each applicable flight crew station. |
| --- | --- |

(e)

Those instruments that are used by any one flight crew member shall be so arranged as to permit the flight crew member to see the indications readily from his/her station, with the minimum practicable deviation from the position and line of vision which he/she normally assumes when looking forward along the flight path. Whenever a single instrument is required in an aeroplane operated by more than 1 flight crew member it must be installed so that the instrument is visible from each applicable flight crew station.

OPS 1.635

Circuit protection devices

An operator shall not operate an aeroplane in which fuses are used unless there are spare fuses available for use in flight equal to at least 10 % of the number of fuses of each rating or three of each rating whichever is the greater.

OPS 1.640

Aeroplane operating lights

An operator shall not operate an aeroplane unless it is equipped with:

| (a) | For flight by day:






  (1) | Anti-collision light system; |
| --- | --- | --- |

(a)

For flight by day:

(1)

Anti-collision light system;

| (2) | Lighting supplied from the aeroplane's electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the aeroplane; |
| --- | --- |

(2)

Lighting supplied from the aeroplane's electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the aeroplane;

| (3) | Lighting supplied from the aeroplane's electrical system to provide illumination in all passenger compartments; and |
| --- | --- |

(3)

Lighting supplied from the aeroplane's electrical system to provide illumination in all passenger compartments; and

| (4) | An electric torch for each required crew member readily accessible to crew members when seated at their designated station. |
| --- | --- |

(4)

An electric torch for each required crew member readily accessible to crew members when seated at their designated station.

| (b) | For flight by night, in addition to equipment specified in paragraph (a) above:






  (1) | Navigation/position lights; and |
| --- | --- | --- |

(b)

For flight by night, in addition to equipment specified in paragraph (a) above:

(1)

Navigation/position lights; and

| (2) | Two landing lights or a single light having two separately energised filaments; and |
| --- | --- |

(2)

Two landing lights or a single light having two separately energised filaments; and

| (3) | Lights to conform with the International regulations for preventing collisions at sea if the aeroplane is a Seaplane or an Amphibian. |
| --- | --- |

(3)

Lights to conform with the International regulations for preventing collisions at sea if the aeroplane is a Seaplane or an Amphibian.

OPS 1.645

Windshield wipers

An operator shall not operate an aeroplane with a maximum certificated take-off mass of more than 5 700 kg unless it is equipped at each pilot station with a windshield wiper or equivalent means to maintain a clear portion of the windshield during precipitation.

OPS 1.650

Day VFR operations — Flight and navigational instruments and associated equipment

An operator shall not operate an aeroplane by day in accordance with Visual Flight Rules (VFR) unless it is equipped with the flight and navigational instruments and associated equipment and, where applicable, under the conditions stated in the following sub-paragraphs:

| (a) | A magnetic compass; |
| --- | --- |

(a)

A magnetic compass;

| (b) | An accurate timepiece showing the time in hours, minutes, and seconds; |
| --- | --- |

(b)

An accurate timepiece showing the time in hours, minutes, and seconds;

| (c) | A sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight; |
| --- | --- |

(c)

A sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight;

| (d) | An airspeed indicator calibrated in knots; |
| --- | --- |

(d)

An airspeed indicator calibrated in knots;

| (e) | A vertical speed indicator; |
| --- | --- |

(e)

A vertical speed indicator;

| (f) | A turn and slip indicator, or a turn coordinator incorporating a slip indicator; |
| --- | --- |

(f)

A turn and slip indicator, or a turn coordinator incorporating a slip indicator;

| (g) | An attitude indicator; |
| --- | --- |

(g)

An attitude indicator;

| (h) | A stabilised direction indicator; and |
| --- | --- |

(h)

A stabilised direction indicator; and

| (i) | A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees Celsius. |
| --- | --- |

(i)

A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees Celsius.

| (j) | For flights which do not exceed 60 minutes duration, which take off and land at the same aerodrome, and which remain within 50 nm of that aerodrome, the instruments prescribed in sub-paragraphs (f), (g) and (h) above, and sub-paragraphs (k)(4), (k)(5) and (k)(6) below, may all be replaced by either a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator, or both an attitude indicator and a slip indicator. |
| --- | --- |

(j)

For flights which do not exceed 60 minutes duration, which take off and land at the same aerodrome, and which remain within 50 nm of that aerodrome, the instruments prescribed in sub-paragraphs (f), (g) and (h) above, and sub-paragraphs (k)(4), (k)(5) and (k)(6) below, may all be replaced by either a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator, or both an attitude indicator and a slip indicator.

| (k) | Whenever two pilots are required the second pilot's station shall have separate instruments as follows:






  (1) | A sensitive pressure altimeter calibrated in feet with a sub-scale setting calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight; |
| --- | --- | --- |

(k)

Whenever two pilots are required the second pilot's station shall have separate instruments as follows:

(1)

A sensitive pressure altimeter calibrated in feet with a sub-scale setting calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight;

| (2) | An airspeed indicator calibrated in knots; |
| --- | --- |

(2)

An airspeed indicator calibrated in knots;

| (3) | A vertical speed indicator; |
| --- | --- |

(3)

A vertical speed indicator;

| (4) | A turn and slip indicator, or a turn coordinator incorporating a slip indicator; |
| --- | --- |

(4)

A turn and slip indicator, or a turn coordinator incorporating a slip indicator;

| (5) | An attitude indicator; and |
| --- | --- |

(5)

An attitude indicator; and

| (6) | A stabilised direction indicator. |
| --- | --- |

(6)

A stabilised direction indicator.

| (l) | Each airspeed indicating system must be equipped with a heated pitot tube or equivalent means for preventing malfunction due to either condensation or icing for:






  (1) | aeroplanes with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9; |
| --- | --- | --- |

(l)

Each airspeed indicating system must be equipped with a heated pitot tube or equivalent means for preventing malfunction due to either condensation or icing for:

(1)

aeroplanes with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9;

| (2) | aeroplanes first issued with an individual certificate of airworthiness on or after 1 April 1999. |
| --- | --- |

(2)

aeroplanes first issued with an individual certificate of airworthiness on or after 1 April 1999.

| (m) | Whenever duplicate instruments are required, the requirement embraces separate displays for each pilot and separate selectors or other associated equipment where appropriate. |
| --- | --- |

(m)

Whenever duplicate instruments are required, the requirement embraces separate displays for each pilot and separate selectors or other associated equipment where appropriate.

| (n) | All aeroplanes must be equipped with means for indicating when power is not adequately supplied to the required flight instruments; and |
| --- | --- |

(n)

All aeroplanes must be equipped with means for indicating when power is not adequately supplied to the required flight instruments; and

| (o) | All aeroplanes with compressibility limitations not otherwise indicated by the required airspeed indicators shall be equipped with a Mach number indicator at each pilot's station. |
| --- | --- |

(o)

All aeroplanes with compressibility limitations not otherwise indicated by the required airspeed indicators shall be equipped with a Mach number indicator at each pilot's station.

| (p) | An operator shall not conduct Day VFR operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on flight deck duty. |
| --- | --- |

(p)

An operator shall not conduct Day VFR operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on flight deck duty.

OPS 1.652

IFR or night operations — Flight and navigational instruments and associated equipment

An operator shall not operate an aeroplane in accordance with Instrument Flight Rules (IFR) or by night in accordance with Visual Flight Rules (VFR) unless it is equipped with the flight and navigational instruments and associated equipment and, where applicable, under the conditions stated in the following sub-paragraphs:

| (a) | A magnetic compass; |
| --- | --- |

(a)

A magnetic compass;

| (b) | An accurate time-piece showing the time in hours, minutes and seconds; |
| --- | --- |

(b)

An accurate time-piece showing the time in hours, minutes and seconds;

| (c) | Two sensitive pressure altimeters calibrated in feet with sub-scale settings, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight; These altimeters must have counter drum-pointer or equivalent presentation. |
| --- | --- |

(c)

Two sensitive pressure altimeters calibrated in feet with sub-scale settings, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight; These altimeters must have counter drum-pointer or equivalent presentation.

| (d) | An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to either condensation or icing including a warning indication of pitot heater failure. The pitot heater failure warning indication requirement does not apply to those aeroplanes with a maximum approved passenger seating configuration of 9 or less or a maximum certificated take-off mass of 5 700 kg or less and issued with an individual Certificate of Airworthiness prior to 1 April 1998; |
| --- | --- |

(d)

An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to either condensation or icing including a warning indication of pitot heater failure. The pitot heater failure warning indication requirement does not apply to those aeroplanes with a maximum approved passenger seating configuration of 9 or less or a maximum certificated take-off mass of 5 700 kg or less and issued with an individual Certificate of Airworthiness prior to 1 April 1998;

| (e) | A vertical speed indicator; |
| --- | --- |

(e)

A vertical speed indicator;

| (f) | A turn and slip indicator; |
| --- | --- |

(f)

A turn and slip indicator;

| (g) | An attitude indicator; |
| --- | --- |

(g)

An attitude indicator;

| (h) | A stabilised direction indicator; |
| --- | --- |

(h)

A stabilised direction indicator;

| (i) | A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees Celsius; and |
| --- | --- |

(i)

A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees Celsius; and

| (j) | Two independent static pressure systems, except that for propeller driven aeroplanes with maximum certificated take-off mass of 5 700 kg or less, one static pressure system and one alternate source of static pressure is allowed. |
| --- | --- |

(j)

Two independent static pressure systems, except that for propeller driven aeroplanes with maximum certificated take-off mass of 5 700 kg or less, one static pressure system and one alternate source of static pressure is allowed.

| (k) | Whenever two pilots are required the second pilot's station shall have separate instruments as follows:






  (1) | A sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight and which may be one of the 2 altimeters required by sub-paragraph (c) above. These altimeters must have counter drum-pointer or equivalent presentation. |
| --- | --- | --- |

(k)

Whenever two pilots are required the second pilot's station shall have separate instruments as follows:

(1)

A sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight and which may be one of the 2 altimeters required by sub-paragraph (c) above. These altimeters must have counter drum-pointer or equivalent presentation.

| (2) | An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to either condensation or icing including a warning indication of pitot heater failure. The pitot heater failure warning indication requirement does not apply to those aeroplanes with a maximum approved passenger seating configuration of 9 or less or a maximum certificated take-off mass of 5 700 kg or less and issued with an individual Certificate of Airworthiness prior to 1 April 1998; |
| --- | --- |

(2)

An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to either condensation or icing including a warning indication of pitot heater failure. The pitot heater failure warning indication requirement does not apply to those aeroplanes with a maximum approved passenger seating configuration of 9 or less or a maximum certificated take-off mass of 5 700 kg or less and issued with an individual Certificate of Airworthiness prior to 1 April 1998;

| (3) | A vertical speed indicator; |
| --- | --- |

(3)

A vertical speed indicator;

| (4) | A turn and slip indicator; |
| --- | --- |

(4)

A turn and slip indicator;

| (5) | An attitude indicator; and |
| --- | --- |

(5)

An attitude indicator; and

| (6) | A stabilised direction indicator. |
| --- | --- |

(6)

A stabilised direction indicator.

| (l) | Those aeroplanes with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats must be equipped with an additional, standby attitude indicator (artificial horizon), capable of being used from either pilot's station, that:






  (1) | Is powered continuously during normal operation and, after a total failure of the normal electrical generating system is powered from a source independent of the normal electrical generating system; |
| --- | --- | --- |

(l)

Those aeroplanes with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats must be equipped with an additional, standby attitude indicator (artificial horizon), capable of being used from either pilot's station, that:

(1)

Is powered continuously during normal operation and, after a total failure of the normal electrical generating system is powered from a source independent of the normal electrical generating system;

| (2) | Provides reliable operation for a minimum of 30 minutes after total failure of the normal electrical generating system, taking into account other loads on the emergency power supply and operational procedures; |
| --- | --- |

(2)

Provides reliable operation for a minimum of 30 minutes after total failure of the normal electrical generating system, taking into account other loads on the emergency power supply and operational procedures;

| (3) | Operates independently of any other attitude indicating system; |
| --- | --- |

(3)

Operates independently of any other attitude indicating system;

| (4) | Is operative automatically after total failure of the normal electrical generating system; and |
| --- | --- |

(4)

Is operative automatically after total failure of the normal electrical generating system; and

| (5) | Is appropriately illuminated during all phases of operation, |
| --- | --- |

(5)

Is appropriately illuminated during all phases of operation,

except for aeroplanes with a maximum certificated take-off mass of 5 700 kg or less, already registered in a Member State on 1 April 1995, equipped with a standby attitude indicator in the left-hand instrument panel.

| (m) | In complying with sub-paragraph (l) above, it must be clearly evident to the flight crew when the standby attitude indicator, required by that sub-paragraph, is being operated by emergency power. Where the standby attitude indicator has its own dedicated power supply there shall be an associated indication, either on the instrument or on the instrument panel, when this supply is in use. |
| --- | --- |

(m)

In complying with sub-paragraph (l) above, it must be clearly evident to the flight crew when the standby attitude indicator, required by that sub-paragraph, is being operated by emergency power. Where the standby attitude indicator has its own dedicated power supply there shall be an associated indication, either on the instrument or on the instrument panel, when this supply is in use.

| (n) | A chart holder in an easily readable position which can be illuminated for night operations. |
| --- | --- |

(n)

A chart holder in an easily readable position which can be illuminated for night operations.

| (o) | If the standby attitude instrument system is certificated according to CS 25.1303(b)(4) or equivalent, the turn and slip indicators may be replaced by slip indicators. |
| --- | --- |

(o)

If the standby attitude instrument system is certificated according to CS 25.1303(b)(4) or equivalent, the turn and slip indicators may be replaced by slip indicators.

| (p) | Whenever duplicate instruments are required, the requirement embraces separate displays for each pilot and separate selectors or other associated equipment where appropriate; |
| --- | --- |

(p)

Whenever duplicate instruments are required, the requirement embraces separate displays for each pilot and separate selectors or other associated equipment where appropriate;

| (q) | All aeroplanes must be equipped with means for indicating when power is not adequately supplied to the required flight instruments; and |
| --- | --- |

(q)

All aeroplanes must be equipped with means for indicating when power is not adequately supplied to the required flight instruments; and

| (r) | All aeroplanes with compressibility limitations not otherwise indicated by the required airspeed indicators shall be equipped with a Mach number indicator at each pilot's station. |
| --- | --- |

(r)

All aeroplanes with compressibility limitations not otherwise indicated by the required airspeed indicators shall be equipped with a Mach number indicator at each pilot's station.

| (s) | An operator shall not conduct IFR or night operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on flight deck duty and a transmit button on the control wheel for each required pilot. |
| --- | --- |

(s)

An operator shall not conduct IFR or night operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on flight deck duty and a transmit button on the control wheel for each required pilot.

OPS 1.655

Additional equipment for single pilot operation under IFR or at night

An operator shall not conduct single pilot IFR operations unless the aeroplane is equipped with an autopilot with at least altitude hold and heading mode.

OPS 1.660

Altitude alerting system

| (a) | An operator shall not operate a turbine propeller powered aeroplane with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats or a turbojet powered aeroplane unless it is equipped with an altitude alerting system capable of:






  (1) | Alerting the flight crew upon approaching a preselected altitude; and |
| --- | --- | --- |

(a)

An operator shall not operate a turbine propeller powered aeroplane with a maximum certificated take-off mass in excess of 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats or a turbojet powered aeroplane unless it is equipped with an altitude alerting system capable of:

(1)

Alerting the flight crew upon approaching a preselected altitude; and

| (2) | Alerting the flight crew by at least an aural signal, when deviating above or below a preselected altitude,
  except for aeroplanes with a maximum certificated take-off mass of 5 700 kg or less having a maximum approved passenger seating configuration of more than 9 and first issued with an individual certificate of airworthiness before 1 April 1972 and already registered in a Member State on 1 April 1995. |
| --- | --- |

(2)

Alerting the flight crew by at least an aural signal, when deviating above or below a preselected altitude,

except for aeroplanes with a maximum certificated take-off mass of 5 700 kg or less having a maximum approved passenger seating configuration of more than 9 and first issued with an individual certificate of airworthiness before 1 April 1972 and already registered in a Member State on 1 April 1995.

OPS 1.665

Ground proximity warning system and terrain awareness warning system

| (a) | An operator shall not operate a turbine powered aeroplane having a maximum certificated take-off mass in excess of 5 700 kg or a maximum approved passenger seating configuration of more than 9 unless it is equipped with a ground proximity warning system that includes a predictive terrain hazard warning function (Terrain Awareness and Warning System — TAWS). |
| --- | --- |

(a)

An operator shall not operate a turbine powered aeroplane having a maximum certificated take-off mass in excess of 5 700 kg or a maximum approved passenger seating configuration of more than 9 unless it is equipped with a ground proximity warning system that includes a predictive terrain hazard warning function (Terrain Awareness and Warning System — TAWS).

| (b) | The ground proximity warning system must automatically provide, by means of aural signals, which may be supplemented by visual signals, timely and distinctive warning to the flight crew of sink rate, ground proximity, altitude loss after take-off or go-around, incorrect landing configuration and downward glide slope deviation. |
| --- | --- |

(b)

The ground proximity warning system must automatically provide, by means of aural signals, which may be supplemented by visual signals, timely and distinctive warning to the flight crew of sink rate, ground proximity, altitude loss after take-off or go-around, incorrect landing configuration and downward glide slope deviation.

| (c) | The terrain awareness and warning system must automatically provide the flight crew, by means of visual and aural signals and a Terrain Awareness Display, with sufficient alerting time to prevent controlled flight into terrain events, and provided a forward looking capability and terrain clearance floor. |
| --- | --- |

(c)

The terrain awareness and warning system must automatically provide the flight crew, by means of visual and aural signals and a Terrain Awareness Display, with sufficient alerting time to prevent controlled flight into terrain events, and provided a forward looking capability and terrain clearance floor.

OPS 1.668

Airborne Collision Avoidance System

An operator shall not operate a turbine powered aeroplane having a maximum certificated take-off mass in excess of 5 700 kg or a maximum approved passenger seating configuration of more than 19 unless it is equipped with an airborne collision avoidance system with a minimum performance level of at least ACAS II.

OPS 1.670

Airborne weather radar equipment

| (a) | An operator shall not operate:






  (1) | A pressurised aeroplane; or |
| --- | --- | --- |

(a)

An operator shall not operate:

(1)

A pressurised aeroplane; or

| (2) | An unpressurised aeroplane which has a maximum certificated take-off mass of more than 5 700 kg; or |
| --- | --- |

(2)

An unpressurised aeroplane which has a maximum certificated take-off mass of more than 5 700 kg; or

| (3) | An unpressurised aeroplane having a maximum approved passenger seating configuration of more than 9 seats, unless it is equipped with airborne weather radar equipment whenever such an aeroplane is being operated at night or in instrument meteorological conditions in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather radar, may be expected to exist along the route. |
| --- | --- |

(3)

An unpressurised aeroplane having a maximum approved passenger seating configuration of more than 9 seats, unless it is equipped with airborne weather radar equipment whenever such an aeroplane is being operated at night or in instrument meteorological conditions in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather radar, may be expected to exist along the route.

| (b) | For propeller driven pressurised aeroplanes having a maximum certificated take-off mass not exceeding 5 700 kg with a maximum approved passenger seating configuration not exceeding 9 seats the airborne weather radar equipment may be replaced by other equipment capable of detecting thunderstorms and other potentially hazardous weather conditions, regarded as detectable with airborne weather radar equipment, subject to approval by the Authority. |
| --- | --- |

(b)

For propeller driven pressurised aeroplanes having a maximum certificated take-off mass not exceeding 5 700 kg with a maximum approved passenger seating configuration not exceeding 9 seats the airborne weather radar equipment may be replaced by other equipment capable of detecting thunderstorms and other potentially hazardous weather conditions, regarded as detectable with airborne weather radar equipment, subject to approval by the Authority.

OPS 1.675

Equipment for operations in icing conditions

| (a) | An operator shall not operate an aeroplane in expected or actual icing conditions unless it is certificated and equipped to operate in icing conditions. |
| --- | --- |

(a)

An operator shall not operate an aeroplane in expected or actual icing conditions unless it is certificated and equipped to operate in icing conditions.

| (b) | An operator shall not operate an aeroplane in expected or actual icing conditions at night unless it is equipped with a means to illuminate or detect the formation of ice. Any illumination that is used must be of a type that will not cause glare or reflection that would handicap crew members in the performance of their duties. |
| --- | --- |

(b)

An operator shall not operate an aeroplane in expected or actual icing conditions at night unless it is equipped with a means to illuminate or detect the formation of ice. Any illumination that is used must be of a type that will not cause glare or reflection that would handicap crew members in the performance of their duties.

OPS 1.680

Cosmic radiation detection equipment

An operator shall ensure that aeroplanes intended to be operated above 15 000 m (49 000 ft) are equipped with an instrument to measure and indicate continuously the dose rate of total cosmic radiation being received (i.e. the total of ionizing and neutron radiation of galactic and solar origin) and the cumulative dose on each flight.

OPS 1.685

Flight crew interphone system

An operator shall not operate an aeroplane on which a flight crew of more than one is required unless it is equipped with a flight crew interphone system, including headsets and microphones, not of a handheld type, for use by all members of the flight crew.

OPS 1.690

Crew member interphone system

| (a) | An operator shall not operate an aeroplane with a maximum certificated take-off mass exceeding 15 000 kg or having a maximum approved passenger seating configuration of more than 19 unless it is equipped with a crew member interphone system except for aeroplanes first issued with an individual certificate of airworthiness before 1 April 1965 and already registered in a Member State on 1 April 1995. |
| --- | --- |

(a)

An operator shall not operate an aeroplane with a maximum certificated take-off mass exceeding 15 000 kg or having a maximum approved passenger seating configuration of more than 19 unless it is equipped with a crew member interphone system except for aeroplanes first issued with an individual certificate of airworthiness before 1 April 1965 and already registered in a Member State on 1 April 1995.

| (b) | The crew member interphone system required by this paragraph must:






  (1) | Operate independently of the public address system except for handsets, headsets, microphones, selector switches and signalling devices; |
| --- | --- | --- |

(b)

The crew member interphone system required by this paragraph must:

(1)

Operate independently of the public address system except for handsets, headsets, microphones, selector switches and signalling devices;

| (2) | Provide a means of two-way communication between the flight crew compartment and:






  (i) | Each passenger compartment; |
| --- | --- | --- |

(2)

Provide a means of two-way communication between the flight crew compartment and:

(i)

Each passenger compartment;

| (ii) | Each galley located other than on a passenger deck level; and |
| --- | --- |

(ii)

Each galley located other than on a passenger deck level; and

| (iii) | Each remote crew compartment that is not on the passenger deck and is not easily accessible from a passenger compartment; |
| --- | --- |

(iii)

Each remote crew compartment that is not on the passenger deck and is not easily accessible from a passenger compartment;

| (3) | Be readily accessible for use from each of the required flight crew stations in the flight crew compartment; |
| --- | --- |

(3)

Be readily accessible for use from each of the required flight crew stations in the flight crew compartment;

| (4) | Be readily accessible for use at required cabin crew member stations close to each separate or pair of floor level emergency exits; |
| --- | --- |

(4)

Be readily accessible for use at required cabin crew member stations close to each separate or pair of floor level emergency exits;

| (5) | Have an alerting system incorporating aural or visual signals for use by flight crew members to alert the cabin crew and for use by cabin crew members to alert the flight crew; |
| --- | --- |

(5)

Have an alerting system incorporating aural or visual signals for use by flight crew members to alert the cabin crew and for use by cabin crew members to alert the flight crew;

| (6) | Have a means for the recipient of a call to determine whether it is a normal call or an emergency call; and |
| --- | --- |

(6)

Have a means for the recipient of a call to determine whether it is a normal call or an emergency call; and

| (7) | Provide on the ground a means of two-way communication between ground personnel and at least two flight crew members. |
| --- | --- |

(7)

Provide on the ground a means of two-way communication between ground personnel and at least two flight crew members.

OPS 1.695

Public address system

| (a) | An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 19 unless a public address system is installed. |
| --- | --- |

(a)

An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 19 unless a public address system is installed.

| (b) | The public address system required by this paragraph must:






  (1) | Operate independently of the interphone systems except for handsets, headsets, microphones, selector switches and signalling devices; |
| --- | --- | --- |

(b)

The public address system required by this paragraph must:

(1)

Operate independently of the interphone systems except for handsets, headsets, microphones, selector switches and signalling devices;

| (2) | Be readily accessible for immediate use from each required flight crew member station; |
| --- | --- |

(2)

Be readily accessible for immediate use from each required flight crew member station;

| (3) | For each required floor level passenger emergency exit which has an adjacent cabin crew seat, have a microphone which is readily accessible to the seated cabin crew member, except that one microphone may serve more than one exit, provided the proximity of the exits allows unassisted verbal communication between seated cabin crew members; |
| --- | --- |

(3)

For each required floor level passenger emergency exit which has an adjacent cabin crew seat, have a microphone which is readily accessible to the seated cabin crew member, except that one microphone may serve more than one exit, provided the proximity of the exits allows unassisted verbal communication between seated cabin crew members;

| (4) | Be capable of operation within 10 seconds by a cabin crew member at each of those stations in the compartment from which its use is accessible; and |
| --- | --- |

(4)

Be capable of operation within 10 seconds by a cabin crew member at each of those stations in the compartment from which its use is accessible; and

| (5) | Be audible and intelligible at all passenger seats, toilets and cabin crew seats and work stations. |
| --- | --- |

(5)

Be audible and intelligible at all passenger seats, toilets and cabin crew seats and work stations.

OPS 1.700

Cockpit voice recorders-1

| (a) | An operator shall not operate an aeroplane first issued with an individual Certificate of Airworthiness, on or after 1 April 1998, which:






  (1) | Is multi-engine turbine powered and has a maximum approved passenger seating configuration of more than 9; or |
| --- | --- | --- |

(a)

An operator shall not operate an aeroplane first issued with an individual Certificate of Airworthiness, on or after 1 April 1998, which:

(1)

Is multi-engine turbine powered and has a maximum approved passenger seating configuration of more than 9; or

| (2) | Has a maximum certificated take-off mass over 5 700 kg,
  unless it is equipped with a cockpit voice recorder which, with reference to a time scale, records:






  (i) | Voice communications transmitted from or received on the flight deck by radio; |
| --- | --- | --- |

(2)

Has a maximum certificated take-off mass over 5 700 kg,

unless it is equipped with a cockpit voice recorder which, with reference to a time scale, records:

(i)

Voice communications transmitted from or received on the flight deck by radio;

| (ii) | The aural environment of the flight deck, including without interruption, the audio signals received from each boom and mask microphone in use; |
| --- | --- |

(ii)

The aural environment of the flight deck, including without interruption, the audio signals received from each boom and mask microphone in use;

| (iii) | Voice communications of flight crew members on the flight deck using the aeroplane's interphone system; |
| --- | --- |

(iii)

Voice communications of flight crew members on the flight deck using the aeroplane's interphone system;

| (iv) | Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and |
| --- | --- |

(iv)

Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and

| (v) | Voice communications of flight crew members on the flight deck using the public address system, if installed. |
| --- | --- |

(v)

Voice communications of flight crew members on the flight deck using the public address system, if installed.

| (b) | The cockpit voice recorder shall be capable of retaining information recorded during at least the last 2 hours of its operation except that, for those aeroplanes with a maximum certificated take-off mass of 5 700 kg or less, this period may be reduced to 30 minutes. |
| --- | --- |

(b)

The cockpit voice recorder shall be capable of retaining information recorded during at least the last 2 hours of its operation except that, for those aeroplanes with a maximum certificated take-off mass of 5 700 kg or less, this period may be reduced to 30 minutes.

| (c) | The cockpit voice recorder must start automatically to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power. In addition, depending on the availability of electrical power, the cockpit voice recorder must start to record as early as possible during the cockpit checks prior to engine start at the beginning of the flight until the cockpit checks immediately following engine shutdown at the end of the flight. |
| --- | --- |

(c)

The cockpit voice recorder must start automatically to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power. In addition, depending on the availability of electrical power, the cockpit voice recorder must start to record as early as possible during the cockpit checks prior to engine start at the beginning of the flight until the cockpit checks immediately following engine shutdown at the end of the flight.

| (d) | The cockpit voice recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(d)

The cockpit voice recorder must have a device to assist in locating that recorder in water.

OPS 1.705

Cockpit voice recorders-2

| (a) | An operator shall not operate any multi-engined turbine aeroplane first issued with an individual Certificate of Airworthiness, on or after 1 January 1990 up to and including 31 March 1998 which has a maximum certificated take-off mass of 5 700 kg or less and a maximum approved passenger seating configuration of more than 9, unless it is equipped with a cockpit voice recorder which records:






  (1) | Voice communications transmitted from or received on the flight deck by radio; |
| --- | --- | --- |

(a)

An operator shall not operate any multi-engined turbine aeroplane first issued with an individual Certificate of Airworthiness, on or after 1 January 1990 up to and including 31 March 1998 which has a maximum certificated take-off mass of 5 700 kg or less and a maximum approved passenger seating configuration of more than 9, unless it is equipped with a cockpit voice recorder which records:

(1)

Voice communications transmitted from or received on the flight deck by radio;

| (2) | The aural environment of the flight deck, including where practicable, without interruption, the audio signals received from each boom and mask microphone in use; |
| --- | --- |

(2)

The aural environment of the flight deck, including where practicable, without interruption, the audio signals received from each boom and mask microphone in use;

| (3) | Voice communications of flight crew members on the flight deck using the aeroplane's interphone system; |
| --- | --- |

(3)

Voice communications of flight crew members on the flight deck using the aeroplane's interphone system;

| (4) | Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and |
| --- | --- |

(4)

Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and

| (5) | Voice communications of flight crew members on the flight deck using the public address system, if installed. |
| --- | --- |

(5)

Voice communications of flight crew members on the flight deck using the public address system, if installed.

| (b) | The cockpit voice recorder shall be capable of retaining information recorded during at least the last 30 minutes of its operation. |
| --- | --- |

(b)

The cockpit voice recorder shall be capable of retaining information recorded during at least the last 30 minutes of its operation.

| (c) | The cockpit voice recorder must start to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power. In addition, depending on the availability of electrical power, the cockpit voice recorder must start to record as early as possible during the cockpit checks, prior to the flight until the cockpit checks immediately following engine shutdown at the end of the flight. |
| --- | --- |

(c)

The cockpit voice recorder must start to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power. In addition, depending on the availability of electrical power, the cockpit voice recorder must start to record as early as possible during the cockpit checks, prior to the flight until the cockpit checks immediately following engine shutdown at the end of the flight.

| (d) | The cockpit voice recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(d)

The cockpit voice recorder must have a device to assist in locating that recorder in water.

OPS 1.710

Cockpit voice recorders-3

| (a) | An operator shall not operate any aeroplane with a maximum certificated take-off mass over 5 700 kg first issued with an individual certificate of airworthiness, before 1 April 1998 unless it is equipped with a cockpit voice recorder which records:






  (1) | Voice communications transmitted from or received on the flight deck by radio; |
| --- | --- | --- |

(a)

An operator shall not operate any aeroplane with a maximum certificated take-off mass over 5 700 kg first issued with an individual certificate of airworthiness, before 1 April 1998 unless it is equipped with a cockpit voice recorder which records:

(1)

Voice communications transmitted from or received on the flight deck by radio;

| (2) | The aural environment of the flight deck; |
| --- | --- |

(2)

The aural environment of the flight deck;

| (3) | Voice communications of flight crew members on the flight deck using the aeroplane's interphone system; |
| --- | --- |

(3)

Voice communications of flight crew members on the flight deck using the aeroplane's interphone system;

| (4) | Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and |
| --- | --- |

(4)

Voice or audio signals identifying navigation or approach aids introduced into a headset or speaker; and

| (5) | Voice communications of flight crew members on the flight deck using the public address system, if installed. |
| --- | --- |

(5)

Voice communications of flight crew members on the flight deck using the public address system, if installed.

| (b) | The cockpit voice recorder shall be capable of retaining information recorded during at least the last 30 minutes of its operation. |
| --- | --- |

(b)

The cockpit voice recorder shall be capable of retaining information recorded during at least the last 30 minutes of its operation.

| (c) | The cockpit voice recorder must start to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power. |
| --- | --- |

(c)

The cockpit voice recorder must start to record prior to the aeroplane moving under its own power and continue to record until the termination of the flight when the aeroplane is no longer capable of moving under its own power.

| (d) | The cockpit voice recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(d)

The cockpit voice recorder must have a device to assist in locating that recorder in water.

OPS 1.715

Flight data recorders-1

(See Appendix 1 to OPS 1.715)

| (a) | An operator shall not operate any aeroplane first issued with an individual Certificate of Airworthiness on or after 1 April 1998 which:






  (1) | Is multi-engine turbine powered and has a maximum approved passenger seating configuration of more than 9; or |
| --- | --- | --- |

(a)

An operator shall not operate any aeroplane first issued with an individual Certificate of Airworthiness on or after 1 April 1998 which:

(1)

Is multi-engine turbine powered and has a maximum approved passenger seating configuration of more than 9; or

| (2) | Has a maximum certificated take-off mass over 5 700 kg, |
| --- | --- |

(2)

Has a maximum certificated take-off mass over 5 700 kg,

unless it is equipped with a flight data recorder that uses a digital method of recording and storing data and a method of readily retrieving that data from the storage medium is available.

| (b) | The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation except that, for those aeroplanes with a maximum certificated take-off mass of 5 700 kg or less, this period may be reduced to 10 hours. |
| --- | --- |

(b)

The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation except that, for those aeroplanes with a maximum certificated take-off mass of 5 700 kg or less, this period may be reduced to 10 hours.

| (c) | The flight data recorder must, with reference to a timescale, record:






  (1) | The parameters listed in Tables A1 or A2 of Appendix 1 to OPS 1.715 as applicable; |
| --- | --- | --- |

(c)

The flight data recorder must, with reference to a timescale, record:

(1)

The parameters listed in Tables A1 or A2 of Appendix 1 to OPS 1.715 as applicable;

| (2) | For those aeroplanes with a maximum certificated take-off mass over 27 000 kg, the additional parameters listed in Table B of Appendix 1 to OPS 1.715; |
| --- | --- |

(2)

For those aeroplanes with a maximum certificated take-off mass over 27 000 kg, the additional parameters listed in Table B of Appendix 1 to OPS 1.715;

| (3) | For aeroplanes specified in (a) above, the flight data recorder must record any dedicated parameters relating to novel or unique design or operational characteristics of the aeroplane as determined by the Authority during type or supplemental type certification; and |
| --- | --- |

(3)

For aeroplanes specified in (a) above, the flight data recorder must record any dedicated parameters relating to novel or unique design or operational characteristics of the aeroplane as determined by the Authority during type or supplemental type certification; and

| (4) | For aeroplanes equipped with electronic display system the parameters listed in Table C of Appendix 1 to OPS 1.715, except that, for aeroplanes first issued with an individual Certificate of Airworthiness before 20 August 2002 those parameters for which:






  (i) | The sensor is not available; or |
| --- | --- | --- |

(4)

For aeroplanes equipped with electronic display system the parameters listed in Table C of Appendix 1 to OPS 1.715, except that, for aeroplanes first issued with an individual Certificate of Airworthiness before 20 August 2002 those parameters for which:

(i)

The sensor is not available; or

| (ii) | The aeroplane system or equipment generating the data needs to be modified; or |
| --- | --- |

(ii)

The aeroplane system or equipment generating the data needs to be modified; or

| (iii) | The signals are incompatible with the recording system; |
| --- | --- |

(iii)

The signals are incompatible with the recording system;

do not need to be recorded if acceptable to the Authority.

| (d) | Data must be obtained from aeroplane sources which enable accurate correlation with information displayed to the flight crew. |
| --- | --- |

(d)

Data must be obtained from aeroplane sources which enable accurate correlation with information displayed to the flight crew.

| (e) | The flight data recorder must start automatically to record the data prior to the aeroplane being capable of moving under its own power and must stop automatically after the aeroplane is incapable of moving under its own power. |
| --- | --- |

(e)

The flight data recorder must start automatically to record the data prior to the aeroplane being capable of moving under its own power and must stop automatically after the aeroplane is incapable of moving under its own power.

| (f) | The flight data recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(f)

The flight data recorder must have a device to assist in locating that recorder in water.

| (g) | Aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 April 1998, but not later than 1 April 2001 may not be required to comply with OPS 1.715(c) if approved by the Authority, provided that:






  (1) | Compliance with OPS 1.715(c) cannot be achieved without extensive modification to the aeroplane systems and equipment other than the flight data recorder system; and |
| --- | --- | --- |

(g)

Aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 April 1998, but not later than 1 April 2001 may not be required to comply with OPS 1.715(c) if approved by the Authority, provided that:

(1)

Compliance with OPS 1.715(c) cannot be achieved without extensive modification to the aeroplane systems and equipment other than the flight data recorder system; and

| (2) | The aeroplane complies with OPS 1.715(c) except that parameter 15b in Table A of Appendix 1 to OPS 1.720 need not to be recorded. |
| --- | --- |

(2)

The aeroplane complies with OPS 1.715(c) except that parameter 15b in Table A of Appendix 1 to OPS 1.720 need not to be recorded.

OPS 1.720

Flight data recorders-2

(See Appendix 1 to OPS 1.720)

| (a) | An operator shall not operate any aeroplane first issued with an individual certificate of airworthiness on or after 1 June 1990 up to and including 31 March 1998 which has a maximum certificated take-off mass over 5 700 kg unless it is equipped with a flight data recorder that uses a digital method of recording and storing data and a method of readily retrieving that data from the storage medium is available. |
| --- | --- |

(a)

An operator shall not operate any aeroplane first issued with an individual certificate of airworthiness on or after 1 June 1990 up to and including 31 March 1998 which has a maximum certificated take-off mass over 5 700 kg unless it is equipped with a flight data recorder that uses a digital method of recording and storing data and a method of readily retrieving that data from the storage medium is available.

| (b) | The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation. |
| --- | --- |

(b)

The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation.

| (c) | The flight data recorder must, with reference to a timescale, record:






  (1) | The parameters listed in Table A of Appendix 1 to OPS 1.720; and |
| --- | --- | --- |

(c)

The flight data recorder must, with reference to a timescale, record:

(1)

The parameters listed in Table A of Appendix 1 to OPS 1.720; and

| (2) | For those aeroplanes with a maximum certificated take-off mass over 27 000 kg the additional parameters listed in Table B of Appendix 1 to OPS 1.720. |
| --- | --- |

(2)

For those aeroplanes with a maximum certificated take-off mass over 27 000 kg the additional parameters listed in Table B of Appendix 1 to OPS 1.720.

| (d) | For those aeroplanes having a maximum certificated take-off mass of 27 000 kg or below, if acceptable to the Authority, parameters 14 and 15b of Table A of Appendix 1 to OPS 1.720 need not be recorded, when any of the following conditions are met:






  (1) | The sensor is not readily available, |
| --- | --- | --- |

(d)

For those aeroplanes having a maximum certificated take-off mass of 27 000 kg or below, if acceptable to the Authority, parameters 14 and 15b of Table A of Appendix 1 to OPS 1.720 need not be recorded, when any of the following conditions are met:

(1)

The sensor is not readily available,

| (2) | Sufficient capacity is not available in the flight recorder system, |
| --- | --- |

(2)

Sufficient capacity is not available in the flight recorder system,

| (3) | A change is required in the equipment that generates the data. |
| --- | --- |

(3)

A change is required in the equipment that generates the data.

| (e) | For those aeroplanes having a maximum certificated take-off mass over 27 000 kg, if acceptable to the Authority, the following parameters need not be recorded: 15b of Table A of Appendix 1 to OPS 1.720, and 23, 24, 25, 26, 27, 28, 29, 30 and 31 of Table B of Appendix 1, if any of the following conditions are met:






  (1) | The sensor is not readily available, |
| --- | --- | --- |

(e)

For those aeroplanes having a maximum certificated take-off mass over 27 000 kg, if acceptable to the Authority, the following parameters need not be recorded: 15b of Table A of Appendix 1 to OPS 1.720, and 23, 24, 25, 26, 27, 28, 29, 30 and 31 of Table B of Appendix 1, if any of the following conditions are met:

(1)

The sensor is not readily available,

| (2) | Sufficient capacity is not available in the flight data recorder system, |
| --- | --- |

(2)

Sufficient capacity is not available in the flight data recorder system,

| (3) | A change is required in the equipment that generates the data, |
| --- | --- |

(3)

A change is required in the equipment that generates the data,

| (4) | For navigational data (NAV frequency selection, DME distance, latitude, longitude, ground speed and drift) the signals are not available in digital form. |
| --- | --- |

(4)

For navigational data (NAV frequency selection, DME distance, latitude, longitude, ground speed and drift) the signals are not available in digital form.

| (f) | Individual parameters that can be derived by calculation from the other recorded parameters, need not to be recorded if acceptable to the Authority. |
| --- | --- |

(f)

Individual parameters that can be derived by calculation from the other recorded parameters, need not to be recorded if acceptable to the Authority.

| (g) | Data must be obtained from aeroplane sources which enable accurate correlation with information displayed to the flight crew; |
| --- | --- |

(g)

Data must be obtained from aeroplane sources which enable accurate correlation with information displayed to the flight crew;

| (h) | The flight data recorder must start to record the data prior to the aeroplane being capable of moving under its own power and must stop after the aeroplane is incapable of moving under its own power. |
| --- | --- |

(h)

The flight data recorder must start to record the data prior to the aeroplane being capable of moving under its own power and must stop after the aeroplane is incapable of moving under its own power.

| (i) | The flight data recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(i)

The flight data recorder must have a device to assist in locating that recorder in water.

OPS 1.725

Flight data recorders-3

(See Appendix 1 to OPS 1.725)

| (a) | An operator shall not operate any turbine-engined first issued with an individual Certificate of Airworthiness, before 1 June 1990 which has a maximum certificated take-off mass over 5 700 kg unless it is equipped with a flight data recorder that uses a digital method of recording and storing data and a method of readily retrieving that data from the storage medium is available. |
| --- | --- |

(a)

An operator shall not operate any turbine-engined first issued with an individual Certificate of Airworthiness, before 1 June 1990 which has a maximum certificated take-off mass over 5 700 kg unless it is equipped with a flight data recorder that uses a digital method of recording and storing data and a method of readily retrieving that data from the storage medium is available.

| (b) | The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation. |
| --- | --- |

(b)

The flight data recorder shall be capable of retaining the data recorded during at least the last 25 hours of its operation.

| (c) | The flight data recorder must, with reference to a timescale, record:






  (1) | The parameters listed in Table A of Appendix 1 to OPS 1.725. |
| --- | --- | --- |

(c)

The flight data recorder must, with reference to a timescale, record:

(1)

The parameters listed in Table A of Appendix 1 to OPS 1.725.

| (2) | For those aeroplanes with a maximum certificated take-off mass over 27 000 kg that are of a type first type certificated after 30 September 1969, the additional parameters from 6 to 15b of Table B of Appendix 1 to OPS 1.725 of this paragraph. The following parameters need not be recorded, if acceptable to the Authority: 13, 14 and 15b in Table B of Appendix 1 to OPS 1.725 when any of the following conditions are met:






  (i) | The sensor is not readily available, |
| --- | --- | --- |

(2)

For those aeroplanes with a maximum certificated take-off mass over 27 000 kg that are of a type first type certificated after 30 September 1969, the additional parameters from 6 to 15b of Table B of Appendix 1 to OPS 1.725 of this paragraph. The following parameters need not be recorded, if acceptable to the Authority: 13, 14 and 15b in Table B of Appendix 1 to OPS 1.725 when any of the following conditions are met:

(i)

The sensor is not readily available,

| (ii) | Sufficient capacity is not available in the flight recorder system, |
| --- | --- |

(ii)

Sufficient capacity is not available in the flight recorder system,

| (iii) | A change is required in the equipment that generates the data; and |
| --- | --- |

(iii)

A change is required in the equipment that generates the data; and

| (3) | When sufficient capacity is available on a flight recorder system, the sensor is readily available and a change is not required in the equipment that generates the data:






  (i) | For aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 January 1989, with a maximum certificated take off mass of over 5 700 kg but not more than 27 000 kg, parameters 6 to 15b of Table B of Appendix 1 to OPS 1.725; and |
| --- | --- | --- |

(3)

When sufficient capacity is available on a flight recorder system, the sensor is readily available and a change is not required in the equipment that generates the data:

(i)

For aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 January 1989, with a maximum certificated take off mass of over 5 700 kg but not more than 27 000 kg, parameters 6 to 15b of Table B of Appendix 1 to OPS 1.725; and

| (ii) | For aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 January 1987, with a maximum certificated take off mass of over 27 000 kg the remaining parameters of Table B of Appendix 1 to OPS 1.725. |
| --- | --- |

(ii)

For aeroplanes first issued with an individual Certificate of Airworthiness on or after 1 January 1987, with a maximum certificated take off mass of over 27 000 kg the remaining parameters of Table B of Appendix 1 to OPS 1.725.

| (d) | Individual parameters that can be derived by calculation from the other recorded parameters, need not to be recorded if acceptable to the Authority. |
| --- | --- |

(d)

Individual parameters that can be derived by calculation from the other recorded parameters, need not to be recorded if acceptable to the Authority.

| (e) | Data must be obtained from aircraft sources which enable accurate correlation with information displayed to the flight crew. |
| --- | --- |

(e)

Data must be obtained from aircraft sources which enable accurate correlation with information displayed to the flight crew.

| (f) | The flight data recorder must start to record the data prior to the aeroplane being capable of moving under its own power and must stop after the aeroplane is incapable of moving under its own power. |
| --- | --- |

(f)

The flight data recorder must start to record the data prior to the aeroplane being capable of moving under its own power and must stop after the aeroplane is incapable of moving under its own power.

| (g) | The flight data recorder must have a device to assist in locating that recorder in water. |
| --- | --- |

(g)

The flight data recorder must have a device to assist in locating that recorder in water.

OPS 1.727

Combination Recorder

| (a) | Compliance with Cockpit Voice recorder and flight data recorder requirements may be achieved by:






  (1) | One combination recorder if the aeroplane has to be equipped with a cockpit voice recorder or with a flight data recorder only; or |
| --- | --- | --- |

(a)

Compliance with Cockpit Voice recorder and flight data recorder requirements may be achieved by:

(1)

One combination recorder if the aeroplane has to be equipped with a cockpit voice recorder or with a flight data recorder only; or

| (2) | One combination recorder if the aeroplane with a maximum certificated take-off mass of 5 700 kg or less has to be equipped with a cockpit voice recorder and a flight data recorder; or |
| --- | --- |

(2)

One combination recorder if the aeroplane with a maximum certificated take-off mass of 5 700 kg or less has to be equipped with a cockpit voice recorder and a flight data recorder; or

| (3) | Two combination recorders if the aeroplane with a maximum take-off mass over 5 700 kg has to be equipped with a cockpit voice recorder and a flight data recorder. |
| --- | --- |

(3)

Two combination recorders if the aeroplane with a maximum take-off mass over 5 700 kg has to be equipped with a cockpit voice recorder and a flight data recorder.

| (b) | A combination recorder is a flight recorder that records:






  (1) | all voice communications and aural environment required by the relevant cockpit voice recorder paragraph; and |
| --- | --- | --- |

(b)

A combination recorder is a flight recorder that records:

(1)

all voice communications and aural environment required by the relevant cockpit voice recorder paragraph; and

| (2) | all parameters required by the relevant flight data recorder paragraph, with the same specifications required by those paragraphs. |
| --- | --- |

(2)

all parameters required by the relevant flight data recorder paragraph, with the same specifications required by those paragraphs.

OPS 1.730

Seats, seat safety belts, harnesses and child restraint devices

| (a) | An operator shall not operate an aeroplane unless it is equipped with:






  (1) | A seat or berth for each person who is aged two years or more; |
| --- | --- | --- |

(a)

An operator shall not operate an aeroplane unless it is equipped with:

(1)

A seat or berth for each person who is aged two years or more;

| (2) | A safety belt, with or without a diagonal shoulder strap, or a safety harness for use in each passenger seat for each passenger aged 2 years or more; |
| --- | --- |

(2)

A safety belt, with or without a diagonal shoulder strap, or a safety harness for use in each passenger seat for each passenger aged 2 years or more;

| (3) | A supplementary loop belt or other restraint device for each infant; |
| --- | --- |

(3)

A supplementary loop belt or other restraint device for each infant;

| (4) | Except as provided in sub-paragraph (b) below, a safety belt with shoulder harness for each flight crew seat and for any seat alongside a pilot's seat incorporating a device which will automatically restrain the occupant's torso in the event of rapid deceleration; |
| --- | --- |

(4)

Except as provided in sub-paragraph (b) below, a safety belt with shoulder harness for each flight crew seat and for any seat alongside a pilot's seat incorporating a device which will automatically restrain the occupant's torso in the event of rapid deceleration;

| (5) | Except as provided in sub-paragraph (b) below, a safety belt with shoulder harness for each cabin crew seat and observer's seats. However, this requirement does not preclude use of passenger seats by cabin crew members carried in excess of the required cabin crew complement; and |
| --- | --- |

(5)

Except as provided in sub-paragraph (b) below, a safety belt with shoulder harness for each cabin crew seat and observer's seats. However, this requirement does not preclude use of passenger seats by cabin crew members carried in excess of the required cabin crew complement; and

| (6) | Seats for cabin crew members located near required floor level emergency exits except that, if the emergency evacuation of passengers would be enhanced by seating cabin crew members elsewhere, other locations are acceptable. Such seats shall be forward or rearward facing within 15° of the longitudinal axis of the aeroplane. |
| --- | --- |

(6)

Seats for cabin crew members located near required floor level emergency exits except that, if the emergency evacuation of passengers would be enhanced by seating cabin crew members elsewhere, other locations are acceptable. Such seats shall be forward or rearward facing within 15° of the longitudinal axis of the aeroplane.

| (b) | All safety belts with shoulder harness must have a single point release. |
| --- | --- |

(b)

All safety belts with shoulder harness must have a single point release.

| (c) | A safety belt with a diagonal shoulder strap for aeroplanes with a maximum certificated take-off mass not exceeding 5 700 kg or a safety belt for aeroplanes with a maximum certificated take-off mass not exceeding 2 730 kg may be permitted in place of a safety belt with shoulder harness if it is not reasonably practicable to fit the latter. |
| --- | --- |

(c)

A safety belt with a diagonal shoulder strap for aeroplanes with a maximum certificated take-off mass not exceeding 5 700 kg or a safety belt for aeroplanes with a maximum certificated take-off mass not exceeding 2 730 kg may be permitted in place of a safety belt with shoulder harness if it is not reasonably practicable to fit the latter.

OPS 1.731

Fasten Seat belt and No Smoking signs

An operator shall not operate an aeroplane in which all passenger seats are not visible from the flight deck, unless it is equipped with a means of indicating to all passengers and cabin crew when seat belts shall be fastened and when smoking is not allowed.

OPS 1.735

Internal doors and curtains

An operator shall not operate an aeroplane unless the following equipment is installed:

| (a) | In an aeroplane with a maximum approved passenger seating configuration of more than 19 passengers, a door between the passenger compartment and the flight deck compartment with a placard “crew only” and a locking means to prevent passengers from opening it without the permission of a member of the flight crew; |
| --- | --- |

(a)

In an aeroplane with a maximum approved passenger seating configuration of more than 19 passengers, a door between the passenger compartment and the flight deck compartment with a placard “crew only” and a locking means to prevent passengers from opening it without the permission of a member of the flight crew;

| (b) | A means for opening each door that separates a passenger compartment from another compartment that has emergency exit provisions. The means for opening must be readily accessible; |
| --- | --- |

(b)

A means for opening each door that separates a passenger compartment from another compartment that has emergency exit provisions. The means for opening must be readily accessible;

| (c) | If it is necessary to pass through a doorway or curtain separating the passenger cabin from other areas to reach any required emergency exit from any passenger seat, the door or curtain must have a means to secure it in the open position; |
| --- | --- |

(c)

If it is necessary to pass through a doorway or curtain separating the passenger cabin from other areas to reach any required emergency exit from any passenger seat, the door or curtain must have a means to secure it in the open position;

| (d) | A placard on each internal door or adjacent to a curtain that is the means of access to a passenger emergency exit, to indicate that it must be secured open during take off and landing; and |
| --- | --- |

(d)

A placard on each internal door or adjacent to a curtain that is the means of access to a passenger emergency exit, to indicate that it must be secured open during take off and landing; and

| (e) | A means for any member of the crew to unlock any door that is normally accessible to passengers and that can be locked by passengers. |
| --- | --- |

(e)

A means for any member of the crew to unlock any door that is normally accessible to passengers and that can be locked by passengers.

OPS 1.745

First-Aid Kits

| (a) | An operator shall not operate an aeroplane unless it is equipped with first-aid kits, readily accessible for use, to the following scale:






  Number of passenger seats installed | Number of First-Aid Kits required |
| --- | --- | --- |
| 0 to 99 | 1 |
| 100 to 199 | 2 |
| 200 to 299 | 3 |
| 300 and more | 4 |

(a)

An operator shall not operate an aeroplane unless it is equipped with first-aid kits, readily accessible for use, to the following scale:

Number of passenger seats installed

Number of First-Aid Kits required

0 to 99

1

100 to 199

2

200 to 299

3

300 and more

4

| (b) | An operator shall ensure that first-aid kits are:






  (1) | Inspected periodically to confirm, to the extent possible, that contents are maintained in the condition necessary for their intended use; and |
| --- | --- | --- |

(b)

An operator shall ensure that first-aid kits are:

(1)

Inspected periodically to confirm, to the extent possible, that contents are maintained in the condition necessary for their intended use; and

| (2) | Replenished at regular intervals, in accordance with instructions contained on their labels, or as circumstances warrant. |
| --- | --- |

(2)

Replenished at regular intervals, in accordance with instructions contained on their labels, or as circumstances warrant.

OPS 1.755

Emergency Medical Kit

| (a) | An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 30 seats unless it is equipped with an emergency medical kit if any point on the planned route is more than 60 minutes flying time (at normal cruising speed) from an aerodrome at which qualified medical assistance could be expected to be available. |
| --- | --- |

(a)

An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 30 seats unless it is equipped with an emergency medical kit if any point on the planned route is more than 60 minutes flying time (at normal cruising speed) from an aerodrome at which qualified medical assistance could be expected to be available.

| (b) | The commander shall ensure that drugs are not administered except by qualified doctors, nurses or similarly qualified personnel. |
| --- | --- |

(b)

The commander shall ensure that drugs are not administered except by qualified doctors, nurses or similarly qualified personnel.

| (c) | Conditions for carriage






  (1) | The emergency medical kit must be dust and moisture proof and shall be carried under security conditions, where practicable, on the flight deck; and |
| --- | --- | --- |

(c)

Conditions for carriage

(1)

The emergency medical kit must be dust and moisture proof and shall be carried under security conditions, where practicable, on the flight deck; and

| (2) | An operator shall ensure that emergency medical kits are:






  (i) | Inspected periodically to confirm, to the extent possible, that the contents are maintained in the condition necessary for their intended use; and |
| --- | --- | --- |

(2)

An operator shall ensure that emergency medical kits are:

(i)

Inspected periodically to confirm, to the extent possible, that the contents are maintained in the condition necessary for their intended use; and

| (ii) | Replenished at regular intervals, in accordance with instructions contained on their labels, or as circumstances warrant. |
| --- | --- |

(ii)

Replenished at regular intervals, in accordance with instructions contained on their labels, or as circumstances warrant.

OPS 1.760

First-aid oxygen

| (a) | An operator shall not operate a pressurised aeroplane at altitudes above 25 000 ft, when a cabin crew member is required to be carried, unless it is equipped with a supply of undiluted oxygen for passengers who, for physiological reasons, might require oxygen following a cabin depressurisation. The amount of oxygen shall be calculated using an average flow rate of at least 3 litres Standard Temperature Pressure Dry (STPD)/minute/person and provided for the entire flight after cabin depressurisation at cabin pressure altitudes of more than 8 000 ft for at least 2 % of the passengers carried, but in no case for less than one person. There shall be a sufficient number of dispensing units, but in no case less than two, with a means for cabin crew to use the supply. |
| --- | --- |

(a)

An operator shall not operate a pressurised aeroplane at altitudes above 25 000 ft, when a cabin crew member is required to be carried, unless it is equipped with a supply of undiluted oxygen for passengers who, for physiological reasons, might require oxygen following a cabin depressurisation. The amount of oxygen shall be calculated using an average flow rate of at least 3 litres Standard Temperature Pressure Dry (STPD)/minute/person and provided for the entire flight after cabin depressurisation at cabin pressure altitudes of more than 8 000 ft for at least 2 % of the passengers carried, but in no case for less than one person. There shall be a sufficient number of dispensing units, but in no case less than two, with a means for cabin crew to use the supply.

| (b) | The amount of first-aid oxygen required for a particular operation shall be determined on the basis of cabin pressure altitudes and flight duration, consistent with the operating procedures established for each operation and route. |
| --- | --- |

(b)

The amount of first-aid oxygen required for a particular operation shall be determined on the basis of cabin pressure altitudes and flight duration, consistent with the operating procedures established for each operation and route.

| (c) | The oxygen equipment provided shall be capable of generating a mass flow to each user of at least four litres per minute, STPD. Means may be provided to decrease the flow to not less than two litres per minute, STPD, at any altitude. |
| --- | --- |

(c)

The oxygen equipment provided shall be capable of generating a mass flow to each user of at least four litres per minute, STPD. Means may be provided to decrease the flow to not less than two litres per minute, STPD, at any altitude.

OPS 1.770

Supplemental oxygen — pressurised aeroplanes

(See Appendix 1 to OPS 1.770)

| (a) | General






  (1) | An operator shall not operate a pressurised aeroplane at pressure altitudes above 10 000 ft unless supplemental oxygen equipment, capable of storing and dispensing the oxygen supplies required by this paragraph, is provided. |
| --- | --- | --- |

(a)

General

(1)

An operator shall not operate a pressurised aeroplane at pressure altitudes above 10 000 ft unless supplemental oxygen equipment, capable of storing and dispensing the oxygen supplies required by this paragraph, is provided.

| (2) | The amount of supplemental oxygen required shall be determined on the basis of cabin pressure altitude, flight duration and the assumption that a cabin pressurisation failure will occur at the altitude or point of flight that is most critical from the standpoint of oxygen need, and that, after the failure, the aeroplane will descend in accordance with emergency procedures specified in the Aeroplane Flight Manual to a safe altitude for the route to be flown that will allow continued safe flight and landing. |
| --- | --- |

(2)

The amount of supplemental oxygen required shall be determined on the basis of cabin pressure altitude, flight duration and the assumption that a cabin pressurisation failure will occur at the altitude or point of flight that is most critical from the standpoint of oxygen need, and that, after the failure, the aeroplane will descend in accordance with emergency procedures specified in the Aeroplane Flight Manual to a safe altitude for the route to be flown that will allow continued safe flight and landing.

| (3) | Following a cabin pressurisation failure, the cabin pressure altitude shall be considered the same as the aeroplane pressure altitude, unless it is demonstrated to the Authority that no probable failure of the cabin or pressurisation system will result in a cabin pressure altitude equal to the aeroplane pressure altitude. Under these circumstances, the demonstrated maximum cabin pressure altitude may be used as a basis for determination of oxygen supply. |
| --- | --- |

(3)

Following a cabin pressurisation failure, the cabin pressure altitude shall be considered the same as the aeroplane pressure altitude, unless it is demonstrated to the Authority that no probable failure of the cabin or pressurisation system will result in a cabin pressure altitude equal to the aeroplane pressure altitude. Under these circumstances, the demonstrated maximum cabin pressure altitude may be used as a basis for determination of oxygen supply.

| (b) | Oxygen equipment and supply requirements






  (1) | Flight crew members






  (i) | Each member of the flight crew on flight deck duty shall be supplied with supplemental oxygen in accordance with Appendix 1. If all occupants of flight deck seats are supplied from the flight crew source of oxygen supply then they shall be considered as flight crew members on flight deck duty for the purpose of oxygen supply. Flight deck seat occupants, not supplied by the flight crew source, are to be considered as passengers for the purpose of oxygen supply. |
| --- | --- | --- | --- |

(b)

Oxygen equipment and supply requirements

(1)

Flight crew members

(i)

Each member of the flight crew on flight deck duty shall be supplied with supplemental oxygen in accordance with Appendix 1. If all occupants of flight deck seats are supplied from the flight crew source of oxygen supply then they shall be considered as flight crew members on flight deck duty for the purpose of oxygen supply. Flight deck seat occupants, not supplied by the flight crew source, are to be considered as passengers for the purpose of oxygen supply.

| (ii) | Flight crew members, not covered by sub-paragraph (b)(1)(i) above, are to be considered as passengers for the purpose of oxygen supply. |
| --- | --- |

(ii)

Flight crew members, not covered by sub-paragraph (b)(1)(i) above, are to be considered as passengers for the purpose of oxygen supply.

| (iii) | Oxygen masks shall be located so as to be within the immediate reach of flight crew members whilst at their assigned duty station. |
| --- | --- |

(iii)

Oxygen masks shall be located so as to be within the immediate reach of flight crew members whilst at their assigned duty station.

| (iv) | Oxygen masks for use by flight crew members in pressurised aeroplanes operating above 25 000 ft shall be a quick donning type of mask. |
| --- | --- |

(iv)

Oxygen masks for use by flight crew members in pressurised aeroplanes operating above 25 000 ft shall be a quick donning type of mask.

| (2) | Cabin crew members, additional crew members and passengers






  (i) | Cabin crew members and passengers shall be supplied with supplemental oxygen in accordance with Appendix 1, except when subparagraph (v) below applies. Cabin crew members carried in addition to the minimum number of cabin crew members required, and additional crew members, shall be considered as passengers for the purpose of oxygen supply. |
| --- | --- | --- |

(2)

Cabin crew members, additional crew members and passengers

(i)

Cabin crew members and passengers shall be supplied with supplemental oxygen in accordance with Appendix 1, except when subparagraph (v) below applies. Cabin crew members carried in addition to the minimum number of cabin crew members required, and additional crew members, shall be considered as passengers for the purpose of oxygen supply.

| (ii) | Aeroplanes intended to be operated at pressure altitudes above 25 000 ft shall be provided with sufficient spare outlets and masks and/or sufficient portable oxygen units with masks for use by all required cabin crew members. The spare outlets and/or portable oxygen units are to be distributed evenly throughout the cabin to ensure immediate availability of oxygen to each required cabin crew member regardless of his/her location at the time of cabin pressurisation failure. |
| --- | --- |

(ii)

Aeroplanes intended to be operated at pressure altitudes above 25 000 ft shall be provided with sufficient spare outlets and masks and/or sufficient portable oxygen units with masks for use by all required cabin crew members. The spare outlets and/or portable oxygen units are to be distributed evenly throughout the cabin to ensure immediate availability of oxygen to each required cabin crew member regardless of his/her location at the time of cabin pressurisation failure.

| (iii) | Aeroplanes intended to be operated at pressure altitudes above 25 000 ft shall be provided with an oxygen dispensing unit connected to oxygen supply terminals immediately available to each occupant, wherever seated. The total number of dispensing units and outlets shall exceed the number of seats by at least 10 %. The extra units are to be evenly distributed throughout the cabin. |
| --- | --- |

(iii)

Aeroplanes intended to be operated at pressure altitudes above 25 000 ft shall be provided with an oxygen dispensing unit connected to oxygen supply terminals immediately available to each occupant, wherever seated. The total number of dispensing units and outlets shall exceed the number of seats by at least 10 %. The extra units are to be evenly distributed throughout the cabin.

| (iv) | Aeroplanes intended to be operated at pressure altitudes above 25 000 ft or which, if operated at or below 25 000 ft, cannot descend safely within 4 minutes to 13 000 ft, and for which the individual certificate of airworthiness was first issued on or after 9 November 1998, shall be provided with automatically deployable oxygen equipment immediately available to each occupant, wherever seated. The total number of dispensing units and outlets shall exceed the number of seats by at least 10 %. The extra units are to be evenly distributed throughout the cabin. |
| --- | --- |

(iv)

Aeroplanes intended to be operated at pressure altitudes above 25 000 ft or which, if operated at or below 25 000 ft, cannot descend safely within 4 minutes to 13 000 ft, and for which the individual certificate of airworthiness was first issued on or after 9 November 1998, shall be provided with automatically deployable oxygen equipment immediately available to each occupant, wherever seated. The total number of dispensing units and outlets shall exceed the number of seats by at least 10 %. The extra units are to be evenly distributed throughout the cabin.

| (v) | The oxygen supply requirements, as specified in Appendix 1, for aeroplanes not certificated to fly at altitudes above 25 000 ft, may be reduced to the entire flight time between 10 000 ft and 13 000 ft cabin pressure altitudes for all required cabin crew members and for at least 10 % of the passengers if, at all points along the route to be flown, the aeroplane is able to descend safely within 4 minutes to a cabin pressure altitude of 13 000 ft. |
| --- | --- |

(v)

The oxygen supply requirements, as specified in Appendix 1, for aeroplanes not certificated to fly at altitudes above 25 000 ft, may be reduced to the entire flight time between 10 000 ft and 13 000 ft cabin pressure altitudes for all required cabin crew members and for at least 10 % of the passengers if, at all points along the route to be flown, the aeroplane is able to descend safely within 4 minutes to a cabin pressure altitude of 13 000 ft.

OPS 1.775

Supplemental oxygen — Non-pressurised aeroplanes

(See Appendix 1 to OPS 1.775)

| (a) | General






  (1) | An operator shall not operate a non-pressurised aeroplane at altitudes above 10 000 ft unless supplemental oxygen equipment, capable of storing and dispensing the oxygen supplies required, is provided. |
| --- | --- | --- |

(a)

General

(1)

An operator shall not operate a non-pressurised aeroplane at altitudes above 10 000 ft unless supplemental oxygen equipment, capable of storing and dispensing the oxygen supplies required, is provided.

| (2) | The amount of supplemental oxygen for sustenance required for a particular operation shall be determined on the basis of flight altitudes and flight duration, consistent with the operating procedures established for each operation in the Operations Manual and with the routes to be flown, and with the emergency procedures specified in the Operations Manual. |
| --- | --- |

(2)

The amount of supplemental oxygen for sustenance required for a particular operation shall be determined on the basis of flight altitudes and flight duration, consistent with the operating procedures established for each operation in the Operations Manual and with the routes to be flown, and with the emergency procedures specified in the Operations Manual.

| (3) | An aeroplane intended to be operated at pressure altitudes above 10 000 ft shall be provided with equipment capable of storing and dispensing the oxygen supplies required. |
| --- | --- |

(3)

An aeroplane intended to be operated at pressure altitudes above 10 000 ft shall be provided with equipment capable of storing and dispensing the oxygen supplies required.

| (b) | Oxygen supply requirements






  (1) | Flight crew members. Each member of the flight crew on flight deck duty shall be supplied with supplemental oxygen in accordance with Appendix 1. If all occupants of flight deck seats are supplied from the flight crew source of oxygen supply then they shall be considered as flight crew members on flight deck duty for the purpose of oxygen supply. |
| --- | --- | --- |

(b)

Oxygen supply requirements

(1)

Flight crew members. Each member of the flight crew on flight deck duty shall be supplied with supplemental oxygen in accordance with Appendix 1. If all occupants of flight deck seats are supplied from the flight crew source of oxygen supply then they shall be considered as flight crew members on flight deck duty for the purpose of oxygen supply.

| (2) | Cabin crew members, additional crew members and passengers. Cabin crew members and passengers shall be supplied with oxygen in accordance with Appendix 1. Cabin crew members carried in addition to the minimum number of cabin crew members required, and additional crew members, shall be considered as passengers for the purpose of oxygen supply. |
| --- | --- |

(2)

Cabin crew members, additional crew members and passengers. Cabin crew members and passengers shall be supplied with oxygen in accordance with Appendix 1. Cabin crew members carried in addition to the minimum number of cabin crew members required, and additional crew members, shall be considered as passengers for the purpose of oxygen supply.

OPS 1.780

Crew Protective Breathing Equipment

| (a) | An operator shall not operate a pressurised aeroplane or an unpressurised aeroplane with a maximum certificated take-off mass exceeding 5 700 kg or having a maximum approved seating configuration of more than 19 seats unless:






  (1) | It has equipment to protect the eyes, nose and mouth of each flight crew member while on flight deck duty and to provide oxygen for a period of not less than 15 minutes. The supply for Protective Breathing Equipment (PBE) may be provided by the supplemental oxygen required by OPS 1.770 (b)(1) or OPS 1.775 (b)(1). In addition, when the flight crew is more than one and a cabin crew member is not carried, portable PBE must be carried to protect the eyes, nose and mouth of one member of the flight crew and to provide breathing gas for a period of not less than 15 minutes; and |
| --- | --- | --- |

(a)

An operator shall not operate a pressurised aeroplane or an unpressurised aeroplane with a maximum certificated take-off mass exceeding 5 700 kg or having a maximum approved seating configuration of more than 19 seats unless:

(1)

It has equipment to protect the eyes, nose and mouth of each flight crew member while on flight deck duty and to provide oxygen for a period of not less than 15 minutes. The supply for Protective Breathing Equipment (PBE) may be provided by the supplemental oxygen required by OPS 1.770 (b)(1) or OPS 1.775 (b)(1). In addition, when the flight crew is more than one and a cabin crew member is not carried, portable PBE must be carried to protect the eyes, nose and mouth of one member of the flight crew and to provide breathing gas for a period of not less than 15 minutes; and

| (2) | It has sufficient portable PBE to protect the eyes, nose and mouth of all required cabin crew members and to provide breathing gas for a period of not less than 15 minutes. |
| --- | --- |

(2)

It has sufficient portable PBE to protect the eyes, nose and mouth of all required cabin crew members and to provide breathing gas for a period of not less than 15 minutes.

| (b) | PBE intended for flight crew use must be conveniently located on the flight deck and be easily accessible for immediate use by each required flight crew member at their assigned duty station. |
| --- | --- |

(b)

PBE intended for flight crew use must be conveniently located on the flight deck and be easily accessible for immediate use by each required flight crew member at their assigned duty station.

| (c) | PBE intended for cabin crew use must be installed adjacent to each required cabin crew member duty station. |
| --- | --- |

(c)

PBE intended for cabin crew use must be installed adjacent to each required cabin crew member duty station.

| (d) | An additional, easily accessible portable PBE must be provided and located at or adjacent to the hand fire extinguishers required by OPS 1.790 (c) and (d) except that, where the fire extinguisher is located inside a cargo compartment, the PBE must be stowed outside but adjacent to the entrance to that compartment. |
| --- | --- |

(d)

An additional, easily accessible portable PBE must be provided and located at or adjacent to the hand fire extinguishers required by OPS 1.790 (c) and (d) except that, where the fire extinguisher is located inside a cargo compartment, the PBE must be stowed outside but adjacent to the entrance to that compartment.

| (e) | PBE while in use must not prevent communication where required by OPS 1.685, OPS 1.690, OPS 1.810 and OPS 1.850. |
| --- | --- |

(e)

PBE while in use must not prevent communication where required by OPS 1.685, OPS 1.690, OPS 1.810 and OPS 1.850.

OPS 1.790

Hand fire extinguishers

An operator shall not operate an aeroplane unless hand fire extinguishers are provided for use in crew, passenger and, as applicable, cargo compartments and galleys in accordance with the following:

| (a) | The type and quantity of extinguishing agent must be suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used and, for personnel compartments, must minimise the hazard of toxic gas concentration; |
| --- | --- |

(a)

The type and quantity of extinguishing agent must be suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used and, for personnel compartments, must minimise the hazard of toxic gas concentration;

| (b) | At least one hand fire extinguisher, containing Halon 1211 (bromochlorodifluoro-methane, CBrCIF2), or equivalent as the extinguishing agent, must be conveniently located on the flight deck for use by the flight crew; |
| --- | --- |

(b)

At least one hand fire extinguisher, containing Halon 1211 (bromochlorodifluoro-methane, CBrCIF2), or equivalent as the extinguishing agent, must be conveniently located on the flight deck for use by the flight crew;

| (c) | At least one hand fire extinguisher must be located in, or readily accessible for use in, each galley not located on the main passenger deck; |
| --- | --- |

(c)

At least one hand fire extinguisher must be located in, or readily accessible for use in, each galley not located on the main passenger deck;

| (d) | At least one readily accessible hand fire extinguisher must be available for use in each Class A or Class B cargo or baggage compartment and in each Class E cargo compartment that is accessible to crew members in flight; and |
| --- | --- |

(d)

At least one readily accessible hand fire extinguisher must be available for use in each Class A or Class B cargo or baggage compartment and in each Class E cargo compartment that is accessible to crew members in flight; and

| (e) | At least the following number of hand fire extinguishers must be conveniently located in the passenger compartment(s):






  Maximum approved passenger seating configuration | Number of Extinguishers |
| --- | --- | --- |
| 7 to 30 | 1 |
| 31 to 60 | 2 |
| 61 to 200 | 3 |
| 201 to 300 | 4 |
| 301 to 400 | 5 |
| 401 to 500 | 6 |
| 501 to 600 | 7 |
| 601 or more | 8 |

(e)

At least the following number of hand fire extinguishers must be conveniently located in the passenger compartment(s):

Maximum approved passenger seating configuration

Number of Extinguishers

7 to 30

1

31 to 60

2

61 to 200

3

201 to 300

4

301 to 400

5

401 to 500

6

501 to 600

7

601 or more

8

When two or more extinguishers are required, they must be evenly distributed in the passenger compartment.

| (f) | At least one of the required fire extinguishers located in the passenger compartment of an aeroplane with a maximum approved passenger seating configuration of at least 31, and not more than 60, and at least two of the fire extinguishers located in the passenger compartment of an aeroplane with a maximum approved passenger seating configuration of 61 or more must contain Halon 1211 (bromochlorodi-fluoromethane, CBrCIF2), or equivalent as the extinguishing agent. |
| --- | --- |

(f)

At least one of the required fire extinguishers located in the passenger compartment of an aeroplane with a maximum approved passenger seating configuration of at least 31, and not more than 60, and at least two of the fire extinguishers located in the passenger compartment of an aeroplane with a maximum approved passenger seating configuration of 61 or more must contain Halon 1211 (bromochlorodi-fluoromethane, CBrCIF2), or equivalent as the extinguishing agent.

OPS 1.795

Crash axes and crowbars

| (a) | An operator shall not operate an aeroplane with a maximum certificated take-off mass exceeding 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats unless it is equipped with at least one crash axe or crowbar located on the flight deck. If the maximum approved passenger seating configuration is more than 200 an additional crash axe or crowbar must be carried and located in or near the most rearward galley area. |
| --- | --- |

(a)

An operator shall not operate an aeroplane with a maximum certificated take-off mass exceeding 5 700 kg or having a maximum approved passenger seating configuration of more than 9 seats unless it is equipped with at least one crash axe or crowbar located on the flight deck. If the maximum approved passenger seating configuration is more than 200 an additional crash axe or crowbar must be carried and located in or near the most rearward galley area.

| (b) | Crash axes and crowbars located in the passenger compartment must not be visible to passengers. |
| --- | --- |

(b)

Crash axes and crowbars located in the passenger compartment must not be visible to passengers.

OPS 1.800

Marking of break-in points

An operator shall ensure that, if designated areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aeroplane, such areas shall be marked as shown below. The colour of the markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background. If the corner markings are more than 2 metres apart, intermediate lines 9 cm × 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.

Image

OPS 1.805

Means for emergency evacuation

| (a) | An operator shall not operate an aeroplane with passenger emergency exit sill heights:






  (1) | Which are more than 1,83 metres (6 feet) above the ground with the aeroplane on the ground and the landing gear extended; or |
| --- | --- | --- |

(a)

An operator shall not operate an aeroplane with passenger emergency exit sill heights:

(1)

Which are more than 1,83 metres (6 feet) above the ground with the aeroplane on the ground and the landing gear extended; or

| (2) | Which would be more than 1,83 metres (6 feet) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear and for which a Type Certificate was first applied for on or after 1 April 2000, unless it has equipment or devices available at each exit, where sub-paragraphs (1) or (2) apply, to enable passengers and crew to reach the ground safely in an emergency. |
| --- | --- |

(2)

Which would be more than 1,83 metres (6 feet) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear and for which a Type Certificate was first applied for on or after 1 April 2000, unless it has equipment or devices available at each exit, where sub-paragraphs (1) or (2) apply, to enable passengers and crew to reach the ground safely in an emergency.

| (b) | Such equipment or devices need not be provided at over wing exits if the designated place on the aeroplane structure at which the escape route terminates is less than 1,83 metres (6 feet) from the ground with the aeroplane on the ground, the landing gear extended, and the flaps in the take off or landing position, whichever flap position is higher from the ground. |
| --- | --- |

(b)

Such equipment or devices need not be provided at over wing exits if the designated place on the aeroplane structure at which the escape route terminates is less than 1,83 metres (6 feet) from the ground with the aeroplane on the ground, the landing gear extended, and the flaps in the take off or landing position, whichever flap position is higher from the ground.

| (c) | In aeroplanes required to have a separate emergency exit for the flight crew and:






  (1) | For which the lowest point of the emergency exit is more than 1,83 metres (6 feet) above the ground with the landing gear extended; or, |
| --- | --- | --- |

(c)

In aeroplanes required to have a separate emergency exit for the flight crew and:

(1)

For which the lowest point of the emergency exit is more than 1,83 metres (6 feet) above the ground with the landing gear extended; or,

| (2) | For which a Type Certificate was first applied for on or after 1 April 2000, would be more than 1,83 metres (6 ft) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear, there must be a device to assist all members of the flight crew in descending to reach the ground safely in an emergency. |
| --- | --- |

(2)

For which a Type Certificate was first applied for on or after 1 April 2000, would be more than 1,83 metres (6 ft) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear, there must be a device to assist all members of the flight crew in descending to reach the ground safely in an emergency.

OPS 1.810

Megaphones

| (a) | An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 60 and carrying one or more passengers unless it is equipped with portable battery-powered megaphones readily accessible for use by crew members during an emergency evacuation, to the following scales:






  (1) | For each passenger deck:






  Passenger seating configuration | Number of Megaphones Required |
| --- | --- | --- | --- |
| 61 to 99 | 1 |
| 100 or more | 2 |

(a)

An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 60 and carrying one or more passengers unless it is equipped with portable battery-powered megaphones readily accessible for use by crew members during an emergency evacuation, to the following scales:

(1)

For each passenger deck:

Passenger seating configuration

Number of Megaphones Required

61 to 99

1

100 or more

2

| (2) | For aeroplanes with more than one passenger deck, in all cases when the total passenger seating configuration is more than 60, at least 1 megaphone is required. |
| --- | --- |

(2)

For aeroplanes with more than one passenger deck, in all cases when the total passenger seating configuration is more than 60, at least 1 megaphone is required.

OPS 1.815

Emergency lighting

| (a) | An operator shall not operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of more than 9 unless it is provided with an emergency lighting system having an independent power supply to facilitate the evacuation of the aeroplane. The emergency lighting system must include:






  (1) | For aeroplanes which have a maximum approved passenger seating configuration of more than 19:






  (i) | Sources of general cabin illumination; |
| --- | --- | --- | --- |

(a)

An operator shall not operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of more than 9 unless it is provided with an emergency lighting system having an independent power supply to facilitate the evacuation of the aeroplane. The emergency lighting system must include:

(1)

For aeroplanes which have a maximum approved passenger seating configuration of more than 19:

(i)

Sources of general cabin illumination;

| (ii) | Internal lighting in floor level emergency exit areas; and |
| --- | --- |

(ii)

Internal lighting in floor level emergency exit areas; and

| (iii) | Illuminated emergency exit marking and locating signs. |
| --- | --- |

(iii)

Illuminated emergency exit marking and locating signs.

| (iv) | For aeroplanes for which the application for the type certificate or equivalent was filed before 1 May 1972, and when flying by night, exterior emergency lighting at all over wing exits, and at exits where descent assist means are required. |
| --- | --- |

(iv)

For aeroplanes for which the application for the type certificate or equivalent was filed before 1 May 1972, and when flying by night, exterior emergency lighting at all over wing exits, and at exits where descent assist means are required.

| (v) | For aeroplanes for which the application for the type certificate or equivalent was filed on or after 1 May 1972, and when flying by night, exterior emergency lighting at all passenger emergency exits. |
| --- | --- |

(v)

For aeroplanes for which the application for the type certificate or equivalent was filed on or after 1 May 1972, and when flying by night, exterior emergency lighting at all passenger emergency exits.

| (vi) | For aeroplanes for which the type certificate was first issued on or after 1 January 1958, floor proximity emergency escape path marking system in the passenger compartment(s). |
| --- | --- |

(vi)

For aeroplanes for which the type certificate was first issued on or after 1 January 1958, floor proximity emergency escape path marking system in the passenger compartment(s).

| (2) | For aeroplanes which have a maximum approved passenger seating configuration of 19 or less and are certificated to the Certification Specifications in CS-25 or CS-23:






  (i) | Sources of general cabin illumination; |
| --- | --- | --- |

(2)

For aeroplanes which have a maximum approved passenger seating configuration of 19 or less and are certificated to the Certification Specifications in CS-25 or CS-23:

(i)

Sources of general cabin illumination;

| (ii) | Internal lighting in emergency exit areas; and |
| --- | --- |

(ii)

Internal lighting in emergency exit areas; and

| (iii) | Illuminated emergency exit marking and locating signs. |
| --- | --- |

(iii)

Illuminated emergency exit marking and locating signs.

| (3) | For aeroplanes which have a maximum approved passenger seating configuration of 19 or less and are not certificated to the Certification Specifications in CS-25 or CS-23, sources of general cabin illumination. |
| --- | --- |

(3)

For aeroplanes which have a maximum approved passenger seating configuration of 19 or less and are not certificated to the Certification Specifications in CS-25 or CS-23, sources of general cabin illumination.

| (b) | An operator shall not, by night, operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of 9 or less unless it is provided with a source of general cabin illumination to facilitate the evacuation of the aeroplane. The system may use dome lights or other sources of illumination already fitted on the aeroplane and which are capable of remaining operative after the aeroplane's battery has been switched off. |
| --- | --- |

(b)

An operator shall not, by night, operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of 9 or less unless it is provided with a source of general cabin illumination to facilitate the evacuation of the aeroplane. The system may use dome lights or other sources of illumination already fitted on the aeroplane and which are capable of remaining operative after the aeroplane's battery has been switched off.

OPS 1.820

Automatic Emergency Locator Transmitter

| (a) | An operator shall not operate an aeroplane first issued with an individual certificate of airworthiness on or after 1 January 2002 unless it is equipped with an automatic Emergency Locator Transmitter (ELT) capable of transmitting on 121,5 MHz and 406 MHz. |
| --- | --- |

(a)

An operator shall not operate an aeroplane first issued with an individual certificate of airworthiness on or after 1 January 2002 unless it is equipped with an automatic Emergency Locator Transmitter (ELT) capable of transmitting on 121,5 MHz and 406 MHz.

| (b) | An operator shall not operate an aeroplane first issued with an individual Certificate of Airworthiness before 1 January 2002 unless it is equipped with any type of ELT capable of transmitting on 121,5 MHz and 406 MHz. |
| --- | --- |

(b)

An operator shall not operate an aeroplane first issued with an individual Certificate of Airworthiness before 1 January 2002 unless it is equipped with any type of ELT capable of transmitting on 121,5 MHz and 406 MHz.

| (c) | An operator shall ensure that all ELTs that are capable of transmitting on 406 MHz shall be coded in accordance with ICAO Annex X and registered with the national agency responsible for initiating Search and Rescue or another nominated agency. |
| --- | --- |

(c)

An operator shall ensure that all ELTs that are capable of transmitting on 406 MHz shall be coded in accordance with ICAO Annex X and registered with the national agency responsible for initiating Search and Rescue or another nominated agency.

OPS 1.825

Life Jackets

| (a) | Land aeroplanes. An operator shall not operate a land aeroplane:






  (1) | When flying over water and at a distance of more than 50 nautical miles from the shore; or |
| --- | --- | --- |

(a)

Land aeroplanes. An operator shall not operate a land aeroplane:

(1)

When flying over water and at a distance of more than 50 nautical miles from the shore; or

| (2) | When taking off or landing at an aerodrome where the take-off or approach path is so disposed over water that in the event of a mishap there would be a likelihood of a ditching, unless it is equipped with life jackets equipped with a survivor locator light, for each person on board. Each life jacket must be stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. Life jackets for infants may be substituted by other approved flotation devices equipped with a survivor locator light. |
| --- | --- |

(2)

When taking off or landing at an aerodrome where the take-off or approach path is so disposed over water that in the event of a mishap there would be a likelihood of a ditching, unless it is equipped with life jackets equipped with a survivor locator light, for each person on board. Each life jacket must be stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. Life jackets for infants may be substituted by other approved flotation devices equipped with a survivor locator light.

| (b) | Seaplanes and amphibians. An operator shall not operate a seaplane or an amphibian on water unless it is equipped with life jackets equipped with a survivor locator light, for each person on board. Each life jacket must be stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. Life jackets for infants may be substituted by other approved flotation devices equipped with a survivor locator light. |
| --- | --- |

(b)

Seaplanes and amphibians. An operator shall not operate a seaplane or an amphibian on water unless it is equipped with life jackets equipped with a survivor locator light, for each person on board. Each life jacket must be stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. Life jackets for infants may be substituted by other approved flotation devices equipped with a survivor locator light.

OPS 1.830

Life-rafts and survival ELTs for extended overwater flights

| (a) | On overwater flights, an operator shall not operate an aeroplane at a distance away from land, which is suitable for making an emergency landing, greater than that corresponding to:






  (1) | 120 minutes at cruising speed or 400 nautical miles, whichever is the lesser, for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or |
| --- | --- | --- |

(a)

On overwater flights, an operator shall not operate an aeroplane at a distance away from land, which is suitable for making an emergency landing, greater than that corresponding to:

(1)

120 minutes at cruising speed or 400 nautical miles, whichever is the lesser, for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or

| (2) | 30 minutes at cruising speed or 100 nautical miles, whichever is the lesser, for all other aeroplanes, unless the equipment specified in sub-paragraphs (b) and (c) below is carried. |
| --- | --- |

(2)

30 minutes at cruising speed or 100 nautical miles, whichever is the lesser, for all other aeroplanes, unless the equipment specified in sub-paragraphs (b) and (c) below is carried.

| (b) | Sufficient life-rafts to carry all persons on board. Unless excess rafts of enough capacity are provided, the buoyancy and seating capacity beyond the rated capacity of the rafts must accommodate all occupants of the aeroplane in the event of a loss of one raft of the largest rated capacity. The life-rafts shall be equipped with:






  (1) | A survivor locator light; and |
| --- | --- | --- |

(b)

Sufficient life-rafts to carry all persons on board. Unless excess rafts of enough capacity are provided, the buoyancy and seating capacity beyond the rated capacity of the rafts must accommodate all occupants of the aeroplane in the event of a loss of one raft of the largest rated capacity. The life-rafts shall be equipped with:

(1)

A survivor locator light; and

| (2) | Life saving equipment including means of sustaining life as appropriate to the flight to be undertaken; and |
| --- | --- |

(2)

Life saving equipment including means of sustaining life as appropriate to the flight to be undertaken; and

| (c) | At least two survival Emergency Locator Transmitters (ELT (S)) capable of transmitting on the distress frequencies prescribed in ICAO Annex X, Volume V, Chapter 2. |
| --- | --- |

(c)

At least two survival Emergency Locator Transmitters (ELT (S)) capable of transmitting on the distress frequencies prescribed in ICAO Annex X, Volume V, Chapter 2.

OPS 1.835

Survival equipment

An operator shall not operate an aeroplane across areas in which search and rescue would be especially difficult unless it is equipped with the following:

| (a) | Signalling equipment to make the pyrotechnical distress signals described in ICAO Annex II; |
| --- | --- |

(a)

Signalling equipment to make the pyrotechnical distress signals described in ICAO Annex II;

| (b) | At least one ELT (S) is capable of transmitting on the distress frequencies prescribed in ICAO Annex X, Volume V, Chapter 2; and |
| --- | --- |

(b)

At least one ELT (S) is capable of transmitting on the distress frequencies prescribed in ICAO Annex X, Volume V, Chapter 2; and

| (c) | Additional survival equipment for the route to be flown taking account of the number of persons on board except that the equipment specified in sub-paragraph (c) need not be carried when the aeroplane either:






  (1) | Remains within a distance from an area where search and rescue is not especially difficult corresponding to:






  (i) | 120 minutes at the one engine inoperative cruising speed for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or |
| --- | --- | --- | --- |

(c)

Additional survival equipment for the route to be flown taking account of the number of persons on board except that the equipment specified in sub-paragraph (c) need not be carried when the aeroplane either:

(1)

Remains within a distance from an area where search and rescue is not especially difficult corresponding to:

(i)

120 minutes at the one engine inoperative cruising speed for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or

| (ii) | 30 minutes at cruising speed for all other aeroplanes, |
| --- | --- |

(ii)

30 minutes at cruising speed for all other aeroplanes,

or,

| (2) | For aeroplanes certificated to the Certification Specifications in CS-25 or equivalent, no greater distance than that corresponding to 90 minutes at cruising speed from an area suitable for making an emergency landing. |
| --- | --- |

(2)

For aeroplanes certificated to the Certification Specifications in CS-25 or equivalent, no greater distance than that corresponding to 90 minutes at cruising speed from an area suitable for making an emergency landing.

OPS 1.840

Seaplanes and amphibians — Miscellaneous equipment

| (a) | An operator shall not operate a seaplane or an amphibian on water unless it is equipped with:






  (1) | A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aircraft on water, appropriate to its size, weight and handling characteristics; and |
| --- | --- | --- |

(a)

An operator shall not operate a seaplane or an amphibian on water unless it is equipped with:

(1)

A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aircraft on water, appropriate to its size, weight and handling characteristics; and

| (2) | Equipment for making the sound signals prescribed in the International Regulations for preventing collisions at sea, where applicable. |
| --- | --- |

(2)

Equipment for making the sound signals prescribed in the International Regulations for preventing collisions at sea, where applicable.

Appendix 1 to OPS 1.715

Flight data recorders — 1 — List of parameters to be recorded

Table A1 — Aeroplanes with a maximum certificated take-off mass of over 5 700 kg

Note: Thee number in the left hand column reflect the Serial Numbers depicted in EUROCAE document ED55

| NO. | PARAMETER |
| --- | --- |
| 1 | TIME OR RELATIVE TIME COUNT |
| 2 | PRESSURE ALTITUDE |
| 3 | INDICATED AIRSPEED |
| 4 | HEADING |
| 5 | NORMAL ACCELERATION |
| 6 | PITCH ATTITUDE |
| 7 | ROLL ATTITUDE |
| 8 | MANUAL RADIO TRANSMISSION KEYING |
| 9 | PROPULSIVE THRUST/POWER ON EACH ENGINE AND COCKPIT THRUST/POWER LEVER POSITION IF APPLICABLE |
| 10 | TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 11 | LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 12 | THRUST REVERSE STATUS |
| 13 | GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION |
| 14 | TOTAL OR OUTSIDE AIR TEMPERATURE |
| 15 | AUTOPILOT, AUTOTHROTTLE AND AFCS MODE AND ENGAGEMENT STATUS |
| 16 | LONGITUDINAL ACCELERATION (BODY AXIS) |
| 17 | LATERAL ACCELERATION |

NO.

PARAMETER

1

TIME OR RELATIVE TIME COUNT

2

PRESSURE ALTITUDE

3

INDICATED AIRSPEED

4

HEADING

5

NORMAL ACCELERATION

6

PITCH ATTITUDE

7

ROLL ATTITUDE

8

MANUAL RADIO TRANSMISSION KEYING

9

PROPULSIVE THRUST/POWER ON EACH ENGINE AND COCKPIT THRUST/POWER LEVER POSITION IF APPLICABLE

10

TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION

11

LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION

12

THRUST REVERSE STATUS

13

GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION

14

TOTAL OR OUTSIDE AIR TEMPERATURE

15

AUTOPILOT, AUTOTHROTTLE AND AFCS MODE AND ENGAGEMENT STATUS

16

LONGITUDINAL ACCELERATION (BODY AXIS)

17

LATERAL ACCELERATION

Table A2 — Aeroplanes with a maximum certificated take-off mass of 5 700 kg or below

Note: The number in the left hand column reflect the Serial Numbers depicted in EUROCAE document ED55

| NO. | PARAMETER |
| --- | --- |
| 1 | TIME OR RELATIVE TIME COUNT |
| 2 | PRESSURE ALTITUDE |
| 3 | INDICATED AIRSPEED |
| 4 | HEADING |
| 5 | NORMAL ACCELERATION |
| 6 | PITCH ATTITUDE |
| 7 | ROLL ATTITUDE |
| 8 | MANUAL RADIO TRANSMISSION KEYING |
| 9 | PROPULSIVE THRUST/POWER ON EACH ENGINE AND COCKPIT THRUST/POWER LEVER POSITION IF APPLICABLE |
| 10 | TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 11 | LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 12 | THRUST REVERSE STATUS |
| 13 | GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION |
| 14 | TOTAL OR OUTSIDE AIR TEMPERATURE |
| 15 | AUTOPILOT/AUTOTHROTTLE ENGAGEMENT STATUS |
| 16 | ANGLE OF ATTACK (IF A SUITABLE SENSOR IS AVAILABLE) |
| 17 | LONGITUDINAL ACCELERATION (BODY AXIS) |

NO.

PARAMETER

1

TIME OR RELATIVE TIME COUNT

2

PRESSURE ALTITUDE

3

INDICATED AIRSPEED

4

HEADING

5

NORMAL ACCELERATION

6

PITCH ATTITUDE

7

ROLL ATTITUDE

8

MANUAL RADIO TRANSMISSION KEYING

9

PROPULSIVE THRUST/POWER ON EACH ENGINE AND COCKPIT THRUST/POWER LEVER POSITION IF APPLICABLE

10

TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION

11

LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION

12

THRUST REVERSE STATUS

13

GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION

14

TOTAL OR OUTSIDE AIR TEMPERATURE

15

AUTOPILOT/AUTOTHROTTLE ENGAGEMENT STATUS

16

ANGLE OF ATTACK (IF A SUITABLE SENSOR IS AVAILABLE)

17

LONGITUDINAL ACCELERATION (BODY AXIS)

Table B — Additional parameters for aeroplanes with a maximum certificated take-off mass of over 27 000 kg

Note: The number in the left hand column reflect the Serial Numbers depicted in EUROCAE document ED55

| NO. | PARAMETER |
| --- | --- |
| 18 | PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL, YAW) |
| 19 | PITCH TRIM POSITION |
| 20 | RADIO ALTITUDE |
| 21 | VERTICAL BEAM DEVIATION (ILS GLIDE PATH OR MLS ELEVATION) |
| 22 | HORIZONTAL BEAM DEVIATION (ILS LOCALISER OR MLS AZIMUTH) |
| 23 | MARKER BEACON PASSAGE |
| 24 | WARNINGS |
| 25 | RESERVED (NAVIGATION RECEIVER FREQUENCY SELECTION IS RECOMMENDED) |
| 26 | RESERVED (DME DISTANCE IS RECOMMENDED) |
| 27 | LANDING GEAR SQUAT SWITCH STATUS OR AIR/GROUND STATUS |
| 28 | GROUND PROXIMITY WARNING SYSTEM |
| 29 | ANGLE OF ATTACK |
| 30 | LOW PRESSURE WARNING (HYDRAULIC AND PNEUMATIC POWER) |
| 31 | GROUNDSPEED |
| 32 | LANDING GEAR OR GEAR SELECTOR POSITION |

NO.

PARAMETER

18

PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL, YAW)

19

PITCH TRIM POSITION

20

RADIO ALTITUDE

21

VERTICAL BEAM DEVIATION (ILS GLIDE PATH OR MLS ELEVATION)

22

HORIZONTAL BEAM DEVIATION (ILS LOCALISER OR MLS AZIMUTH)

23

MARKER BEACON PASSAGE

24

WARNINGS

25

RESERVED (NAVIGATION RECEIVER FREQUENCY SELECTION IS RECOMMENDED)

26

RESERVED (DME DISTANCE IS RECOMMENDED)

27

LANDING GEAR SQUAT SWITCH STATUS OR AIR/GROUND STATUS

28

GROUND PROXIMITY WARNING SYSTEM

29

ANGLE OF ATTACK

30

LOW PRESSURE WARNING (HYDRAULIC AND PNEUMATIC POWER)

31

GROUNDSPEED

32

LANDING GEAR OR GEAR SELECTOR POSITION

Table C — Aeroplanes equipped with electronic display systems

Note: The number in the centre column reflect the Serial Numbers depicted in EUROCAE document ED55 table A1.5

| NO. | NO. | PARAMETER |
| --- | --- | --- |
| 33 | 6 | SELECTED BAROMETRIC SETTING (EACH PILOT STATION) |
| 34 | 7 | SELECTED ALTITUDE |
| 35 | 8 | SELECTED SPEED |
| 36 | 9 | SELECTED MACH |
| 37 | 10 | SELECTED VERTICAL SPEED |
| 38 | 11 | SELECTED HEADING |
| 39 | 12 | SELECTED FLIGHT PATH |
| 40 | 13 | SELECTED DECISION HEIGHT |
| 41 | 14 | EFIS DISPLAY FORMAT |
| 42 | 15 | MULTI FUNCTION/ENGINE/ALERTS DISPLAY FORMAT |

NO.

NO.

PARAMETER

33

6

SELECTED BAROMETRIC SETTING (EACH PILOT STATION)

34

7

SELECTED ALTITUDE

35

8

SELECTED SPEED

36

9

SELECTED MACH

37

10

SELECTED VERTICAL SPEED

38

11

SELECTED HEADING

39

12

SELECTED FLIGHT PATH

40

13

SELECTED DECISION HEIGHT

41

14

EFIS DISPLAY FORMAT

42

15

MULTI FUNCTION/ENGINE/ALERTS DISPLAY FORMAT

Appendix 1 to OPS 1.720

Flight data recorders — 2 — List of parameters to be recorded

Table A — Aeroplanes with a maximum certificated take-off mass of over 5 700 kg

| NO. | PARAMETER |
| --- | --- |
| 1 | TIME OR RELATIVE TIME COUNT |
| 2 | PRESSURE ALTITUDE |
| 3 | INDICATED AIRSPEED |
| 4 | HEADING |
| 5 | NORMAL ACCELERATION |
| 6 | PITCH ATTITUDE |
| 7 | ROLL ATTITUDE |
| 8 | MANUAL RADIO TRANSMISSION KEYING UNLESS AN ALTERNATE MEANS TO SYNCHRONISE FDR AND CVR RECORDINGS IS PROVIDED |
| 9 | POWER ON EACH ENGINE |
| 10 | TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 11 | LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 12 | THRUST REVERSE POSITION (FOR TURBOJET AEROPLANES ONLY) |
| 13 | GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION |
| 14 | OUTSIDE AIR TEMPERATURE OR TOTAL AIR TEMPERATURE |
| 15a | AUTOPILOT ENGAGEMENT STATUS |
| 15b | AUTOPILOT OPERATING MODES, AUTOTHROTTLE AND AFCS SYSTEMS ENGAGEMENT STATUS AND OPERATING MODES |

NO.

PARAMETER

1

TIME OR RELATIVE TIME COUNT

2

PRESSURE ALTITUDE

3

INDICATED AIRSPEED

4

HEADING

5

NORMAL ACCELERATION

6

PITCH ATTITUDE

7

ROLL ATTITUDE

8

MANUAL RADIO TRANSMISSION KEYING UNLESS AN ALTERNATE MEANS TO SYNCHRONISE FDR AND CVR RECORDINGS IS PROVIDED

9

POWER ON EACH ENGINE

10

TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION

11

LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION

12

THRUST REVERSE POSITION (FOR TURBOJET AEROPLANES ONLY)

13

GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION

14

OUTSIDE AIR TEMPERATURE OR TOTAL AIR TEMPERATURE

15a

AUTOPILOT ENGAGEMENT STATUS

15b

AUTOPILOT OPERATING MODES, AUTOTHROTTLE AND AFCS SYSTEMS ENGAGEMENT STATUS AND OPERATING MODES

Table B — Additional parameters for aeroplanes with a maximum certificated take-off mass over 27 000 kg

| NO. | PARAMETER |
| --- | --- |
| 16 | LONGITUDINAL ACCELERATION |
| 17 | LATERAL ACCELERATION |
| 18 | PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL AND YAW) |
| 19 | PITCH TRIM POSITION |
| 20 | RADIO ALTITUDE |
| 21 | GLIDE PATH DEVIATION |
| 22 | LOCALISER DEVIATION |
| 23 | MARKER BEACON PASSAGE |
| 24 | MASTER WARNING |
| 25 | NAV 1 AND NAV 2 FREQUENCY SELECTION |
| 26 | DME 1 AND DME 2 DISTANCE |
| 27 | LANDING GEAR SQUAT SWITCH STATUS |
| 28 | GROUND PROXIMITY WARNING SYSTEM |
| 29 | ANGLE OF ATTACK |
| 30 | HYDRAULICS, EACH SYSTEM (LOW PRESSURE) |
| 31 | NAVIGATION DATA |
| 32 | LANDING GEAR OR GEAR SELECTOR POSITION |

NO.

PARAMETER

16

LONGITUDINAL ACCELERATION

17

LATERAL ACCELERATION

18

PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL AND YAW)

19

PITCH TRIM POSITION

20

RADIO ALTITUDE

21

GLIDE PATH DEVIATION

22

LOCALISER DEVIATION

23

MARKER BEACON PASSAGE

24

MASTER WARNING

25

NAV 1 AND NAV 2 FREQUENCY SELECTION

26

DME 1 AND DME 2 DISTANCE

27

LANDING GEAR SQUAT SWITCH STATUS

28

GROUND PROXIMITY WARNING SYSTEM

29

ANGLE OF ATTACK

30

HYDRAULICS, EACH SYSTEM (LOW PRESSURE)

31

NAVIGATION DATA

32

LANDING GEAR OR GEAR SELECTOR POSITION

Appendix 1 to OPS 1.725

Flight data recorders — 3 — List of parameters to be recorded

Table A — Aeroplanes with a maximum certificated take-off mass of over 5 700 kg

| NO. | PARAMETER |
| --- | --- |
| 1 | TIME OR RELATIVE TIME COUNT |
| 2 | PRESSURE ALTITUDE |
| 3 | INDICATED AIRSPEED |
| 4 | HEADING |
| 5 | NORMAL ACCELERATION |

NO.

PARAMETER

1

TIME OR RELATIVE TIME COUNT

2

PRESSURE ALTITUDE

3

INDICATED AIRSPEED

4

HEADING

5

NORMAL ACCELERATION

Table B — Additional parameters for aeroplanes with a maximum certificated take-off mass of over 27 000 kg

| NO. | PARAMETER |
| --- | --- |
| 6 | PITCH ATTITUDE |
| 7 | ROLL ATTITUDE |
| 8 | MANUAL RADIO TRANSMISSION KEYING UNLESS AN ALTERNATE MEANS TO SYNCHRONISE THE FDR AND CVR RECORDINGS IS PROVIDED |
| 9 | POWER ON EACH ENGINE |
| 10 | TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 11 | LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION |
| 12 | THRUST REVERSE POSITION (FOR TURBOJET AEROPLANES ONLY) |
| 13 | GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION |
| 14 | OUTSIDE AIR TEMPERATURE OR TOTAL AIR TEMPERATURE |
| 15a | AUTOPILOT ENGAGEMENT STATUS |
| 15b | AUTOPILOT OPERATING MODES, AUTOTHROTTLE AND AFCS, SYSTEMS ENGAGEMENT STATUS AND OPERATING MODES |
| 16 | LONGITUDINAL ACCELERATION |
| 17 | LATERAL ACCELERATION |
| 18 | PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL AND YAW) |
| 19 | PITCH TRIM POSITION |
| 20 | RADIO ALTITUDE |
| 21 | GLIDE PATH DEVIATION |
| 22 | LOCALISER DEVIATION |
| 23 | MARKER BEACON PASSAGE |
| 24 | MASTER WARNING |
| 25 | NAV 1 AND NAV 2 FREQUENCY SELECTION |
| 26 | DME 1 AND DME 2 DISTANCE |
| 27 | LANDING GEAR SQUAT SWITCH STATUS |
| 28 | GROUND PROXIMITY WARNING SYSTEM |
| 29 | ANGLE OF ATTACK |
| 30 | HYDRAULICS, EACH SYSTEM (LOW PRESSURE) |
| 31 | NAVIGATION DATA (LATITUDE, LONGITUDE, GROUND SPEED AND DRIFT ANGLE) |
| 32 | LANDING GEAR OR GEAR SELECTOR POSITION |

NO.

PARAMETER

6

PITCH ATTITUDE

7

ROLL ATTITUDE

8

MANUAL RADIO TRANSMISSION KEYING UNLESS AN ALTERNATE MEANS TO SYNCHRONISE THE FDR AND CVR RECORDINGS IS PROVIDED

9

POWER ON EACH ENGINE

10

TRAILING EDGE FLAP OR COCKPIT CONTROL SELECTION

11

LEADING EDGE FLAP OR COCKPIT CONTROL SELECTION

12

THRUST REVERSE POSITION (FOR TURBOJET AEROPLANES ONLY)

13

GROUND SPOILER POSITION AND/OR SPEED BRAKE SELECTION

14

OUTSIDE AIR TEMPERATURE OR TOTAL AIR TEMPERATURE

15a

AUTOPILOT ENGAGEMENT STATUS

15b

AUTOPILOT OPERATING MODES, AUTOTHROTTLE AND AFCS, SYSTEMS ENGAGEMENT STATUS AND OPERATING MODES

16

LONGITUDINAL ACCELERATION

17

LATERAL ACCELERATION

18

PRIMARY FLIGHT CONTROLS — CONTROL SURFACE POSITION AND/OR PILOT INPUT (PITCH, ROLL AND YAW)

19

PITCH TRIM POSITION

20

RADIO ALTITUDE

21

GLIDE PATH DEVIATION

22

LOCALISER DEVIATION

23

MARKER BEACON PASSAGE

24

MASTER WARNING

25

NAV 1 AND NAV 2 FREQUENCY SELECTION

26

DME 1 AND DME 2 DISTANCE

27

LANDING GEAR SQUAT SWITCH STATUS

28

GROUND PROXIMITY WARNING SYSTEM

29

ANGLE OF ATTACK

30

HYDRAULICS, EACH SYSTEM (LOW PRESSURE)

31

NAVIGATION DATA (LATITUDE, LONGITUDE, GROUND SPEED AND DRIFT ANGLE)

32

LANDING GEAR OR GEAR SELECTOR POSITION

Appendix 1 to OPS 1.770

Oxygen — Minimum Requirements for Supplemental Oxygen for Pressurised Aeroplanes during and following Emergency Descent

Table 1

| (a) | (b) |
| --- | --- |
| SUPPLY FOR: | DURATION AND CABIN PRESSURE ALTITUDE |
| 1. | All occupants of flight deck seats on flight deck duty |

(a)

(b)

SUPPLY FOR:

DURATION AND CABIN PRESSURE ALTITUDE

1.

All occupants of flight deck seats on flight deck duty

Entire flight time when the cabin pressure altitude exceeds 13 000 ft and entire flight time when the cabin pressure altitude exceeds 10 000 ft but does not exceed 13 000 ft after the first 30 minutes at those altitudes, but in no case less than:

| (i) | 30 minutes for aeroplanes certificated to fly at altitudes not exceeding 25 000 ft (Note 2) |
| --- | --- |

(i)

30 minutes for aeroplanes certificated to fly at altitudes not exceeding 25 000 ft (Note 2)

| (ii) | 2 hours for aeroplanes certificated to fly at altitudes more than 25 000 ft (Note 3). |
| --- | --- |

(ii)

2 hours for aeroplanes certificated to fly at altitudes more than 25 000 ft (Note 3).

| 2. | All required cabin crew members |
| --- | --- |

2.

All required cabin crew members

Entire flight time when cabin pressure altitude exceeds 13 000 ft but not less than 30 minutes (Note 2), and entire flight time when cabin pressure altitude is greater than 10 000 ft but does not exceed 13 000 ft after the first 30 minutes at these altitudes

| 3. | 100 % of passengers (Note 5) |
| --- | --- |

3.

100 % of passengers (Note 5)

Entire flight time when the cabin pressure altitude exceeds 15 000 ft but in no case less then 10 minutes (Note 4).

| 4. | 30 % of passengers (Note 5) |
| --- | --- |

4.

30 % of passengers (Note 5)

Entire flight time when the cabin pressure altitude exceeds 14 000 ft but does not exceed 15 000 ft

| 5. | 10 % of passengers (Note 5). |
| --- | --- |

5.

10 % of passengers (Note 5).

Entire flight time when the cabin pressure altitude exceeds 10 000 ft but does not exceed 14 000 ft after the first 30 minutes at these altitudes

| Note 1: | The supply provided must take account of the cabin pressure altitude and descent profile for the routes concerned. |
| --- | --- |

Note 1:

The supply provided must take account of the cabin pressure altitude and descent profile for the routes concerned.

| Note 2: | The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 10 000 ft in 10 minutes and followed by 20 minutes at 10 000 ft. |
| --- | --- |

Note 2:

The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 10 000 ft in 10 minutes and followed by 20 minutes at 10 000 ft.

| Note 3: | The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 10 000 ft in 10 minutes and followed by 110 minutes at 10 000 ft. The oxygen required in OPS 1.780 (a)(1) may be included in determining the supply required. |
| --- | --- |

Note 3:

The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 10 000 ft in 10 minutes and followed by 110 minutes at 10 000 ft. The oxygen required in OPS 1.780 (a)(1) may be included in determining the supply required.

| Note 4: | The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 15 000 ft in 10 minutes. |
| --- | --- |

Note 4:

The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane's maximum certificated operating altitude to 15 000 ft in 10 minutes.

| Note 5: | For the purpose of this table “passengers” means passengers actually carried and includes infants. |
| --- | --- |

Note 5:

For the purpose of this table “passengers” means passengers actually carried and includes infants.

Appendix 1 to OPS 1.775

Supplemental Oxygen for non-pressurised Aeroplanes

Table 1

| (a) | (b) |
| --- | --- |
| SUPPLY FOR: | DURATION AND PRESSURE ALTITUDE |
| 1. | All occupants of flight deck seats on flight deck duty |

(a)

(b)

SUPPLY FOR:

DURATION AND PRESSURE ALTITUDE

1.

All occupants of flight deck seats on flight deck duty

Entire flight time at pressure altitudes above 10 000 ft

| 2. | All required cabin crew members |
| --- | --- |

2.

All required cabin crew members

Entire flight time at pressure altitudes above 13 000 ft and for any period exceeding 30 minutes at pressure altitudes above 10 000 ft but not exceeding 13 000 ft.

| 3. | 100 % of passengers (See Note) |
| --- | --- |

3.

100 % of passengers (See Note)

Entire flight time at pressure altitudes above 13 000 ft.

| 4. | 10 % of passengers (See Note) |
| --- | --- |

4.

10 % of passengers (See Note)

Entire flight time after 30 minutes at pressure altitudes greater than 10 000 ft but not exceeding 13 000 ft

| Note: | For the purpose of this table “passengers” means passengers actually carried and includes infants under the age of 2. |
| --- | --- |

Note:

For the purpose of this table “passengers” means passengers actually carried and includes infants under the age of 2.

SUBPART L

COMMUNICATION AND NAVIGATION EQUIPMENT

OPS 1.845

General introduction

| (a) | An operator shall ensure that a flight does not commence unless the communication and navigation equipment required under this Subpart is:






  (1) | Approved and installed in accordance with the requirements applicable to them, including the minimum performance standard and the operational and airworthiness requirements; |
| --- | --- | --- |

(a)

An operator shall ensure that a flight does not commence unless the communication and navigation equipment required under this Subpart is:

(1)

Approved and installed in accordance with the requirements applicable to them, including the minimum performance standard and the operational and airworthiness requirements;

| (2) | Installed such that the failure of any single unit required for either communication or navigation purposes, or both, will not result in the failure of another unit required for communications or navigation purposes; |
| --- | --- |

(2)

Installed such that the failure of any single unit required for either communication or navigation purposes, or both, will not result in the failure of another unit required for communications or navigation purposes;

| (3) | In operable condition for the kind of operation being conducted except as provided in the MEL (OPS 1.030 refers); and |
| --- | --- |

(3)

In operable condition for the kind of operation being conducted except as provided in the MEL (OPS 1.030 refers); and

| (4) | So arranged that if equipment is to be used by one flight crew member at his/her station during flight it must be readily operable from his/her station. When a single item of equipment is required to be operated by more than one flight crew member it must be installed so that the equipment is readily operable from any station at which the equipment is required to be operated. |
| --- | --- |

(4)

So arranged that if equipment is to be used by one flight crew member at his/her station during flight it must be readily operable from his/her station. When a single item of equipment is required to be operated by more than one flight crew member it must be installed so that the equipment is readily operable from any station at which the equipment is required to be operated.

| (b) | Communication and navigation equipment minimum performance standards are those prescribed in the applicable European Technical Standard Orders (ETSO) as listed in applicable specifications on European Technical Standard Orders (CS-TSO), unless different performance standards are prescribed in the operational or airworthiness codes. Communication and navigation equipment complying with design and performance specifications other than ETSO on the date of OPS implementation may remain in service, or be installed, unless additional requirements are prescribed in this Subpart. Communication and navigation equipment which has already been approved does not need to comply with a revised ETSO or a revised specification, other than ETSO, unless a retroactive requirement is prescribed. |
| --- | --- |

(b)

Communication and navigation equipment minimum performance standards are those prescribed in the applicable European Technical Standard Orders (ETSO) as listed in applicable specifications on European Technical Standard Orders (CS-TSO), unless different performance standards are prescribed in the operational or airworthiness codes. Communication and navigation equipment complying with design and performance specifications other than ETSO on the date of OPS implementation may remain in service, or be installed, unless additional requirements are prescribed in this Subpart. Communication and navigation equipment which has already been approved does not need to comply with a revised ETSO or a revised specification, other than ETSO, unless a retroactive requirement is prescribed.

OPS 1.850

Radio Equipment

| (a) | An operator shall not operate an aeroplane unless it is equipped with radio required for the kind of operation being conducted. |
| --- | --- |

(a)

An operator shall not operate an aeroplane unless it is equipped with radio required for the kind of operation being conducted.

| (b) | Where two independent (separate and complete) radio systems are required under this Subpart, each system must have an independent antenna installation except that, where rigidly supported non-wire antennae or other antenna installations of equivalent reliability are used, only one antenna is required. |
| --- | --- |

(b)

Where two independent (separate and complete) radio systems are required under this Subpart, each system must have an independent antenna installation except that, where rigidly supported non-wire antennae or other antenna installations of equivalent reliability are used, only one antenna is required.

| (c) | The radio communication equipment required to comply with paragraph (a) above must also provide for communications on the aeronautical emergency frequency 121,5 MHz. |
| --- | --- |

(c)

The radio communication equipment required to comply with paragraph (a) above must also provide for communications on the aeronautical emergency frequency 121,5 MHz.

OPS 1.855

Audio Selector Panel

An operator shall not operate an aeroplane under IFR unless it is equipped with an audio selector panel accessible to each required flight crew member.

OPS 1.860

Radio equipment for operations under VFR over routes navigated by reference to visual landmarks

An operator shall not operate an aeroplane under VFR over routes that can be navigated by reference to visual landmarks, unless it is equipped with the radio communication equipment necessary under normal operating conditions to fulfil the following:

| (a) | Communicate with appropriate ground stations; |
| --- | --- |

(a)

Communicate with appropriate ground stations;

| (b) | Communicate with appropriate air traffic control facilities from any point in controlled airspace within which flights are intended; and |
| --- | --- |

(b)

Communicate with appropriate air traffic control facilities from any point in controlled airspace within which flights are intended; and

| (c) | Receive meteorological information. |
| --- | --- |

(c)

Receive meteorological information.

OPS 1.865

Communication and Navigation equipment for operations under IFR, or under VFR over routes not navigated by reference to visual landmarks

| (a) | An operator shall not operate an aeroplane under IFR, or under VFR over routes that cannot be navigated by reference to visual landmarks, unless the aeroplane is equipped with radio communication and SSR transponder and navigation equipment in accordance with the requirements of air traffic services in the area(s) of operation. |
| --- | --- |

(a)

An operator shall not operate an aeroplane under IFR, or under VFR over routes that cannot be navigated by reference to visual landmarks, unless the aeroplane is equipped with radio communication and SSR transponder and navigation equipment in accordance with the requirements of air traffic services in the area(s) of operation.

| (b) | Radio Equipment. An operator shall ensure that radio equipment comprises not less than:






  (1) | Two independent radio communication systems necessary under normal operating conditions to communicate with an appropriate ground station from any point on the route including diversions; and |
| --- | --- | --- |

(b)

Radio Equipment. An operator shall ensure that radio equipment comprises not less than:

(1)

Two independent radio communication systems necessary under normal operating conditions to communicate with an appropriate ground station from any point on the route including diversions; and

| (2) | SSR transponder equipment as required for the route being flown. |
| --- | --- |

(2)

SSR transponder equipment as required for the route being flown.

| (c) | Navigation equipment. An operator shall ensure that navigation equipment






  (1) | Comprises not less than:






  (i) | One VOR receiving system, one ADF system, one DME except that an ADF system need not be installed provided that the use of the ADF is not required in any phase of the planned flight; |
| --- | --- | --- | --- |

(c)

Navigation equipment. An operator shall ensure that navigation equipment

(1)

Comprises not less than:

(i)

One VOR receiving system, one ADF system, one DME except that an ADF system need not be installed provided that the use of the ADF is not required in any phase of the planned flight;

| (ii) | One ILS or MLS where ILS or MLS is required for approach navigation purposes; |
| --- | --- |

(ii)

One ILS or MLS where ILS or MLS is required for approach navigation purposes;

| (iii) | One Marker Beacon receiving system where a Marker Beacon is required for approach navigation purposes; |
| --- | --- |

(iii)

One Marker Beacon receiving system where a Marker Beacon is required for approach navigation purposes;

| (iv) | An Area Navigation System when area navigation is required for the route being flown; |
| --- | --- |

(iv)

An Area Navigation System when area navigation is required for the route being flown;

| (v) | An additional DME system on any route, or part thereof, where navigation is based only on DME signals; |
| --- | --- |

(v)

An additional DME system on any route, or part thereof, where navigation is based only on DME signals;

| (vi) | An additional VOR receiving system on any route, or part thereof, where navigation is based only on VOR signals; |
| --- | --- |

(vi)

An additional VOR receiving system on any route, or part thereof, where navigation is based only on VOR signals;

| (vii) | ADF system on any route, or part thereof, where navigation is based only on NDB signals; or |
| --- | --- |

(vii)

ADF system on any route, or part thereof, where navigation is based only on NDB signals; or

| (2) | Complies with the Required Navigation Performance (RNP) Type for operation in the airspace concerned. |
| --- | --- |

(2)

Complies with the Required Navigation Performance (RNP) Type for operation in the airspace concerned.

| (d) | An operator may operate an aeroplane that is not equipped with an ADF or with the navigation equipment specified in sub-paragraph(s) (c)(1)(vi) and/or (c)(1)(vii) above, provided that it is equipped with alternative equipment authorised, for the route being flown, by the Authority. The reliability and the accuracy of alternative equipment must allow safe navigation for the intended route. |
| --- | --- |

(d)

An operator may operate an aeroplane that is not equipped with an ADF or with the navigation equipment specified in sub-paragraph(s) (c)(1)(vi) and/or (c)(1)(vii) above, provided that it is equipped with alternative equipment authorised, for the route being flown, by the Authority. The reliability and the accuracy of alternative equipment must allow safe navigation for the intended route.

| (e) | An operator shall ensure that VHF communication equipment, ILS Localiser and VOR receivers installed on aeroplanes to be operated in IFR are of a type that has been approved as complying with the FM immunity performance standards. |
| --- | --- |

(e)

An operator shall ensure that VHF communication equipment, ILS Localiser and VOR receivers installed on aeroplanes to be operated in IFR are of a type that has been approved as complying with the FM immunity performance standards.

OPS 1.866

Transponder equipment

| (a) | An operator shall not operate an aeroplane unless it is equipped with:






  (1) | A pressure altitude reporting SSR transponder; and |
| --- | --- | --- |

(a)

An operator shall not operate an aeroplane unless it is equipped with:

(1)

A pressure altitude reporting SSR transponder; and

| (2) | any other SSR transponder capability required for the route being flown. |
| --- | --- |

(2)

any other SSR transponder capability required for the route being flown.

OPS 1.870

Additional navigation equipment for operations in MNPS airspace

| (a) | An operator shall not operate an aeroplane in MNPS airspace unless it is equipped with navigation equipment that complies with minimum navigation performance specifications prescribed in ICAO Doc 7030 in the form of Regional Supplementary Procedures. |
| --- | --- |

(a)

An operator shall not operate an aeroplane in MNPS airspace unless it is equipped with navigation equipment that complies with minimum navigation performance specifications prescribed in ICAO Doc 7030 in the form of Regional Supplementary Procedures.

| (b) | The navigation equipment required by this paragraph must be visible and usable by either pilot seated at his/her duty station. |
| --- | --- |

(b)

The navigation equipment required by this paragraph must be visible and usable by either pilot seated at his/her duty station.

| (c) | For unrestricted operation in MNPS airspace an aeroplane must be equipped with two independent Long Range Navigation Systems (LRNS). |
| --- | --- |

(c)

For unrestricted operation in MNPS airspace an aeroplane must be equipped with two independent Long Range Navigation Systems (LRNS).

| (d) | For operation in MNPS airspace along notified special routes an aeroplane must be equipped with one Long Range Navigation System (LRNS), unless otherwise specified. |
| --- | --- |

(d)

For operation in MNPS airspace along notified special routes an aeroplane must be equipped with one Long Range Navigation System (LRNS), unless otherwise specified.

OPS 1.872

Equipment for operation in defined airspace with Reduced Vertical Separation Minima (RVSM)

| (a) | An operator shall ensure that aeroplanes operated in RVSM airspace are equipped with:






  (1) | Two independent altitude measurement systems |
| --- | --- | --- |

(a)

An operator shall ensure that aeroplanes operated in RVSM airspace are equipped with:

(1)

Two independent altitude measurement systems

| (2) | An altitude alerting system |
| --- | --- |

(2)

An altitude alerting system

| (3) | An automatic altitude control system; and |
| --- | --- |

(3)

An automatic altitude control system; and

| (4) | A secondary surveillance radar (SSR) transponder with altitude reporting system that can be connected to the altitude measurement system in use for altitude keeping. |
| --- | --- |

(4)

A secondary surveillance radar (SSR) transponder with altitude reporting system that can be connected to the altitude measurement system in use for altitude keeping.

SUBPART M

AEROPLANE MAINTENANCE

OPS 1.875

General

| (a) | An operator shall not operate an aeroplane unless it is maintained and released to service by an organisation appropriately approved/accepted in accordance with Part 145 except that pre-flight inspections need not necessarily be carried out by the Part 145 organisation. |
| --- | --- |

(a)

An operator shall not operate an aeroplane unless it is maintained and released to service by an organisation appropriately approved/accepted in accordance with Part 145 except that pre-flight inspections need not necessarily be carried out by the Part 145 organisation.

| (b) | Aeroplane maintenance requirements needed to comply with the operator certification requirements in OPS 1.180 are those set up in Part M. |
| --- | --- |

(b)

Aeroplane maintenance requirements needed to comply with the operator certification requirements in OPS 1.180 are those set up in Part M.

SUBPART N

FLIGHT CREW

OPS 1.940

Composition of Flight Crew

(See Appendices 1 & 2 to OPS 1.940)

| (a) | An operator shall ensure that:






  (1) | The composition of the flight crew and the number of flight crew members at designated crew stations are both in compliance with, and no less than the minimum specified in, the Aeroplane Flight Manual (AFM); |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

The composition of the flight crew and the number of flight crew members at designated crew stations are both in compliance with, and no less than the minimum specified in, the Aeroplane Flight Manual (AFM);

| (2) | The flight crew includes additional flight crew members when required by the type of operation, and is not reduced below the number specified in the Operations Manual; |
| --- | --- |

(2)

The flight crew includes additional flight crew members when required by the type of operation, and is not reduced below the number specified in the Operations Manual;

| (3) | All flight crew members hold an applicable and valid licence acceptable to the Authority and are suitably qualified and competent to conduct the duties assigned to them; |
| --- | --- |

(3)

All flight crew members hold an applicable and valid licence acceptable to the Authority and are suitably qualified and competent to conduct the duties assigned to them;

| (4) | Procedures are established, acceptable to the Authority, to prevent the crewing together of inexperienced flight crew members; |
| --- | --- |

(4)

Procedures are established, acceptable to the Authority, to prevent the crewing together of inexperienced flight crew members;

| (5) | One pilot amongst the flight crew, qualified as a pilot-in-command in accordance with the requirements governing Flight Crew Licenses, is designated as the commander who may delegate the conduct of the flight to another suitably qualified pilot; and |
| --- | --- |

(5)

One pilot amongst the flight crew, qualified as a pilot-in-command in accordance with the requirements governing Flight Crew Licenses, is designated as the commander who may delegate the conduct of the flight to another suitably qualified pilot; and

| (6) | When a dedicated System Panel Operator is required by the AFM, the flight crew includes one crew member who holds a Flight Engineer's licence or is a suitably qualified flight crew member and acceptable to the Authority. |
| --- | --- |

(6)

When a dedicated System Panel Operator is required by the AFM, the flight crew includes one crew member who holds a Flight Engineer's licence or is a suitably qualified flight crew member and acceptable to the Authority.

| (7) | When engaging the services of flight crew members who are self employed and/or working on a freelance or part time basis, the requirements of Subpart N are complied with. In this respect, particular attention must be paid to the total number of aircraft types or variants that a flight crew member may fly for the purposes of commercial air transportation, which must not exceed the requirements prescribed in OPS 1.980 and OPS 1.981, including when his/her services are engaged by another operator. For crew members serving the operator as a commander, initial operator's Crew Resource Management (CRM) training shall be completed before commencing unsupervised line flying unless the crew member has previously completed an initial operator's CRM course. |
| --- | --- |

(7)

When engaging the services of flight crew members who are self employed and/or working on a freelance or part time basis, the requirements of Subpart N are complied with. In this respect, particular attention must be paid to the total number of aircraft types or variants that a flight crew member may fly for the purposes of commercial air transportation, which must not exceed the requirements prescribed in OPS 1.980 and OPS 1.981, including when his/her services are engaged by another operator. For crew members serving the operator as a commander, initial operator's Crew Resource Management (CRM) training shall be completed before commencing unsupervised line flying unless the crew member has previously completed an initial operator's CRM course.

| (b) | Minimum flight crew for operations under IFR or at night. For operations under IFR or at night, an operator shall ensure that:






  (1) | For all turbo-propeller aeroplanes with a maximum approved passenger seating configuration of more than 9 and for all turbo-jet aeroplanes, the minimum flight crew is 2 pilots; or |
| --- | --- | --- |

(b)

Minimum flight crew for operations under IFR or at night. For operations under IFR or at night, an operator shall ensure that:

(1)

For all turbo-propeller aeroplanes with a maximum approved passenger seating configuration of more than 9 and for all turbo-jet aeroplanes, the minimum flight crew is 2 pilots; or

| (2) | Aeroplanes other than those covered by sub-paragraph (b)(1) above are operated by a single pilot provided that the requirements of Appendix 2 to OPS 1.940 are satisfied. If the requirements of Appendix 2 are not satisfied, the minimum flight crew is 2 pilots. |
| --- | --- |

(2)

Aeroplanes other than those covered by sub-paragraph (b)(1) above are operated by a single pilot provided that the requirements of Appendix 2 to OPS 1.940 are satisfied. If the requirements of Appendix 2 are not satisfied, the minimum flight crew is 2 pilots.

JAR-OPS 1.943

Initial Operator's Crew Resource Management (CRM) training

| (a) | When a flight crew member has not previously completed initial Operator's Crew Resource Management (CRM) training (either new employees or existing staff), then the operator shall ensure that the flight crew member completes an initial CRM training course. New employees shall complete initial Operator's CRM Training within their first year of joining an operator. |
| --- | --- |

(a)

When a flight crew member has not previously completed initial Operator's Crew Resource Management (CRM) training (either new employees or existing staff), then the operator shall ensure that the flight crew member completes an initial CRM training course. New employees shall complete initial Operator's CRM Training within their first year of joining an operator.

| (b) | If the flight crew member has not previously been trained in Human Factors then a theoretical course, based on the human performance and limitations programme for the ATPL (see the requirements applicable to the issue of Flight Crew Licences) shall be completed before the initial Operator's CRM training or combined with the initial Operator's CRM training. |
| --- | --- |

(b)

If the flight crew member has not previously been trained in Human Factors then a theoretical course, based on the human performance and limitations programme for the ATPL (see the requirements applicable to the issue of Flight Crew Licences) shall be completed before the initial Operator's CRM training or combined with the initial Operator's CRM training.

| (c) | Initial CRM training shall be conducted by at least one CRM trainer acceptable to the Authority who may be assisted by experts in order to address specific areas. |
| --- | --- |

(c)

Initial CRM training shall be conducted by at least one CRM trainer acceptable to the Authority who may be assisted by experts in order to address specific areas.

| (d) | Initial CRM training is conducted in accordance with a detailed course syllabus included in the Operations Manual. |
| --- | --- |

(d)

Initial CRM training is conducted in accordance with a detailed course syllabus included in the Operations Manual.

OPS 1.945

Conversion Training and checking

(See Appendix 1 to OPS 1.945)

| (a) | An operator shall ensure that:






  (1) | A flight crew member completes a Type Rating course which satisfies the requirements applicable to the issue of Flight Crew Licences when changing from one type of aeroplane to another type or class for which a new type or class rating is required; |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

A flight crew member completes a Type Rating course which satisfies the requirements applicable to the issue of Flight Crew Licences when changing from one type of aeroplane to another type or class for which a new type or class rating is required;

| (2) | A flight crew member completes an operator's conversion course before commencing unsupervised line flying;






  (i) | When changing to an aeroplane for which a new type or class rating is required; or |
| --- | --- | --- |

(2)

A flight crew member completes an operator's conversion course before commencing unsupervised line flying;

(i)

When changing to an aeroplane for which a new type or class rating is required; or

| (ii) | When changing operator; |
| --- | --- |

(ii)

When changing operator;

| (3) | Conversion training is conducted by suitably qualified personnel in accordance with a detailed course syllabus included in the Operations Manual. The operator shall ensure that the personnel integrating elements of CRM into conversion training are suitably qualified; |
| --- | --- |

(3)

Conversion training is conducted by suitably qualified personnel in accordance with a detailed course syllabus included in the Operations Manual. The operator shall ensure that the personnel integrating elements of CRM into conversion training are suitably qualified;

| (4) | The amount of training required by the operator's conversion course is determined after due note has been taken of the flight crew member's previous training as recorded in his/her training records prescribed in OPS 1.985; |
| --- | --- |

(4)

The amount of training required by the operator's conversion course is determined after due note has been taken of the flight crew member's previous training as recorded in his/her training records prescribed in OPS 1.985;

| (5) | The minimum standards of qualification and experience required of flight crew members before undertaking conversion training are specified in the Operations Manual; |
| --- | --- |

(5)

The minimum standards of qualification and experience required of flight crew members before undertaking conversion training are specified in the Operations Manual;

| (6) | Each flight crew member undergoes the checks required by OPS 1.965(b) and the training and checks required by OPS 1.965(d) before commencing line flying under supervision; |
| --- | --- |

(6)

Each flight crew member undergoes the checks required by OPS 1.965(b) and the training and checks required by OPS 1.965(d) before commencing line flying under supervision;

| (7) | Upon completion of line flying under supervision, the check required by OPS 1.965(c) is undertaken; |
| --- | --- |

(7)

Upon completion of line flying under supervision, the check required by OPS 1.965(c) is undertaken;

| (8) | Once an operator's conversion course has been commenced, a flight crew member does not undertake flying duties on another type or class until the course is completed or terminated; and |
| --- | --- |

(8)

Once an operator's conversion course has been commenced, a flight crew member does not undertake flying duties on another type or class until the course is completed or terminated; and

| (9) | Elements of CRM training are integrated into the conversion course. |
| --- | --- |

(9)

Elements of CRM training are integrated into the conversion course.

| (b) | In the case of changing aeroplane type or class, the check required by OPS 1.965(b) may be combined with the type or class rating skill test under the requirements applicable to the issue of Flight Crew Licences. |
| --- | --- |

(b)

In the case of changing aeroplane type or class, the check required by OPS 1.965(b) may be combined with the type or class rating skill test under the requirements applicable to the issue of Flight Crew Licences.

| (c) | The operator's conversion course and the Type or Class Rating course required for the issue of Flight Crew Licences may be combined. |
| --- | --- |

(c)

The operator's conversion course and the Type or Class Rating course required for the issue of Flight Crew Licences may be combined.

OPS 1.950

Differences Training and Familiarisation Training

| (a) | An operator shall ensure that a flight crew member completes:






  (1) | Differences training which requires additional knowledge and training on an appropriate training device for the aeroplane:






  (i) | When operating another variant of an aeroplane of the same type or another type of the same class currently operated; or |
| --- | --- | --- | --- |

(a)

An operator shall ensure that a flight crew member completes:

(1)

Differences training which requires additional knowledge and training on an appropriate training device for the aeroplane:

(i)

When operating another variant of an aeroplane of the same type or another type of the same class currently operated; or

| (ii) | When changing equipment and/or procedures on types or variants currently operated; |
| --- | --- |

(ii)

When changing equipment and/or procedures on types or variants currently operated;

| (2) | Familiarisation training which requires the acquisition of additional knowledge:






  (i) | When operating another aeroplane of the same type or variant; or |
| --- | --- | --- |

(2)

Familiarisation training which requires the acquisition of additional knowledge:

(i)

When operating another aeroplane of the same type or variant; or

| (ii) | When changing equipment and/or procedures on types or variants currently operated. |
| --- | --- |

(ii)

When changing equipment and/or procedures on types or variants currently operated.

| (b) | The operator shall specify in the Operations Manual when such differences training or familiarisation training is required. |
| --- | --- |

(b)

The operator shall specify in the Operations Manual when such differences training or familiarisation training is required.

OPS 1.955

Nomination as commander

| (a) | An operator shall ensure that for upgrade to commander from co-pilot and for those joining as commanders:






  (1) | A minimum level of experience, acceptable to the Authority, is specified in the Operations Manual; and |
| --- | --- | --- |

(a)

An operator shall ensure that for upgrade to commander from co-pilot and for those joining as commanders:

(1)

A minimum level of experience, acceptable to the Authority, is specified in the Operations Manual; and

| (2) | For multi-crew operations, the pilot completes an appropriate command course. |
| --- | --- |

(2)

For multi-crew operations, the pilot completes an appropriate command course.

| (b) | The command course required by sub-paragraph (a)(2) above must be specified in the Operations Manual and include at least the following:






  (1) | Training in an STD (including Line Orientated Flying Training) and/or flying training; |
| --- | --- | --- |

(b)

The command course required by sub-paragraph (a)(2) above must be specified in the Operations Manual and include at least the following:

(1)

Training in an STD (including Line Orientated Flying Training) and/or flying training;

| (2) | An operator proficiency check operating as commander; |
| --- | --- |

(2)

An operator proficiency check operating as commander;

| (3) | Commander's responsibilities; |
| --- | --- |

(3)

Commander's responsibilities;

| (4) | Line training in command under supervision. A minimum of 10 sectors is required for pilots already qualified on the aeroplane type; |
| --- | --- |

(4)

Line training in command under supervision. A minimum of 10 sectors is required for pilots already qualified on the aeroplane type;

| (5) | Completion of a commander's line check as prescribed in OPS 1.965(c) and route and aerodrome competence qualifications as prescribed in OPS 1.975; and |
| --- | --- |

(5)

Completion of a commander's line check as prescribed in OPS 1.965(c) and route and aerodrome competence qualifications as prescribed in OPS 1.975; and

| (6) | Elements of Crew Resource Management. |
| --- | --- |

(6)

Elements of Crew Resource Management.

OPS 1.960

Commanders holding a Commercial Pilot Licence

| (a) | An operator shall ensure that:






  (1) | A Commercial Pilot Licence (CPL) holder does not operate as a commander of an aeroplane certificated in the Aeroplane Flight Manual for single pilot operations unless:






  (i) | When conducting passenger carrying operations under Visual Flight Rules (VFR) outside a radius of 50 nm from an aerodrome of departure, the pilot has a minimum of 500 hours total flight time on aeroplanes or holds a valid Instrument Rating; or |
| --- | --- | --- | --- |

(a)

An operator shall ensure that:

(1)

A Commercial Pilot Licence (CPL) holder does not operate as a commander of an aeroplane certificated in the Aeroplane Flight Manual for single pilot operations unless:

(i)

When conducting passenger carrying operations under Visual Flight Rules (VFR) outside a radius of 50 nm from an aerodrome of departure, the pilot has a minimum of 500 hours total flight time on aeroplanes or holds a valid Instrument Rating; or

| (ii) | When operating on a multi-engine type under Instrument Flight Rules (IFR), the pilot has a minimum of 700 hours total flight time on aeroplanes which includes 400 hours as pilot-in-command (in accordance with the requirements governing Flight Crew Licenses) of which 100 hours have been under IFR including 40 hours multi-engine operation. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot on the basis of two hours co-pilot is equivalent to one hour as pilot-in-command provided those hours were gained within an established multi-pilot crew system prescribed in the Operations Manual; |
| --- | --- |

(ii)

When operating on a multi-engine type under Instrument Flight Rules (IFR), the pilot has a minimum of 700 hours total flight time on aeroplanes which includes 400 hours as pilot-in-command (in accordance with the requirements governing Flight Crew Licenses) of which 100 hours have been under IFR including 40 hours multi-engine operation. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot on the basis of two hours co-pilot is equivalent to one hour as pilot-in-command provided those hours were gained within an established multi-pilot crew system prescribed in the Operations Manual;

| (2) | In addition to sub-paragraph (a)(1)(ii) above, when operating under IFR as a single pilot, the requirements prescribed in Appendix 2 to OPS 1.940 are satisfied; and |
| --- | --- |

(2)

In addition to sub-paragraph (a)(1)(ii) above, when operating under IFR as a single pilot, the requirements prescribed in Appendix 2 to OPS 1.940 are satisfied; and

| (3) | In multi-pilot crew operations, in addition to sub-paragraph (a)(1) above, and prior to the pilot operating as commander, the command course prescribed in OPS 1.955(a)(2) is completed. |
| --- | --- |

(3)

In multi-pilot crew operations, in addition to sub-paragraph (a)(1) above, and prior to the pilot operating as commander, the command course prescribed in OPS 1.955(a)(2) is completed.

OPS 1.965

Recurrent Training and Checking

(See Appendices 1 & 2 to OPS 1.965)

| (a) | General.
  An operator shall ensure that:






  (1) | Each flight crew member undergoes recurrent training and checking and that all such training and checking is relevant to the type or variant of aeroplane on which the flight crew member operates; |
| --- | --- | --- |

(a)

General.

An operator shall ensure that:

(1)

Each flight crew member undergoes recurrent training and checking and that all such training and checking is relevant to the type or variant of aeroplane on which the flight crew member operates;

| (2) | A recurrent training and checking programme is established in the Operations Manual and approved by the Authority; |
| --- | --- |

(2)

A recurrent training and checking programme is established in the Operations Manual and approved by the Authority;

| (3) | Recurrent training is conducted by the following personnel:






  (i) | Ground and refresher training — by suitably qualified personnel; |
| --- | --- | --- |

(3)

Recurrent training is conducted by the following personnel:

(i)

Ground and refresher training — by suitably qualified personnel;

| (ii) | Aeroplane/STD training — by a Type Rating Instructor (TRI), Class Rating Instructor (CRI) or in the case of the STD content, a Synthetic Flight Instructor (SFI), providing that the TRI, CRI or SFI satisfies the operator's experience and knowledge requirements sufficient to instruct on the items specified in paragraphs (a)(1)(i)(A) and (B) of Appendix 1 to OPS 1.965 |
| --- | --- |

(ii)

Aeroplane/STD training — by a Type Rating Instructor (TRI), Class Rating Instructor (CRI) or in the case of the STD content, a Synthetic Flight Instructor (SFI), providing that the TRI, CRI or SFI satisfies the operator's experience and knowledge requirements sufficient to instruct on the items specified in paragraphs (a)(1)(i)(A) and (B) of Appendix 1 to OPS 1.965

| (iii) | Emergency and safety equipment training — by suitably qualified personnel; and |
| --- | --- |

(iii)

Emergency and safety equipment training — by suitably qualified personnel; and

| (iv) | Crew Resource Management (CRM):






  (A) | Integration of CRM elements into all the phases of the recurrent training — by all the personnel conducting recurrent training. The operator shall ensure that all personnel conducting recurrent training are suitably qualified to integrate elements of CRM into this training; |
| --- | --- | --- |

(iv)

Crew Resource Management (CRM):

(A)

Integration of CRM elements into all the phases of the recurrent training — by all the personnel conducting recurrent training. The operator shall ensure that all personnel conducting recurrent training are suitably qualified to integrate elements of CRM into this training;

| (B) | Modular CRM training — by at least one CRM trainer acceptable to the Authority who may be assisted by experts in order to address specific areas. |
| --- | --- |

(B)

Modular CRM training — by at least one CRM trainer acceptable to the Authority who may be assisted by experts in order to address specific areas.

| (4) | Recurrent checking is conducted by the following personnel:






  (i) | Operator proficiency checks — by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or, if the check is conducted in a STD, a TRE, CRE or a Synthetic Flight Examiner (SFE), trained in CRM concepts and the assessment of CFM skills; |
| --- | --- | --- |

(4)

Recurrent checking is conducted by the following personnel:

(i)

Operator proficiency checks — by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or, if the check is conducted in a STD, a TRE, CRE or a Synthetic Flight Examiner (SFE), trained in CRM concepts and the assessment of CFM skills;

| (ii) | Line checks — by suitably qualified commanders nominated by the operator and acceptable to the Authority; |
| --- | --- |

(ii)

Line checks — by suitably qualified commanders nominated by the operator and acceptable to the Authority;

| (iii) | Emergency and safety equipment checking — by suitably qualified personnel. |
| --- | --- |

(iii)

Emergency and safety equipment checking — by suitably qualified personnel.

| (b) | Operator Proficiency Check






  (1) | An operator shall ensure that:






  (i) | Each flight crew member undergoes operator proficiency checks to demonstrate his/her competence in carrying out normal, abnormal and emergency procedures; and |
| --- | --- | --- | --- |

(b)

Operator Proficiency Check

(1)

An operator shall ensure that:

(i)

Each flight crew member undergoes operator proficiency checks to demonstrate his/her competence in carrying out normal, abnormal and emergency procedures; and

| (ii) | The check is conducted without external visual reference when the flight crew member will be required to operate under IFR; |
| --- | --- |

(ii)

The check is conducted without external visual reference when the flight crew member will be required to operate under IFR;

| (iii) | Each flight crew member undergoes operator proficiency checks as part of a normal flight crew complement. |
| --- | --- |

(iii)

Each flight crew member undergoes operator proficiency checks as part of a normal flight crew complement.

| (2) | The period of validity of an operator proficiency check shall be 6 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous operator proficiency check, the period of validity shall extend from the date of issue until 6 calendar months from the expiry date of that previous operator proficiency check. |
| --- | --- |

(2)

The period of validity of an operator proficiency check shall be 6 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous operator proficiency check, the period of validity shall extend from the date of issue until 6 calendar months from the expiry date of that previous operator proficiency check.

| (c) | Line Check.
  An operator shall ensure that each flight crew member undergoes a line check on the aeroplane to demonstrate his/her competence in carrying out normal line operations described in the Operations Manual. The period of validity of a line check shall be 12 calendar months, in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous line check the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous line check. |
| --- | --- |

(c)

Line Check.

An operator shall ensure that each flight crew member undergoes a line check on the aeroplane to demonstrate his/her competence in carrying out normal line operations described in the Operations Manual. The period of validity of a line check shall be 12 calendar months, in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous line check the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous line check.

| (d) | Emergency and Safety Equipment training and checking.
  An operator shall ensure that each flight crew member undergoes training and checking on the location and use of all emergency and safety equipment carried. The period of validity of an emergency and safety equipment check shall be 12 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous emergency and safety check, the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous emergency and safety equipment check. |
| --- | --- |

(d)

Emergency and Safety Equipment training and checking.

An operator shall ensure that each flight crew member undergoes training and checking on the location and use of all emergency and safety equipment carried. The period of validity of an emergency and safety equipment check shall be 12 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous emergency and safety check, the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous emergency and safety equipment check.

| (e) | CRM.
  An operator shall ensure that:






  (1) | Elements of CRM are integrated into all appropriate phases of the recurrent training, and; |
| --- | --- | --- |

(e)

CRM.

An operator shall ensure that:

(1)

Elements of CRM are integrated into all appropriate phases of the recurrent training, and;

| (2) | Each flight crew member undergoes specific modular CRM training. All major topics of CRM training shall be covered over a period not exceeding 3 years; |
| --- | --- |

(2)

Each flight crew member undergoes specific modular CRM training. All major topics of CRM training shall be covered over a period not exceeding 3 years;

| (f) | Ground and Refresher training.
  An operator shall ensure that each flight crew member undergoes ground and refresher training at least every 12 calendar months. If the training is conducted within 3 calendar months prior to the expiry of the 12 calendar months period, the next ground and refresher training must be completed within 12 calendar months of the original expiry date of the previous ground and refresher training. |
| --- | --- |

(f)

Ground and Refresher training.

An operator shall ensure that each flight crew member undergoes ground and refresher training at least every 12 calendar months. If the training is conducted within 3 calendar months prior to the expiry of the 12 calendar months period, the next ground and refresher training must be completed within 12 calendar months of the original expiry date of the previous ground and refresher training.

| (g) | Aeroplane/STD training.
  An operator shall ensure that each flight crew member undergoes aeroplane/STD training at least every 12 calendar months. If the training is conducted within 3 calendar months prior to the expiry of the 12 calendar months period, the next aeroplane STD training must be completed within 12 calendar months of the original expiry date of the previous aeroplane/STD training. |
| --- | --- |

(g)

Aeroplane/STD training.

An operator shall ensure that each flight crew member undergoes aeroplane/STD training at least every 12 calendar months. If the training is conducted within 3 calendar months prior to the expiry of the 12 calendar months period, the next aeroplane STD training must be completed within 12 calendar months of the original expiry date of the previous aeroplane/STD training.

OPS 1.968

Pilot qualification to operate in either pilot's seat

(See Appendix 1 to OPS 1.968)

| (a) | An operator shall ensure that:






  (1) | A pilot who may be assigned to operate in either pilot's seat completes appropriate training and checking; and |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

A pilot who may be assigned to operate in either pilot's seat completes appropriate training and checking; and

| (2) | The training and checking programme is specified in the Operations Manual and is acceptable to the Authority. |
| --- | --- |

(2)

The training and checking programme is specified in the Operations Manual and is acceptable to the Authority.

OPS 1.970

Recent experience

| (a) | An operator shall ensure that:






  (1) | A pilot is not assigned to operate an aeroplane as part of the minimum certificated crew, either as pilot flying or pilot non-flying unless he/she has carried out three take-offs and three landings in the previous 90 days as pilot flying in an aeroplane, or in a flight simulator of the same type/class. |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

A pilot is not assigned to operate an aeroplane as part of the minimum certificated crew, either as pilot flying or pilot non-flying unless he/she has carried out three take-offs and three landings in the previous 90 days as pilot flying in an aeroplane, or in a flight simulator of the same type/class.

| (2) | A pilot who does not hold a valid instrument rating is not assigned to operate an aeroplane at night as commander unless he/she has carried out at least one landing at night in the preceding 90 days as pilot flying in an aeroplane, or in a flight simulator, of the same type/class. |
| --- | --- |

(2)

A pilot who does not hold a valid instrument rating is not assigned to operate an aeroplane at night as commander unless he/she has carried out at least one landing at night in the preceding 90 days as pilot flying in an aeroplane, or in a flight simulator, of the same type/class.

| (b) | The 90-day period prescribed in sub-paragraphs (a)(1) and (2) above may be extended up to a maximum of 120 days by line flying under the supervision of a Type Rating Instructor or Examiner. For periods beyond 120 days, the recency requirement is satisfied by a training flight or use of a Flight Simulator or the aeroplane type to be used. |
| --- | --- |

(b)

The 90-day period prescribed in sub-paragraphs (a)(1) and (2) above may be extended up to a maximum of 120 days by line flying under the supervision of a Type Rating Instructor or Examiner. For periods beyond 120 days, the recency requirement is satisfied by a training flight or use of a Flight Simulator or the aeroplane type to be used.

OPS 1.975

Route and Aerodrome Competence Qualification

| (a) | An operator shall ensure that, prior to being assigned as commander or as pilot to whom the conduct of the flight may be delegated by the commander, the pilot has obtained adequate knowledge of the route to be flown and of the aerodromes (including alternates), facilities and procedures to be used. |
| --- | --- |

(a)

An operator shall ensure that, prior to being assigned as commander or as pilot to whom the conduct of the flight may be delegated by the commander, the pilot has obtained adequate knowledge of the route to be flown and of the aerodromes (including alternates), facilities and procedures to be used.

| (b) | The period of validity of the route and aerodrome competence qualification shall be 12 calendar months in addition to the remainder of:






  (1) | The month of qualification; or |
| --- | --- | --- |

(b)

The period of validity of the route and aerodrome competence qualification shall be 12 calendar months in addition to the remainder of:

(1)

The month of qualification; or

| (2) | The month of the latest operation on the route or to the aerodrome. |
| --- | --- |

(2)

The month of the latest operation on the route or to the aerodrome.

| (c) | Route and aerodrome competence qualification shall be revalidated by operating on the route or to the aerodrome within the period of validity prescribed in sub-paragraph (b) above. |
| --- | --- |

(c)

Route and aerodrome competence qualification shall be revalidated by operating on the route or to the aerodrome within the period of validity prescribed in sub-paragraph (b) above.

| (d) | If revalidated within the final 3 calendar months of the validity of the previous route and aerodrome competence qualification, the period of validity shall extend from the date of revalidation until 12 calendar months from the expiry date of that previous route and aerodrome competence qualification. |
| --- | --- |

(d)

If revalidated within the final 3 calendar months of the validity of the previous route and aerodrome competence qualification, the period of validity shall extend from the date of revalidation until 12 calendar months from the expiry date of that previous route and aerodrome competence qualification.

OPS 1.978

Advanced Qualification Programme

| (a) | The periods of validity of OPS 1.965 and 1.970 may be extended, where the Authority has approved an Advanced Qualification Programme established by the operator. |
| --- | --- |

(a)

The periods of validity of OPS 1.965 and 1.970 may be extended, where the Authority has approved an Advanced Qualification Programme established by the operator.

| (b) | The Advanced Qualification Programme must contain training and checking which establishes and maintains a proficiency that is not less than the provisions prescribed in OPS 1.945, 1.965 and 1.970. |
| --- | --- |

(b)

The Advanced Qualification Programme must contain training and checking which establishes and maintains a proficiency that is not less than the provisions prescribed in OPS 1.945, 1.965 and 1.970.

OPS 1.980

Operation on more than one type or variant

(See Appendix 1 to OPS 1.980)

| (a) | An operator shall ensure that a flight crew member does not operate on more than one type or variant unless the flight crew member is competent to do so. |
| --- | --- |

(a)

An operator shall ensure that a flight crew member does not operate on more than one type or variant unless the flight crew member is competent to do so.

| (b) | When considering operations of more than one type or variant, an operator shall ensure that the differences and/or similarities of the aeroplanes concerned justify such operations, taking account of the following:






  (1) | The level of technology; |
| --- | --- | --- |

(b)

When considering operations of more than one type or variant, an operator shall ensure that the differences and/or similarities of the aeroplanes concerned justify such operations, taking account of the following:

(1)

The level of technology;

| (2) | Operational procedures; |
| --- | --- |

(2)

Operational procedures;

| (3) | Handling characteristics. |
| --- | --- |

(3)

Handling characteristics.

| (c) | An Operator shall ensure that a flight crew member operating more than one type or variant complies with all of the requirements prescribed in Subpart N for each type or variant unless the Authority has approved the use of credit(s) related to the training, checking and recent experience requirements. |
| --- | --- |

(c)

An Operator shall ensure that a flight crew member operating more than one type or variant complies with all of the requirements prescribed in Subpart N for each type or variant unless the Authority has approved the use of credit(s) related to the training, checking and recent experience requirements.

| (d) | An operator shall specify appropriate procedures and/or operational restrictions, approved by the Authority, in the Operations Manual, for any operation on more than one type or variant covering:






  (1) | The flight crew members' minimum experience level; |
| --- | --- | --- |

(d)

An operator shall specify appropriate procedures and/or operational restrictions, approved by the Authority, in the Operations Manual, for any operation on more than one type or variant covering:

(1)

The flight crew members' minimum experience level;

| (2) | The minimum experience level on one type or variant before beginning training for and operation of another type or variant; |
| --- | --- |

(2)

The minimum experience level on one type or variant before beginning training for and operation of another type or variant;

| (3) | The process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant; |
| --- | --- |

(3)

The process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant;

| (4) | All applicable recent experience requirements for each type or variant. |
| --- | --- |

(4)

All applicable recent experience requirements for each type or variant.

OPS 1.981

Operation of helicopter and aeroplane

| (a) | When a flight crew member operates both helicopters and aeroplanes:






  (1) | An operator shall ensure that operations of helicopter and aeroplane are limited to one type of each. |
| --- | --- | --- |

(a)

When a flight crew member operates both helicopters and aeroplanes:

(1)

An operator shall ensure that operations of helicopter and aeroplane are limited to one type of each.

| (2) | The operator shall specify appropriate procedures and/or operational restrictions, approved by the Authority, in the Operations Manual. |
| --- | --- |

(2)

The operator shall specify appropriate procedures and/or operational restrictions, approved by the Authority, in the Operations Manual.

OPS 1.985

Training Records

| (a) | An operator shall:






  (1) | Maintain records of all training, checking and qualification prescribed in OPS 1.945, 1.955, 1.965, 1.968 and 1.975 undertaken by a flight crew member; and |
| --- | --- | --- |

(a)

An operator shall:

(1)

Maintain records of all training, checking and qualification prescribed in OPS 1.945, 1.955, 1.965, 1.968 and 1.975 undertaken by a flight crew member; and

| (2) | Make the records of all conversion courses and recurrent training and checking available, on request, to the flight crew member concerned. |
| --- | --- |

(2)

Make the records of all conversion courses and recurrent training and checking available, on request, to the flight crew member concerned.

Appendix 1 to OPS 1.940

In-flight relief of flight crew members

| (a) | A flight crew member may be relieved in flight of his/her duties at the controls by another suitably qualified flight crew member. |
| --- | --- |

(a)

A flight crew member may be relieved in flight of his/her duties at the controls by another suitably qualified flight crew member.

| (b) | Relief of the Commander






  (1) | The commander may delegate conduct of the flight to:






  (i) | Another qualified commander; or |
| --- | --- | --- | --- |

(b)

Relief of the Commander

(1)

The commander may delegate conduct of the flight to:

(i)

Another qualified commander; or

| (ii) | For operations only above FL 200, a pilot qualified as detailed in sub-paragraph (c) below. |
| --- | --- |

(ii)

For operations only above FL 200, a pilot qualified as detailed in sub-paragraph (c) below.

| (c) | Minimum requirements for a pilot relieving the commander:






  (1) | Valid Airline Transport Pilot Licence; |
| --- | --- | --- |

(c)

Minimum requirements for a pilot relieving the commander:

(1)

Valid Airline Transport Pilot Licence;

| (2) | Conversion training and checking (including Type Rating training) as prescribed in OPS 1.945; |
| --- | --- |

(2)

Conversion training and checking (including Type Rating training) as prescribed in OPS 1.945;

| (3) | All recurrent training and checking as prescribed in OPS 1.965 and OPS 1.968; and |
| --- | --- |

(3)

All recurrent training and checking as prescribed in OPS 1.965 and OPS 1.968; and

| (4) | Route competence qualification as prescribed in OPS 1.975. |
| --- | --- |

(4)

Route competence qualification as prescribed in OPS 1.975.

| (d) | Relief of the co-pilot






  (1) | The co-pilot may be relieved by:






  (i) | Another suitably qualified pilot; or |
| --- | --- | --- | --- |

(d)

Relief of the co-pilot

(1)

The co-pilot may be relieved by:

(i)

Another suitably qualified pilot; or

| (ii) | A cruise relief co-pilot qualified as detailed in sub-paragraph (e) below. |
| --- | --- |

(ii)

A cruise relief co-pilot qualified as detailed in sub-paragraph (e) below.

| (e) | Minimum requirements for Cruise Relief Co-Pilot






  (1) | Valid Commercial Pilot Licence with Instrument Rating; |
| --- | --- | --- |

(e)

Minimum requirements for Cruise Relief Co-Pilot

(1)

Valid Commercial Pilot Licence with Instrument Rating;

| (2) | Conversion training and checking, including Type Rating training, as prescribed in OPS 1.945 except the requirement for take-off and landing training; |
| --- | --- |

(2)

Conversion training and checking, including Type Rating training, as prescribed in OPS 1.945 except the requirement for take-off and landing training;

| (3) | All recurrent training and checking as prescribed in OPS 1.965 except the requirement for take-off and landing training; and |
| --- | --- |

(3)

All recurrent training and checking as prescribed in OPS 1.965 except the requirement for take-off and landing training; and

| (4) | To operate in the role of co-pilot in the cruise only and not below FL 200. |
| --- | --- |

(4)

To operate in the role of co-pilot in the cruise only and not below FL 200.

| (5) | Recent experience as prescribed in OPS 1.970 is not required. The pilot shall, however, carry out flight simulator recency and refresher flying skill training at intervals not exceeding 90 days. This refresher training may be combined with the training prescribed in OPS 1.965. |
| --- | --- |

(5)

Recent experience as prescribed in OPS 1.970 is not required. The pilot shall, however, carry out flight simulator recency and refresher flying skill training at intervals not exceeding 90 days. This refresher training may be combined with the training prescribed in OPS 1.965.

| (f) | Relief of the system panel operator. A system panel operator may be relieved in flight by a crew member who holds a Flight Engineer's licence or by a flight crew member with a qualification acceptable to the Authority. |
| --- | --- |

(f)

Relief of the system panel operator. A system panel operator may be relieved in flight by a crew member who holds a Flight Engineer's licence or by a flight crew member with a qualification acceptable to the Authority.

Appendix 2 to OPS 1.940

Single pilot operations under IFR or at night

| (a) | Aeroplanes referred to in OPS 1.940(b)(2) may be operated by a single pilot under IFR or at night when the following requirements are satisfied:






  (1) | The operator shall include in the Operations Manual a pilot's conversion and recurrent training programme which includes the additional requirements for a single pilot operation; |
| --- | --- | --- |

(a)

Aeroplanes referred to in OPS 1.940(b)(2) may be operated by a single pilot under IFR or at night when the following requirements are satisfied:

(1)

The operator shall include in the Operations Manual a pilot's conversion and recurrent training programme which includes the additional requirements for a single pilot operation;

| (2) | In particular, the cockpit procedures must include:






  (i) | Engine management and emergency handling; |
| --- | --- | --- |

(2)

In particular, the cockpit procedures must include:

(i)

Engine management and emergency handling;

| (ii) | Use of normal, abnormal and emergency checklist; |
| --- | --- |

(ii)

Use of normal, abnormal and emergency checklist;

| (iii) | ATC communication; |
| --- | --- |

(iii)

ATC communication;

| (iv) | Departure and approach procedures; |
| --- | --- |

(iv)

Departure and approach procedures;

| (v) | Autopilot management; and |
| --- | --- |

(v)

Autopilot management; and

| (vi) | Use of simplified in-flight documentation; |
| --- | --- |

(vi)

Use of simplified in-flight documentation;

| (3) | The recurrent checks required by OPS 1.965 shall be performed in the single-pilot role on the type or class of aeroplane in an environment representative of the operation; |
| --- | --- |

(3)

The recurrent checks required by OPS 1.965 shall be performed in the single-pilot role on the type or class of aeroplane in an environment representative of the operation;

| (4) | The pilot shall have a minimum of 50 hours flight time on the specific type or class of aeroplane under IFR of which 10 hours is as commander; and |
| --- | --- |

(4)

The pilot shall have a minimum of 50 hours flight time on the specific type or class of aeroplane under IFR of which 10 hours is as commander; and

| (5) | The minimum required recent experience for a pilot engaged in a single-pilot operation under IFR or at night shall be 5 IFR flights, including 3 instrument approaches, carried out during the preceding 90 days on the type or class of aeroplane in the single-pilot role. This requirement may be replaced by an IFR instrument approach check on the type or class of aeroplane. |
| --- | --- |

(5)

The minimum required recent experience for a pilot engaged in a single-pilot operation under IFR or at night shall be 5 IFR flights, including 3 instrument approaches, carried out during the preceding 90 days on the type or class of aeroplane in the single-pilot role. This requirement may be replaced by an IFR instrument approach check on the type or class of aeroplane.

Appendix 1 to OPS 1.945

Operator's Conversion Course

| (a) | An operator's conversion course shall include:






  (1) | Ground training and checking including aeroplane systems, normal, abnormal and emergency procedures; |
| --- | --- | --- |

(a)

An operator's conversion course shall include:

(1)

Ground training and checking including aeroplane systems, normal, abnormal and emergency procedures;

| (2) | Emergency and safety equipment training and checking which must be completed before aeroplane training commences; |
| --- | --- |

(2)

Emergency and safety equipment training and checking which must be completed before aeroplane training commences;

| (3) | Aeroplane/flight simulator training and checking; and |
| --- | --- |

(3)

Aeroplane/flight simulator training and checking; and

| (4) | Line flying under supervision and line check. |
| --- | --- |

(4)

Line flying under supervision and line check.

| (b) | The conversion course shall be conducted in the order set out in sub-paragraph (a) above. |
| --- | --- |

(b)

The conversion course shall be conducted in the order set out in sub-paragraph (a) above.

| (c) | Following completion of a Zero Flight Time Conversion Course a pilot shall:






  (1) | Commence line flying under supervision within 15 days; and |
| --- | --- | --- |

(c)

Following completion of a Zero Flight Time Conversion Course a pilot shall:

(1)

Commence line flying under supervision within 15 days; and

| (2) | Conduct his/her initial four take-offs and landings in the aeroplane under supervision of a TRI (A) occupying a pilot's seat. |
| --- | --- |

(2)

Conduct his/her initial four take-offs and landings in the aeroplane under supervision of a TRI (A) occupying a pilot's seat.

| (d) | Elements of Crew Resource Management shall be integrated into the conversion course, and conducted by suitably qualified personnel. |
| --- | --- |

(d)

Elements of Crew Resource Management shall be integrated into the conversion course, and conducted by suitably qualified personnel.

| (e) | When a flight crew member has not previously completed an operator's conversion course, the operator shall ensure that in addition to sub-paragraph (a) above, the flight crew member undergoes general first aid training and, if applicable, ditching procedures training using the equipment in water. |
| --- | --- |

(e)

When a flight crew member has not previously completed an operator's conversion course, the operator shall ensure that in addition to sub-paragraph (a) above, the flight crew member undergoes general first aid training and, if applicable, ditching procedures training using the equipment in water.

Appendix 1 to OPS 1.965

Recurrent training and checking — Pilots

| (a) | Recurrent Training. Recurrent training shall comprise:






  (1) | Ground and refresher training;






  (i) | The ground and refresher training programme shall include:






  (A) | Aeroplane systems; |
| --- | --- | --- | --- | --- |

(a)

Recurrent Training. Recurrent training shall comprise:

(1)

Ground and refresher training;

(i)

The ground and refresher training programme shall include:

(A)

Aeroplane systems;

| (B) | Operational procedures and requirements including ground de-/anti-icing and pilot incapacitation; and |
| --- | --- |

(B)

Operational procedures and requirements including ground de-/anti-icing and pilot incapacitation; and

| (C) | Accident/Incident and occurrence review. |
| --- | --- |

(C)

Accident/Incident and occurrence review.

| (ii) | Knowledge of the ground and refresher training shall be verified by a questionnaire or other suitable methods. |
| --- | --- |

(ii)

Knowledge of the ground and refresher training shall be verified by a questionnaire or other suitable methods.

| (2) | Aeroplane/STD training;






  (i) | The aeroplane/STD training programme shall be established such that all major failures of aeroplane systems and associated procedures will have been covered in the preceding 3-year period. |
| --- | --- | --- |

(2)

Aeroplane/STD training;

(i)

The aeroplane/STD training programme shall be established such that all major failures of aeroplane systems and associated procedures will have been covered in the preceding 3-year period.

| (ii) | When engine-out manoeuvres are carried out in an aeroplane, the engine failure shall be simulated. |
| --- | --- |

(ii)

When engine-out manoeuvres are carried out in an aeroplane, the engine failure shall be simulated.

| (iii) | Aeroplane/STD training may be combined with the operator proficiency check. |
| --- | --- |

(iii)

Aeroplane/STD training may be combined with the operator proficiency check.

| (3) | Emergency and Safety Equipment Training;






  (i) | The emergency and safety equipment training programme may be combined with emergency and safety equipment checking and shall be conducted in an aeroplane or a suitable alternative training device. |
| --- | --- | --- |

(3)

Emergency and Safety Equipment Training;

(i)

The emergency and safety equipment training programme may be combined with emergency and safety equipment checking and shall be conducted in an aeroplane or a suitable alternative training device.

| (ii) | Every year the emergency and safety equipment training programme must include the following:






  (A) | Actual donning of a lifejacket where fitted; |
| --- | --- | --- |

(ii)

Every year the emergency and safety equipment training programme must include the following:

(A)

Actual donning of a lifejacket where fitted;

| (B) | Actual donning of protective breathing equipment where fitted; |
| --- | --- |

(B)

Actual donning of protective breathing equipment where fitted;

| (C) | Actual handling of fire extinguishers; |
| --- | --- |

(C)

Actual handling of fire extinguishers;

| (D) | Instruction on the location and use of all emergency and safety equipment carried on the aeroplane; |
| --- | --- |

(D)

Instruction on the location and use of all emergency and safety equipment carried on the aeroplane;

| (E) | Instruction on the location and use of all types of exits; and |
| --- | --- |

(E)

Instruction on the location and use of all types of exits; and

| (F) | Security procedures. |
| --- | --- |

(F)

Security procedures.

| (iii) | Every 3 years the programme of training must include the following:






  (A) | Actual operation of all types of exits; |
| --- | --- | --- |

(iii)

Every 3 years the programme of training must include the following:

(A)

Actual operation of all types of exits;

| (B) | Demonstration of the method used to operate a slide where fitted; |
| --- | --- |

(B)

Demonstration of the method used to operate a slide where fitted;

| (C) | Actual fire-fighting using equipment representative of that carried in the aeroplane on an actual or simulated fire except that, with Halon extinguishers, an alternative method acceptable to the Authority may be used; |
| --- | --- |

(C)

Actual fire-fighting using equipment representative of that carried in the aeroplane on an actual or simulated fire except that, with Halon extinguishers, an alternative method acceptable to the Authority may be used;

| (D) | The effects of smoke in an enclosed area and actual use of all relevant equipment in a simulated smoke-filled environment; |
| --- | --- |

(D)

The effects of smoke in an enclosed area and actual use of all relevant equipment in a simulated smoke-filled environment;

| (E) | Actual handling of pyrotechnics, real or simulated, where fitted; and |
| --- | --- |

(E)

Actual handling of pyrotechnics, real or simulated, where fitted; and

| (F) | Demonstration in the use of the life-raft(s) where fitted. |
| --- | --- |

(F)

Demonstration in the use of the life-raft(s) where fitted.

| (4) | Crew Resource Management training






  (i) | Elements of CRM shall be integrated into all appropriate phases of recurrent training; and |
| --- | --- | --- |

(4)

Crew Resource Management training

(i)

Elements of CRM shall be integrated into all appropriate phases of recurrent training; and

| (ii) | A specific modular CRM training programme shall be established such that all major topics of CRM training are covered over a period not exceeding 3 years, as follows:






  (A) | Human error and reliability, error chain, error prevention and detection; |
| --- | --- | --- |

(ii)

A specific modular CRM training programme shall be established such that all major topics of CRM training are covered over a period not exceeding 3 years, as follows:

(A)

Human error and reliability, error chain, error prevention and detection;

| (B) | Company safety culture, SOPs, organisational factors; |
| --- | --- |

(B)

Company safety culture, SOPs, organisational factors;

| (C) | Stress, stress management, fatigue and vigilance; |
| --- | --- |

(C)

Stress, stress management, fatigue and vigilance;

| (D) | Information acquisition and processing, situation awareness, workload management; |
| --- | --- |

(D)

Information acquisition and processing, situation awareness, workload management;

| (E) | Decision making; |
| --- | --- |

(E)

Decision making;

| (F) | Communication and coordination inside and outside the cockpit; |
| --- | --- |

(F)

Communication and coordination inside and outside the cockpit;

| (G) | Leadership and team behaviour, synergy; |
| --- | --- |

(G)

Leadership and team behaviour, synergy;

| (H) | Automation and philosophy of the use of Automation (if relevant to the type); |
| --- | --- |

(H)

Automation and philosophy of the use of Automation (if relevant to the type);

| (I) | Specific type-related differences; |
| --- | --- |

(I)

Specific type-related differences;

| (J) | Case based studies; |
| --- | --- |

(J)

Case based studies;

| (K) | Additional areas which warrant extra attention, as identified by the accident prevention and flight safety programme (see OPS 1.037). |
| --- | --- |

(K)

Additional areas which warrant extra attention, as identified by the accident prevention and flight safety programme (see OPS 1.037).

| (b) | Recurrent checking. Recurrent checking shall comprise:






  (1) | Operator proficiency checks;






  (i) | Where applicable, operator proficiency checks shall include the following manoeuvres:






  (A) | Rejected take-off when a flight simulator is available, otherwise touch drills only; |
| --- | --- | --- | --- | --- |

(b)

Recurrent checking. Recurrent checking shall comprise:

(1)

Operator proficiency checks;

(i)

Where applicable, operator proficiency checks shall include the following manoeuvres:

(A)

Rejected take-off when a flight simulator is available, otherwise touch drills only;

| (B) | Take-off with engine failure between V1 and V2 or as soon as safety considerations permit; |
| --- | --- |

(B)

Take-off with engine failure between V1 and V2 or as soon as safety considerations permit;

| (C) | Precision instrument approach to minima with, in the case of multi-engined aeroplanes, one engine inoperative; |
| --- | --- |

(C)

Precision instrument approach to minima with, in the case of multi-engined aeroplanes, one engine inoperative;

| (D) | Non-precision approach to minima; |
| --- | --- |

(D)

Non-precision approach to minima;

| (E) | Missed approach on instruments from minima with, in the case of multi-engined aeroplanes, one engine inoperative; and |
| --- | --- |

(E)

Missed approach on instruments from minima with, in the case of multi-engined aeroplanes, one engine inoperative; and

| (F) | Landing with one engine inoperative. For single-engined aeroplanes a practice forced landing is required. |
| --- | --- |

(F)

Landing with one engine inoperative. For single-engined aeroplanes a practice forced landing is required.

| (ii) | When engine out manoeuvres are carried out in an aeroplane, the engine failure must be simulated. |
| --- | --- |

(ii)

When engine out manoeuvres are carried out in an aeroplane, the engine failure must be simulated.

| (iii) | In addition to the checks prescribed in sub-paragraphs (i)(A) to (F) above, the requirements governing the issue of flight crew licences must be completed every 12 months and may be combined with the operator proficiency check. |
| --- | --- |

(iii)

In addition to the checks prescribed in sub-paragraphs (i)(A) to (F) above, the requirements governing the issue of flight crew licences must be completed every 12 months and may be combined with the operator proficiency check.

| (iv) | For a pilot operating VFR only, the checks prescribed in sub-paragraphs (i)(C) to (E) above may be omitted except for an approach and go-around in a multi-engine aeroplane with one engine inoperative. |
| --- | --- |

(iv)

For a pilot operating VFR only, the checks prescribed in sub-paragraphs (i)(C) to (E) above may be omitted except for an approach and go-around in a multi-engine aeroplane with one engine inoperative.

| (v) | Operator proficiency checks must be conducted by a Type Rating Examiner. |
| --- | --- |

(v)

Operator proficiency checks must be conducted by a Type Rating Examiner.

| (2) | Emergency and safety equipment checks. The items to be checked shall be those for which training has been carried out in accordance with sub-paragraph (a)(3) above. |
| --- | --- |

(2)

Emergency and safety equipment checks. The items to be checked shall be those for which training has been carried out in accordance with sub-paragraph (a)(3) above.

| (3) | Line checks;






  (i) | Line checks must establish the ability to perform satisfactorily a complete line operation including pre-flight and post-flight procedures and use of the equipment provided, as specified in the Operations Manual. |
| --- | --- | --- |

(3)

Line checks;

(i)

Line checks must establish the ability to perform satisfactorily a complete line operation including pre-flight and post-flight procedures and use of the equipment provided, as specified in the Operations Manual.

| (ii) | The flight crew must be assessed on their Crew Resource Management CRM skills in accordance with a methodology acceptable to the Authority and published in the Operations Manual. The purpose of such assessment is to:






  (A) | Provide feedback to the crew collectively and individually and serve to identify retraining; and |
| --- | --- | --- |

(ii)

The flight crew must be assessed on their Crew Resource Management CRM skills in accordance with a methodology acceptable to the Authority and published in the Operations Manual. The purpose of such assessment is to:

(A)

Provide feedback to the crew collectively and individually and serve to identify retraining; and

| (B) | Be used to improve the CRM training system. |
| --- | --- |

(B)

Be used to improve the CRM training system.

| (iii) | When pilots are assigned duties as pilot flying and pilot non-flying they must be checked in both functions. |
| --- | --- |

(iii)

When pilots are assigned duties as pilot flying and pilot non-flying they must be checked in both functions.

| (iv) | Line checks must be completed in an aeroplane. |
| --- | --- |

(iv)

Line checks must be completed in an aeroplane.

| (v) | Line checks must be conducted by commanders nominated by the operator and acceptable to the Authority. The person conducting the line check, who is described in OPS 1.965(a)(4)(ii), shall be trained in CRM concepts and the assessment of CRM skills and shall occupy an observer's seat where installed. In the case of long haul operations where additional operating flight crew are carried, the person may fulfil the function of a cruise relief pilot and shall not occupy either pilot's seat during take-off, departure, initial cruise, descent, approach and landing. His/her CRM assessments shall solely be based on observations made during the initial briefing, cabin briefing, cockpit briefing and those phases where he/she occupies the observer's seat. |
| --- | --- |

(v)

Line checks must be conducted by commanders nominated by the operator and acceptable to the Authority. The person conducting the line check, who is described in OPS 1.965(a)(4)(ii), shall be trained in CRM concepts and the assessment of CRM skills and shall occupy an observer's seat where installed. In the case of long haul operations where additional operating flight crew are carried, the person may fulfil the function of a cruise relief pilot and shall not occupy either pilot's seat during take-off, departure, initial cruise, descent, approach and landing. His/her CRM assessments shall solely be based on observations made during the initial briefing, cabin briefing, cockpit briefing and those phases where he/she occupies the observer's seat.

Appendix 2 to OPS 1.965

Recurrent training and checking — System Panel Operators

| (a) | The recurrent training and checking for System Panel Operators shall meet the requirements for pilots and any additional specific duties, omitting those items that do not apply to System Panel Operators. |
| --- | --- |

(a)

The recurrent training and checking for System Panel Operators shall meet the requirements for pilots and any additional specific duties, omitting those items that do not apply to System Panel Operators.

| (b) | Recurrent training and checking for System Panel Operators shall, whenever possible, take place concurrently with a pilot undergoing recurrent training and checking. |
| --- | --- |

(b)

Recurrent training and checking for System Panel Operators shall, whenever possible, take place concurrently with a pilot undergoing recurrent training and checking.

| (c) | A line check shall be conducted by a commander nominated by the operator and acceptable to the Authority or by a System Panel Operator Type Rating Instructor or Examiner. |
| --- | --- |

(c)

A line check shall be conducted by a commander nominated by the operator and acceptable to the Authority or by a System Panel Operator Type Rating Instructor or Examiner.

Appendix 1 to OPS 1.968

Pilot qualification to operate in either pilot's seat

| (a) | Commanders whose duties also require them to operate in the right-hand seat and carry out the duties of co-pilot, or commanders required to conduct training or examining duties from the right-hand seat, shall complete additional training and checking as specified in the Operations Manual, concurrent with the operator proficiency checks prescribed in OPS 1.965(b). This additional training must include at least the following:






  (1) | An engine failure during take-off; |
| --- | --- | --- |

(a)

Commanders whose duties also require them to operate in the right-hand seat and carry out the duties of co-pilot, or commanders required to conduct training or examining duties from the right-hand seat, shall complete additional training and checking as specified in the Operations Manual, concurrent with the operator proficiency checks prescribed in OPS 1.965(b). This additional training must include at least the following:

(1)

An engine failure during take-off;

| (2) | A one engine inoperative approach and go-around; and |
| --- | --- |

(2)

A one engine inoperative approach and go-around; and

| (3) | A one engine inoperative landing. |
| --- | --- |

(3)

A one engine inoperative landing.

| (b) | When engine-out manoeuvres are carried out in an aeroplane, the engine failure must be simulated. |
| --- | --- |

(b)

When engine-out manoeuvres are carried out in an aeroplane, the engine failure must be simulated.

| (c) | When operating in the right-hand seat, the checks required by OPS for operating in the left-hand seat must, in addition, be valid and current. |
| --- | --- |

(c)

When operating in the right-hand seat, the checks required by OPS for operating in the left-hand seat must, in addition, be valid and current.

| (d) | A pilot relieving the commander shall have demonstrated, concurrent with the operator proficiency checks prescribed in OPS 1.965(b), practice of drills and procedures, which would not, normally, be the relieving pilot's responsibility. Where the differences between left and right seats are not significant (for example because of use of autopilot) then practice may be conducted in either seat. |
| --- | --- |

(d)

A pilot relieving the commander shall have demonstrated, concurrent with the operator proficiency checks prescribed in OPS 1.965(b), practice of drills and procedures, which would not, normally, be the relieving pilot's responsibility. Where the differences between left and right seats are not significant (for example because of use of autopilot) then practice may be conducted in either seat.

| (e) | A pilot other than the commander occupying the left-hand seat shall demonstrate practice of drills and procedures, concurrent with the operator proficiency checks prescribed in OPS 1.965(b), which would otherwise have been the commander's responsibility acting as pilot non-flying. Where the differences between left and right seats are not significant (for example because of use of autopilot) then practice may be conducted in either seat. |
| --- | --- |

(e)

A pilot other than the commander occupying the left-hand seat shall demonstrate practice of drills and procedures, concurrent with the operator proficiency checks prescribed in OPS 1.965(b), which would otherwise have been the commander's responsibility acting as pilot non-flying. Where the differences between left and right seats are not significant (for example because of use of autopilot) then practice may be conducted in either seat.

Appendix 1 to OPS 1.980

Operation on more than one type or variant

| (a) | When a flight crew member operates more than one aeroplane class, type or variant listed according to applicable flight crew licensing requirements but not within a single licence endorsement, an operator must comply with the following:






  (1) | A flight crew member shall not operate more than:






  (i) | Three piston-engined aeroplane types or variants; or |
| --- | --- | --- | --- |

(a)

When a flight crew member operates more than one aeroplane class, type or variant listed according to applicable flight crew licensing requirements but not within a single licence endorsement, an operator must comply with the following:

(1)

A flight crew member shall not operate more than:

(i)

Three piston-engined aeroplane types or variants; or

| (ii) | Three turbo propeller aeroplane types or variants; or |
| --- | --- |

(ii)

Three turbo propeller aeroplane types or variants; or

| (iii) | One turbo-propeller aeroplane type or variant and one piston engined aeroplane type or variant; or. |
| --- | --- |

(iii)

One turbo-propeller aeroplane type or variant and one piston engined aeroplane type or variant; or.

| (vi) | One turbo-propeller aeroplane type or variant and any aeroplane within a particular class. |
| --- | --- |

(vi)

One turbo-propeller aeroplane type or variant and any aeroplane within a particular class.

| (2) | OPS 1.965 for each type or variant operated unless the operator has demonstrated specific procedures and/or operational restrictions, which are acceptable to the Authority. |
| --- | --- |

(2)

OPS 1.965 for each type or variant operated unless the operator has demonstrated specific procedures and/or operational restrictions, which are acceptable to the Authority.

| (b) | When a flight crew member operates more than one aeroplane type or variant within one or more licence endorsement as defined by Flight Crew Licensing (type — multi-pilot), an operator shall ensure that:






  (1) | The minimum flight crew complement specified in the Operations Manual is the same for each type or variant to be operated; |
| --- | --- | --- |

(b)

When a flight crew member operates more than one aeroplane type or variant within one or more licence endorsement as defined by Flight Crew Licensing (type — multi-pilot), an operator shall ensure that:

(1)

The minimum flight crew complement specified in the Operations Manual is the same for each type or variant to be operated;

| (2) | A flight crew member does not operate more than two aeroplane types or variants for which a separate licence endorsement is required; and |
| --- | --- |

(2)

A flight crew member does not operate more than two aeroplane types or variants for which a separate licence endorsement is required; and

| (3) | Only aeroplanes within one licence endorsement are flown in any one flight duty period unless the operator has established procedures to ensure adequate time for preparation. |
| --- | --- |

(3)

Only aeroplanes within one licence endorsement are flown in any one flight duty period unless the operator has established procedures to ensure adequate time for preparation.

Note: In cases where more than one licence endorsement is involved, see sub-paragraphs (c) and (d) below.

| (c) | When a flight crew member operates more than one aeroplane type or variant listed in Flight Crew Licensing (type single pilot and type multi pilot), but not within a single licence endorsement, an operator must comply with the following:






  (1) | Subparagraphs (b)(1), (b)(2) and (b)(3) above; |
| --- | --- | --- |

(c)

When a flight crew member operates more than one aeroplane type or variant listed in Flight Crew Licensing (type single pilot and type multi pilot), but not within a single licence endorsement, an operator must comply with the following:

(1)

Subparagraphs (b)(1), (b)(2) and (b)(3) above;

| (2) | Subparagraph (d) below. |
| --- | --- |

(2)

Subparagraph (d) below.

| (d) | When a flight crew member operates more than one aeroplane type or variant listed in Flight Crew Licensing (type — multi pilot), but not within a single licence endorsement, an operator must comply with the following:






  (1) | Subparagraphs (b)(1), (b)(2) and (b)(3) above; |
| --- | --- | --- |

(d)

When a flight crew member operates more than one aeroplane type or variant listed in Flight Crew Licensing (type — multi pilot), but not within a single licence endorsement, an operator must comply with the following:

(1)

Subparagraphs (b)(1), (b)(2) and (b)(3) above;

| (2) | Before exercising the privileges of 2 licence endorsements:






  (i) | Flight crew members must have completed two consecutive operator proficiency checks and must have 500 hours in the relevant crew position in commercial air transport operations with the same operator. |
| --- | --- | --- |

(2)

Before exercising the privileges of 2 licence endorsements:

(i)

Flight crew members must have completed two consecutive operator proficiency checks and must have 500 hours in the relevant crew position in commercial air transport operations with the same operator.

| (ii) | In the case of a pilot having experience with an operator and exercising the privileges of 2 licence endorsements, and then being promoted to command with the same operator on one of those types, the required minimum experience as commander is 6 months and 300 hours, and the pilot must have completed 2 consecutive operator proficiency checks before again being eligible to exercise 2 licence endorsements. |
| --- | --- |

(ii)

In the case of a pilot having experience with an operator and exercising the privileges of 2 licence endorsements, and then being promoted to command with the same operator on one of those types, the required minimum experience as commander is 6 months and 300 hours, and the pilot must have completed 2 consecutive operator proficiency checks before again being eligible to exercise 2 licence endorsements.

| (3) | Before commencing training for and operation of another type or variant, flight crew members must have completed 3 months and 150 hours flying on the base aeroplane, and this must include at least one proficiency check. |
| --- | --- |

(3)

Before commencing training for and operation of another type or variant, flight crew members must have completed 3 months and 150 hours flying on the base aeroplane, and this must include at least one proficiency check.

| (4) | After completion of the initial line check on the new type, 50 hours flying or 20 sectors must be achieved solely on aeroplanes of the new type rating. |
| --- | --- |

(4)

After completion of the initial line check on the new type, 50 hours flying or 20 sectors must be achieved solely on aeroplanes of the new type rating.

| (5) | OPS 1.970 for each type operated unless credits have been allowed by the Authority in accordance with sub-paragraph (7) below. |
| --- | --- |

(5)

OPS 1.970 for each type operated unless credits have been allowed by the Authority in accordance with sub-paragraph (7) below.

| (6) | The period within which line flying experience is required on each type must be specified in the Operations Manual. |
| --- | --- |

(6)

The period within which line flying experience is required on each type must be specified in the Operations Manual.

| (7) | Where credits are sought to reduce the training and checking and recent experience requirements between aeroplane types, the operator must demonstrate to the Authority which items need not be repeated on each type or variant because of similarities






  (i) | OPS 1.965(b) requires two operator proficiency checks every year. When credit is given in accordance with sub paragraph (7) above for operator proficiency checks to alternate between the two types, each operator proficiency check revalidates the operator proficiency check for the other type. Provided that the period between Licence proficiency checks does not exceed that prescribed in the applicable regulation in the field of Flight Crew Licensing for each type, the relevant requirements on Flight Crew Licensing will be satisfied. In addition relevant and approved recurrent training must be specified in the Operations Manual. |
| --- | --- | --- |

(7)

Where credits are sought to reduce the training and checking and recent experience requirements between aeroplane types, the operator must demonstrate to the Authority which items need not be repeated on each type or variant because of similarities

(i)

OPS 1.965(b) requires two operator proficiency checks every year. When credit is given in accordance with sub paragraph (7) above for operator proficiency checks to alternate between the two types, each operator proficiency check revalidates the operator proficiency check for the other type. Provided that the period between Licence proficiency checks does not exceed that prescribed in the applicable regulation in the field of Flight Crew Licensing for each type, the relevant requirements on Flight Crew Licensing will be satisfied. In addition relevant and approved recurrent training must be specified in the Operations Manual.

| (ii) | OPS 1.965(c) requires one line check every year. When credit is given in accordance with sub-paragraph (7) above for line checks to alternate between types or variants, each line check revalidates the line check for the other type or variant. |
| --- | --- |

(ii)

OPS 1.965(c) requires one line check every year. When credit is given in accordance with sub-paragraph (7) above for line checks to alternate between types or variants, each line check revalidates the line check for the other type or variant.

| (iii) | Annual emergency and safety equipment training and checking must cover all requirements for each type. |
| --- | --- |

(iii)

Annual emergency and safety equipment training and checking must cover all requirements for each type.

| (8) | OPS 1.965 for each type or variant operated unless credits have been allowed by the Authority in accordance with sub-paragraph (7) above. |
| --- | --- |

(8)

OPS 1.965 for each type or variant operated unless credits have been allowed by the Authority in accordance with sub-paragraph (7) above.

| (e) | When a flight crew member operates combinations of aeroplane types or variants as defined in Flight Crew Licensing (class — single pilot and type — multi pilot) an operator must demonstrate that specific procedures and/or operational restrictions are approved in accordance with OPS 1.980(d). |
| --- | --- |

(e)

When a flight crew member operates combinations of aeroplane types or variants as defined in Flight Crew Licensing (class — single pilot and type — multi pilot) an operator must demonstrate that specific procedures and/or operational restrictions are approved in accordance with OPS 1.980(d).

SUBPART O

CABIN CREW

OPS 1.988

Applicability

An operator shall ensure that all cabin crew members comply with the requirements of this Subpart and any other safety requirements applicable to cabin crew.

For the purpose of this Regulation, “cabin crew member” means any crew member, other than a flight crew member, who performs, in the interests of safety of passengers, duties assigned to him/her by the operator or the commander in the cabin of an aeroplane.

OPS 1.989

Identification

| (a) | An operator shall ensure that all cabin crew members wear the operator's cabin crew uniform and are clearly identifiable to the passengers as a cabin crew member. |
| --- | --- |

(a)

An operator shall ensure that all cabin crew members wear the operator's cabin crew uniform and are clearly identifiable to the passengers as a cabin crew member.

| (b) | Other personnel, such as medical staff, security staff, child minders, escorts, technical staff, entertainers, interpreters, who undertake tasks in the cabin, shall not wear a uniform which might identify them to passengers as a cabin crew member, unless they comply with the requirements of this Subpart and any other applicable requirements of this Regulation. |
| --- | --- |

(b)

Other personnel, such as medical staff, security staff, child minders, escorts, technical staff, entertainers, interpreters, who undertake tasks in the cabin, shall not wear a uniform which might identify them to passengers as a cabin crew member, unless they comply with the requirements of this Subpart and any other applicable requirements of this Regulation.

OPS 1.990

Number and composition of Cabin Crew

| (a) | An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 19, when carrying one or more passengers, unless at least one cabin crew member is included in the crew for the purpose of performing duties, specified in the Operations Manual, in the interests of the safety of passengers. |
| --- | --- |

(a)

An operator shall not operate an aeroplane with a maximum approved passenger seating configuration of more than 19, when carrying one or more passengers, unless at least one cabin crew member is included in the crew for the purpose of performing duties, specified in the Operations Manual, in the interests of the safety of passengers.

| (b) | When complying with sub-paragraph (a) above, an operator shall ensure that the minimum number of cabin crew is the greater of:






  (1) | One cabin crew member for every 50, or fraction of 50, passenger seats installed on the same deck of the aeroplane; or |
| --- | --- | --- |

(b)

When complying with sub-paragraph (a) above, an operator shall ensure that the minimum number of cabin crew is the greater of:

(1)

One cabin crew member for every 50, or fraction of 50, passenger seats installed on the same deck of the aeroplane; or

| (2) | The number of cabin crew who actively participated in the aeroplane cabin during the relevant emergency evacuation demonstration, or who were assumed to have taken part in the relevant analysis, except that, if the maximum approved passenger seating configuration is less than the number evacuated during the demonstration by at least 50 seats, the number of cabin crew may be reduced by 1 for every whole multiple of 50 seats by which the maximum approved passenger seating configuration falls below the certificated maximum capacity. |
| --- | --- |

(2)

The number of cabin crew who actively participated in the aeroplane cabin during the relevant emergency evacuation demonstration, or who were assumed to have taken part in the relevant analysis, except that, if the maximum approved passenger seating configuration is less than the number evacuated during the demonstration by at least 50 seats, the number of cabin crew may be reduced by 1 for every whole multiple of 50 seats by which the maximum approved passenger seating configuration falls below the certificated maximum capacity.

| (c) | The Authority may under exceptional circumstances require an operator to include in the crew additional cabin crew members. |
| --- | --- |

(c)

The Authority may under exceptional circumstances require an operator to include in the crew additional cabin crew members.

| (d) | In unforeseen circumstances the required minimum number of cabin crew may be reduced provided that:






  (1) | The number of passengers has been reduced in accordance with procedures specified in the Operations Manual; and |
| --- | --- | --- |

(d)

In unforeseen circumstances the required minimum number of cabin crew may be reduced provided that:

(1)

The number of passengers has been reduced in accordance with procedures specified in the Operations Manual; and

| (2) | A report is submitted to the Authority after completion of the flight. |
| --- | --- |

(2)

A report is submitted to the Authority after completion of the flight.

| (e) | An operator shall ensure that when engaging the services of cabin crew members who are self-employed and/or working on a freelance or part-time basis, the requirements of subpart O are complied with. In this respect, particular attention must be paid to the total number of aircraft types or variants that a cabin crew member may fly for the purposes of commercial air transportation, which must not exceed the requirements prescribed in OPS 1.1030, including when his/her services are engaged by another operator. |
| --- | --- |

(e)

An operator shall ensure that when engaging the services of cabin crew members who are self-employed and/or working on a freelance or part-time basis, the requirements of subpart O are complied with. In this respect, particular attention must be paid to the total number of aircraft types or variants that a cabin crew member may fly for the purposes of commercial air transportation, which must not exceed the requirements prescribed in OPS 1.1030, including when his/her services are engaged by another operator.

OPS 1.995

Minimum requirements

An operator shall ensure that each cabin crew member:

| (a) | is at least 18 years of age. |
| --- | --- |

(a)

is at least 18 years of age.

| (b) | has passed a medical examination or assessment at regular intervals as required by the Authority so as to check the medical fitness to discharge his/her duties. |
| --- | --- |

(b)

has passed a medical examination or assessment at regular intervals as required by the Authority so as to check the medical fitness to discharge his/her duties.

| (c) | has successfully completed initial training in accordance with OPS 1.1005 and holds an attestation of safety training. |
| --- | --- |

(c)

has successfully completed initial training in accordance with OPS 1.1005 and holds an attestation of safety training.

| (d) | has completed the appropriate conversion and/or differences training covering at least the subjects listed in OPS 1.1010. |
| --- | --- |

(d)

has completed the appropriate conversion and/or differences training covering at least the subjects listed in OPS 1.1010.

| (e) | shall undergo recurrent training in line with the provisions of OPS 1.1015. |
| --- | --- |

(e)

shall undergo recurrent training in line with the provisions of OPS 1.1015.

| (f) | is competent to perform his/her duties in accordance with procedures specified in the Operations Manual. |
| --- | --- |

(f)

is competent to perform his/her duties in accordance with procedures specified in the Operations Manual.

OPS 1.1000

Senior cabin crew members

| (a) | An operator shall nominate a senior cabin crew member whenever more than one cabin crew member is assigned. For operations when more than one cabin crew member is assigned, but only one cabin crew member is required, the operator shall nominate one cabin crew member to be responsible to the commander. |
| --- | --- |

(a)

An operator shall nominate a senior cabin crew member whenever more than one cabin crew member is assigned. For operations when more than one cabin crew member is assigned, but only one cabin crew member is required, the operator shall nominate one cabin crew member to be responsible to the commander.

| (b) | The senior cabin crew member shall have responsibility to the commander for the conduct and coordination of normal and emergency procedure(s) specified in the Operations Manual. During turbulence, in the absence of any instructions from the flight crew, the senior cabin crew member shall be entitled to discontinue non-safety related duties and advise the flight crew of the level of turbulence being experienced and the need for the fasten seat belt signs to be switched on. This should be followed by the cabin crew securing the passenger cabin and other applicable areas. |
| --- | --- |

(b)

The senior cabin crew member shall have responsibility to the commander for the conduct and coordination of normal and emergency procedure(s) specified in the Operations Manual. During turbulence, in the absence of any instructions from the flight crew, the senior cabin crew member shall be entitled to discontinue non-safety related duties and advise the flight crew of the level of turbulence being experienced and the need for the fasten seat belt signs to be switched on. This should be followed by the cabin crew securing the passenger cabin and other applicable areas.

| (c) | Where required by OPS 1.990 to carry more than one cabin crew member, an operator shall not appoint a person to the post of senior cabin crew member unless that person has at least one year's experience as an operating cabin crew member and has completed an appropriate course covering the following as a minimum:






  (1) | Pre-flight briefing:






  (i) | operating as a crew, |
| --- | --- | --- | --- |

(c)

Where required by OPS 1.990 to carry more than one cabin crew member, an operator shall not appoint a person to the post of senior cabin crew member unless that person has at least one year's experience as an operating cabin crew member and has completed an appropriate course covering the following as a minimum:

(1)

Pre-flight briefing:

(i)

operating as a crew,

| (ii) | allocation of cabin crew stations and responsibilities, |
| --- | --- |

(ii)

allocation of cabin crew stations and responsibilities,

| (iii) | consideration of the particular flight, including aeroplane type, equipment, area and type of operation, and categories of passengers with particular attention to disabled, infants and stretcher cases, and |
| --- | --- |

(iii)

consideration of the particular flight, including aeroplane type, equipment, area and type of operation, and categories of passengers with particular attention to disabled, infants and stretcher cases, and

| (2) | Cooperation within the crew:






  (i) | discipline, responsibilities and chain of command, |
| --- | --- | --- |

(2)

Cooperation within the crew:

(i)

discipline, responsibilities and chain of command,

| (ii) | importance of coordination and communication, |
| --- | --- |

(ii)

importance of coordination and communication,

| (iii) | pilot incapacitation, and |
| --- | --- |

(iii)

pilot incapacitation, and

| (3) | Review of operator's requirements and legal requirements:






  (i) | passenger safety briefing, safety cards, |
| --- | --- | --- |

(3)

Review of operator's requirements and legal requirements:

(i)

passenger safety briefing, safety cards,

| (ii) | securing of galleys, |
| --- | --- |

(ii)

securing of galleys,

| (iii) | stowage of cabin baggage, |
| --- | --- |

(iii)

stowage of cabin baggage,

| (iv) | electronic equipment, |
| --- | --- |

(iv)

electronic equipment,

| (v) | procedures when fuelling with passengers on board, |
| --- | --- |

(v)

procedures when fuelling with passengers on board,

| (vi) | turbulence, |
| --- | --- |

(vi)

turbulence,

| (vii) | documentation, and |
| --- | --- |

(vii)

documentation, and

| (4) | Human factors and Crew Resource Management, and |
| --- | --- |

(4)

Human factors and Crew Resource Management, and

| (5) | Accident and incident reporting, and |
| --- | --- |

(5)

Accident and incident reporting, and

| (6) | Flight and duty time limitations and rest requirements. |
| --- | --- |

(6)

Flight and duty time limitations and rest requirements.

| (d) | An operator shall establish procedures to select the next most suitably qualified cabin crew member to operate as senior cabin crew member in the event of the nominated senior cabin crew member becoming unable to operate. Such procedures must be acceptable to the Authority and take account of a cabin crew member's operational experience. |
| --- | --- |

(d)

An operator shall establish procedures to select the next most suitably qualified cabin crew member to operate as senior cabin crew member in the event of the nominated senior cabin crew member becoming unable to operate. Such procedures must be acceptable to the Authority and take account of a cabin crew member's operational experience.

| (e) | CRM Training: The operator shall ensure that all relevant elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) are integrated into the training and covered to the level required by Column (f), Senior Cabin Crew Course. |
| --- | --- |

(e)

CRM Training: The operator shall ensure that all relevant elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) are integrated into the training and covered to the level required by Column (f), Senior Cabin Crew Course.

OPS 1.1002

Single cabin crew member operations

| (a) | An operator shall ensure that each cabin crew member who does not have previous comparable experience completes the following, before operating as a single cabin crew member:






  (1) | Training in addition to that required by OPS 1.1005 and OPS 1.1010 shall include particular emphasis on the following to reflect single cabin crew member operations:






  (i) | Responsibility to the commander for the conduct of cabin safety and emergency procedure(s) specified in the Operations Manual; |
| --- | --- | --- | --- |

(a)

An operator shall ensure that each cabin crew member who does not have previous comparable experience completes the following, before operating as a single cabin crew member:

(1)

Training in addition to that required by OPS 1.1005 and OPS 1.1010 shall include particular emphasis on the following to reflect single cabin crew member operations:

(i)

Responsibility to the commander for the conduct of cabin safety and emergency procedure(s) specified in the Operations Manual;

| (ii) | Importance of coordination and communication with the flight crew, management of unruly or disruptive passengers; |
| --- | --- |

(ii)

Importance of coordination and communication with the flight crew, management of unruly or disruptive passengers;

| (iii) | Review of operator's requirements and legal requirements; |
| --- | --- |

(iii)

Review of operator's requirements and legal requirements;

| (iv) | Documentation; |
| --- | --- |

(iv)

Documentation;

| (v) | Accident and incident reporting; |
| --- | --- |

(v)

Accident and incident reporting;

| (vi) | Flight and duty time limitations. |
| --- | --- |

(vi)

Flight and duty time limitations.

| (2) | Familiarisation flying of at least 20 hours and 15 sectors. Familiarisation flights shall be conducted under the supervision of a suitably experienced cabin crew member on the aeroplane type to be operated. |
| --- | --- |

(2)

Familiarisation flying of at least 20 hours and 15 sectors. Familiarisation flights shall be conducted under the supervision of a suitably experienced cabin crew member on the aeroplane type to be operated.

| (b) | An operator shall ensure, before a cabin crew member is assigned to operate as a single cabin crew member, that this cabin crew member is competent to perform his/her duties in accordance with the procedures specified in the Operations Manual. Suitability for single cabin crew operations shall be addressed in the criteria for cabin crew selection, recruitment, training and assessment of competence. |
| --- | --- |

(b)

An operator shall ensure, before a cabin crew member is assigned to operate as a single cabin crew member, that this cabin crew member is competent to perform his/her duties in accordance with the procedures specified in the Operations Manual. Suitability for single cabin crew operations shall be addressed in the criteria for cabin crew selection, recruitment, training and assessment of competence.

OPS 1.1005

Initial Safety Training

(See Appendix 1 to OPS 1.1005)

| (a) | An operator shall ensure that each cabin crew member has, before undertaking conversion training, successfully completed initial safety training covering at least the subjects listed in Appendix 1 to OPS 1.1005. |
| --- | --- |

(a)

An operator shall ensure that each cabin crew member has, before undertaking conversion training, successfully completed initial safety training covering at least the subjects listed in Appendix 1 to OPS 1.1005.

| (b) | Training courses shall, at the discretion of the Authority, and subject to its approval, be provided:
  either






  (1) | by the operator






  — | directly, or |
| --- | --- | --- | --- |

(b)

Training courses shall, at the discretion of the Authority, and subject to its approval, be provided:

either

(1)

by the operator

—

directly, or

| — | indirectly through a training organisation acting on behalf of the operator; or |
| --- | --- |

—

indirectly through a training organisation acting on behalf of the operator; or

| (2) | by an approved training organisation. |
| --- | --- |

(2)

by an approved training organisation.

| (c) | The programme and structure of the initial training courses shall be in accordance with the applicable requirements and shall be subject to prior approval of the Authority. |
| --- | --- |

(c)

The programme and structure of the initial training courses shall be in accordance with the applicable requirements and shall be subject to prior approval of the Authority.

| (d) | At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course, shall deliver an attestation of safety training to a cabin crew member after he/she has completed the initial safety training and successfully passed the check referred to in OPS 1.1025. |
| --- | --- |

(d)

At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course, shall deliver an attestation of safety training to a cabin crew member after he/she has completed the initial safety training and successfully passed the check referred to in OPS 1.1025.

| (e) | Where the Authority authorises an operator or an approved training organisation to deliver the attestation of safety training to a cabin crew member, such attestation shall clearly state a reference to the approval of the Authority. |
| --- | --- |

(e)

Where the Authority authorises an operator or an approved training organisation to deliver the attestation of safety training to a cabin crew member, such attestation shall clearly state a reference to the approval of the Authority.

OPS 1.1010

Conversion and Differences training

(See Appendix 1 to OPS 1.1010)

| (a) | An operator shall ensure that each cabin crew member has completed appropriate conversion and differences training, in accordance with the applicable rules and at least the subjects listed in Appendix 1 to OPS 1.1010. The training course shall be specified in the Operations Manual. The programme and structure of the training course shall be subject to prior approval by the Authority.






  (1) | Conversion training: A conversion course must be completed before being:






  (i) | First assigned by the operator to operate as a cabin crew member; or |
| --- | --- | --- | --- |

(a)

An operator shall ensure that each cabin crew member has completed appropriate conversion and differences training, in accordance with the applicable rules and at least the subjects listed in Appendix 1 to OPS 1.1010. The training course shall be specified in the Operations Manual. The programme and structure of the training course shall be subject to prior approval by the Authority.

(1)

Conversion training: A conversion course must be completed before being:

(i)

First assigned by the operator to operate as a cabin crew member; or

| (ii) | Assigned to operate another aeroplane type; and |
| --- | --- |

(ii)

Assigned to operate another aeroplane type; and

| (2) | Differences training: Differences training must be completed before operating:






  (i) | On a variant of an aeroplane type currently operated; or |
| --- | --- | --- |

(2)

Differences training: Differences training must be completed before operating:

(i)

On a variant of an aeroplane type currently operated; or

| (ii) | With different safety equipment, safety equipment location, or normal and emergency safety procedures on currently operated aeroplane types or variants. |
| --- | --- |

(ii)

With different safety equipment, safety equipment location, or normal and emergency safety procedures on currently operated aeroplane types or variants.

| (b) | An operator shall determine the content of the conversion and differences training taking account of the cabin crew member's previous training as recorded in the cabin crew member's training records required by OPS 1.1035. |
| --- | --- |

(b)

An operator shall determine the content of the conversion and differences training taking account of the cabin crew member's previous training as recorded in the cabin crew member's training records required by OPS 1.1035.

| (c) | Without prejudice to OPS 1.995 (c), related elements of both initial training (OPS 1.1005) and conversion and differences training (OPS 1.1010) may be combined. |
| --- | --- |

(c)

Without prejudice to OPS 1.995 (c), related elements of both initial training (OPS 1.1005) and conversion and differences training (OPS 1.1010) may be combined.

| (d) | An operator shall ensure that:






  (1) | Conversion training is conducted in a structured and realistic manner, in accordance with Appendix 1 to OPS 1.1010; |
| --- | --- | --- |

(d)

An operator shall ensure that:

(1)

Conversion training is conducted in a structured and realistic manner, in accordance with Appendix 1 to OPS 1.1010;

| (2) | Differences training is conducted in a structured manner; and |
| --- | --- |

(2)

Differences training is conducted in a structured manner; and

| (3) | Conversion training, and if necessary differences training, includes the use of all safety equipment and all normal and emergency procedures applicable to the type or variant of aeroplane and involves training and practice on either a representative training device or on the actual aeroplane. |
| --- | --- |

(3)

Conversion training, and if necessary differences training, includes the use of all safety equipment and all normal and emergency procedures applicable to the type or variant of aeroplane and involves training and practice on either a representative training device or on the actual aeroplane.

| (e) | An operator shall ensure that each cabin crew member before being first assigned to duties completes the Operator's CRM Training and Aeroplane Type Specific CRM, in accordance with Appendix 1 to OPS 1.1010 (j). Cabin crew who are already operating as cabin crew members with an operator, and who have not previously completed the Operator's CRM Training, shall complete this training by the time of the next required recurrent training and checking in accordance with Appendix 1 to OPS 1.1010 (j), including Aeroplane Type Specific CRM, as relevant. |
| --- | --- |

(e)

An operator shall ensure that each cabin crew member before being first assigned to duties completes the Operator's CRM Training and Aeroplane Type Specific CRM, in accordance with Appendix 1 to OPS 1.1010 (j). Cabin crew who are already operating as cabin crew members with an operator, and who have not previously completed the Operator's CRM Training, shall complete this training by the time of the next required recurrent training and checking in accordance with Appendix 1 to OPS 1.1010 (j), including Aeroplane Type Specific CRM, as relevant.

OPS 1.1012

Familiarisation

An operator shall ensure that, following completion of conversion training, each cabin crew member completes familiarisation prior to operating as one of the minimum number of cabin crew required by OPS 1.990.

OPS 1.1015

Recurrent training

(See Appendix 1 to OPS 1.1015)

| (a) | An operator shall ensure that each cabin crew member undergoes recurrent training, covering the actions assigned to each crew member in normal and emergency procedures and drills relevant to the type(s) and/or variant(s) of aeroplane on which they operate in accordance with Appendix 1 to OPS 1.1015. |
| --- | --- |

(a)

An operator shall ensure that each cabin crew member undergoes recurrent training, covering the actions assigned to each crew member in normal and emergency procedures and drills relevant to the type(s) and/or variant(s) of aeroplane on which they operate in accordance with Appendix 1 to OPS 1.1015.

| (b) | An operator shall ensure that the recurrent training programme approved by the Authority includes theoretical and practical instruction, together with individual practice, as prescribed in Appendix 1 to OPS 1.1015. |
| --- | --- |

(b)

An operator shall ensure that the recurrent training programme approved by the Authority includes theoretical and practical instruction, together with individual practice, as prescribed in Appendix 1 to OPS 1.1015.

| (c) | The period of validity of recurrent training and the associated checking required by OPS 1.1025 shall be 12 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous check, the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous check. |
| --- | --- |

(c)

The period of validity of recurrent training and the associated checking required by OPS 1.1025 shall be 12 calendar months in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous check, the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous check.

OPS 1.1020

Refresher Training

(See Appendix 1 to OPS 1.1020)

| (a) | An operator shall ensure that each cabin crew member who has been absent from all flying duties for more than 6 months and still remains within the period of the previous check required by OPS 1.1025 (b)(3) completes refresher training specified in the Operations Manual as prescribed in Appendix 1 to OPS 1.1020. |
| --- | --- |

(a)

An operator shall ensure that each cabin crew member who has been absent from all flying duties for more than 6 months and still remains within the period of the previous check required by OPS 1.1025 (b)(3) completes refresher training specified in the Operations Manual as prescribed in Appendix 1 to OPS 1.1020.

| (b) | An operator shall ensure that when a cabin crew member has not been absent from all flying duties, but has not, during the preceding 6 months, undertaken duties on a type of aeroplane as a cabin crew member required by OPS 1.990 (b), before undertaking such duties on that type, the cabin crew member either:






  (1) | Completes refresher training on the type; or |
| --- | --- | --- |

(b)

An operator shall ensure that when a cabin crew member has not been absent from all flying duties, but has not, during the preceding 6 months, undertaken duties on a type of aeroplane as a cabin crew member required by OPS 1.990 (b), before undertaking such duties on that type, the cabin crew member either:

(1)

Completes refresher training on the type; or

| (2) | Operates two re-familiarisation sectors during commercial operations on the type. |
| --- | --- |

(2)

Operates two re-familiarisation sectors during commercial operations on the type.

OPS 1.1025

Checking

| (a) | At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course shall ensure that during or following completion of the training required by OPS 1.1005, 1.1010, 1.1015 and 1.1020, each cabin crew member undergoes a check covering the training received in order to verify his/her proficiency in carrying out normal and emergency safety duties.
  At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course shall ensure that the personnel performing these checks shall be suitably qualified. |
| --- | --- |

(a)

At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course shall ensure that during or following completion of the training required by OPS 1.1005, 1.1010, 1.1015 and 1.1020, each cabin crew member undergoes a check covering the training received in order to verify his/her proficiency in carrying out normal and emergency safety duties.

At the discretion of the Authority, the Authority, the operator or the approved training organisation providing the training course shall ensure that the personnel performing these checks shall be suitably qualified.

| (b) | An operator shall ensure that each cabin crew member undergoes checks as follows:






  (1) | Initial safety training. The items listed in Appendix 1 to OPS 1.1005; |
| --- | --- | --- |

(b)

An operator shall ensure that each cabin crew member undergoes checks as follows:

(1)

Initial safety training. The items listed in Appendix 1 to OPS 1.1005;

| (2) | Conversion and Differences training. The items listed in Appendix 1 to OPS 1.1010; |
| --- | --- |

(2)

Conversion and Differences training. The items listed in Appendix 1 to OPS 1.1010;

| (3) | Recurrent training. The items listed in Appendix 1 to OPS 1.1015 as appropriate; and |
| --- | --- |

(3)

Recurrent training. The items listed in Appendix 1 to OPS 1.1015 as appropriate; and

| (4) | Refresher training. The items listed in Appendix 1 to OPS 1.1020. |
| --- | --- |

(4)

Refresher training. The items listed in Appendix 1 to OPS 1.1020.

OPS 1.1030

Operation on more than one type or variant

| (a) | An operator shall ensure that each cabin crew member does not operate on more than three aeroplane types except that, with the approval of the Authority, the cabin crew member may operate on four aeroplane types, provided that for at least two of the types:






  (1) | Non-type specific normal and emergency procedures are identical; and |
| --- | --- | --- |

(a)

An operator shall ensure that each cabin crew member does not operate on more than three aeroplane types except that, with the approval of the Authority, the cabin crew member may operate on four aeroplane types, provided that for at least two of the types:

(1)

Non-type specific normal and emergency procedures are identical; and

| (2) | Safety equipment and type specific normal and emergency procedures are similar. |
| --- | --- |

(2)

Safety equipment and type specific normal and emergency procedures are similar.

| (b) | For the purposes of sub-paragraph (a) above, variants of an aeroplane type are considered to be different types if they are not similar in all the following aspects:






  (1) | Emergency exit operation; |
| --- | --- | --- |

(b)

For the purposes of sub-paragraph (a) above, variants of an aeroplane type are considered to be different types if they are not similar in all the following aspects:

(1)

Emergency exit operation;

| (2) | Location and type of portable safety equipment; and |
| --- | --- |

(2)

Location and type of portable safety equipment; and

| (3) | Type specific emergency procedures. |
| --- | --- |

(3)

Type specific emergency procedures.

OPS 1.1035

Training records

An operator shall:

| (1) | Maintain records of all training and checking required by OPS 1.1005, 1.1010, 1.1015, 1.1020 and 1.1025; and |
| --- | --- |

(1)

Maintain records of all training and checking required by OPS 1.1005, 1.1010, 1.1015, 1.1020 and 1.1025; and

| (2) | Keep a copy of the attestation of safety training; and |
| --- | --- |

(2)

Keep a copy of the attestation of safety training; and

| (3) | Keep the training records and records of medical examinations or assessments up to date, showing in the case of the training records the dates and contents of the conversion, differences and recurrent training received; and |
| --- | --- |

(3)

Keep the training records and records of medical examinations or assessments up to date, showing in the case of the training records the dates and contents of the conversion, differences and recurrent training received; and

| (4) | Make the records of all initial, conversion and recurrent training and checking available, on request, to the cabin crew member concerned. |
| --- | --- |

(4)

Make the records of all initial, conversion and recurrent training and checking available, on request, to the cabin crew member concerned.

Appendix 1 to OPS 1.1005

Initial Safety Training

The subjects that must be covered as a minimum by a course of initial safety training referred to in OPS 1.1005 are:

| (a) | Fire and smoke training:






  1. | emphasis on the responsibility of cabin crew to deal promptly with emergencies involving fire and smoke and, in particular, emphasis on the importance of identifying the actual source of the fire; |
| --- | --- | --- |

(a)

Fire and smoke training:

1.

emphasis on the responsibility of cabin crew to deal promptly with emergencies involving fire and smoke and, in particular, emphasis on the importance of identifying the actual source of the fire;

| 2. | the importance of informing the flight crew immediately, as well as the specific actions necessary for coordination and assistance, when fire or smoke is discovered; |
| --- | --- |

2.

the importance of informing the flight crew immediately, as well as the specific actions necessary for coordination and assistance, when fire or smoke is discovered;

| 3. | the necessity for frequent checking of potential fire-risk areas including toilets, and the associated smoke detectors; |
| --- | --- |

3.

the necessity for frequent checking of potential fire-risk areas including toilets, and the associated smoke detectors;

| 4. | the classification of fires and the appropriate type of extinguishing agents and procedures for particular fire situations, the techniques of application of extinguishing agents, the consequences of misapplication, and of use in a confined space; and |
| --- | --- |

4.

the classification of fires and the appropriate type of extinguishing agents and procedures for particular fire situations, the techniques of application of extinguishing agents, the consequences of misapplication, and of use in a confined space; and

| 5. | the general procedures of ground-based emergency services at aerodromes. |
| --- | --- |

5.

the general procedures of ground-based emergency services at aerodromes.

| (b) | Water survival training.
  The actual donning and use of personal flotation equipment in water. Before first operating on an aeroplane fitted with life-rafts or other similar equipment, training must be given on the use of this equipment, as well as actual practice in water. |
| --- | --- |

(b)

Water survival training.

The actual donning and use of personal flotation equipment in water. Before first operating on an aeroplane fitted with life-rafts or other similar equipment, training must be given on the use of this equipment, as well as actual practice in water.

| (c) | Survival training.
  Survival training shall be appropriate to the areas of operation (e.g. polar, desert, jungle or sea). |
| --- | --- |

(c)

Survival training.

Survival training shall be appropriate to the areas of operation (e.g. polar, desert, jungle or sea).

| (d) | Medical aspects and first aid:






  1. | instruction on first aid and the use of first-aid kits; |
| --- | --- | --- |

(d)

Medical aspects and first aid:

1.

instruction on first aid and the use of first-aid kits;

| 2. | first-aid associated with survival training and appropriate hygiene; and |
| --- | --- |

2.

first-aid associated with survival training and appropriate hygiene; and

| 3. | the physiological effects of flying and with particular emphasis on hypoxia. |
| --- | --- |

3.

the physiological effects of flying and with particular emphasis on hypoxia.

| (e) | Passenger handling:






  1. | advice on the recognition and management of passengers who are, or become, intoxicated with alcohol or are under the influence of drugs or are aggressive; |
| --- | --- | --- |

(e)

Passenger handling:

1.

advice on the recognition and management of passengers who are, or become, intoxicated with alcohol or are under the influence of drugs or are aggressive;

| 2. | methods used to motivate passengers and the crowd control necessary to expedite an aeroplane evacuation; |
| --- | --- |

2.

methods used to motivate passengers and the crowd control necessary to expedite an aeroplane evacuation;

| 3. | regulations covering the safe stowage of cabin baggage (including cabin service items) and the risk of it becoming a hazard to occupants of the cabin or otherwise obstruction or damaging emergency equipment or aeroplane exits; |
| --- | --- |

3.

regulations covering the safe stowage of cabin baggage (including cabin service items) and the risk of it becoming a hazard to occupants of the cabin or otherwise obstruction or damaging emergency equipment or aeroplane exits;

| 4. | the importance of correct seat allocation with reference to aeroplane mass and balance. Particular emphasis shall also be given on the seating of disabled passengers, and the necessity of seating able-bodied passengers adjacent to unsupervised exits; |
| --- | --- |

4.

the importance of correct seat allocation with reference to aeroplane mass and balance. Particular emphasis shall also be given on the seating of disabled passengers, and the necessity of seating able-bodied passengers adjacent to unsupervised exits;

| 5. | duties to be undertaken in the event of encountering turbulence, including securing the cabin; |
| --- | --- |

5.

duties to be undertaken in the event of encountering turbulence, including securing the cabin;

| 6. | precautions to be taken when live animals are carried in the cabin; |
| --- | --- |

6.

precautions to be taken when live animals are carried in the cabin;

| 7. | dangerous goods training, including provisions under Subpart R; |
| --- | --- |

7.

dangerous goods training, including provisions under Subpart R;

| 8. | security procedures, including provisions under Subpart S. |
| --- | --- |

8.

security procedures, including provisions under Subpart S.

| (f) | Communication.
  During training, emphasis shall be placed on the importance of effective communication between cabin crew and flight crew including technique, common language and terminology. |
| --- | --- |

(f)

Communication.

During training, emphasis shall be placed on the importance of effective communication between cabin crew and flight crew including technique, common language and terminology.

| (g) | Discipline and responsibilities:






  1. | the importance of cabin crew performing their duties in accordance with the Operations Manual; |
| --- | --- | --- |

(g)

Discipline and responsibilities:

1.

the importance of cabin crew performing their duties in accordance with the Operations Manual;

| 2. | continuing competence and fitness to operate as a cabin crew member with special regard to flight and duty time limitations and rest requirements; |
| --- | --- |

2.

continuing competence and fitness to operate as a cabin crew member with special regard to flight and duty time limitations and rest requirements;

| 3. | an awareness of the aviation regulations relating to cabin crew and the role of the Civil Aviation Authority; |
| --- | --- |

3.

an awareness of the aviation regulations relating to cabin crew and the role of the Civil Aviation Authority;

| 4. | general knowledge of relevant aviation terminology, theory of flight, passenger distribution, meteorology and areas of operation; |
| --- | --- |

4.

general knowledge of relevant aviation terminology, theory of flight, passenger distribution, meteorology and areas of operation;

| 5. | pre-flight briefing of the cabin crew and the provision of necessary safety information with regards to their specific duties; |
| --- | --- |

5.

pre-flight briefing of the cabin crew and the provision of necessary safety information with regards to their specific duties;

| 6. | the importance of ensuring that relevant documents and manuals are kept up-to-date with amendments provided by the operator; |
| --- | --- |

6.

the importance of ensuring that relevant documents and manuals are kept up-to-date with amendments provided by the operator;

| 7. | the importance of identifying when cabin crew members have the authority and responsibility to initiate an evacuation and other emergency procedures; and |
| --- | --- |

7.

the importance of identifying when cabin crew members have the authority and responsibility to initiate an evacuation and other emergency procedures; and

| 8. | the importance of safety duties and responsibilities and the need to respond promptly and effectively to emergency situations. |
| --- | --- |

8.

the importance of safety duties and responsibilities and the need to respond promptly and effectively to emergency situations.

| (h) | Crew resource management.






  (1) | Introductory CRM Course:






  (i) | a cabin crew member shall complete an Introductory CRM Course before being first assigned to operate as a cabin crew member. Cabin crew who are already operating as cabin crew members in commercial air transportation and who have not previously completed an introductory course, shall complete an Introductory CRM Course by the time of the next required recurrent training and/or checking. |
| --- | --- | --- | --- |

(h)

Crew resource management.

(1)

Introductory CRM Course:

(i)

a cabin crew member shall complete an Introductory CRM Course before being first assigned to operate as a cabin crew member. Cabin crew who are already operating as cabin crew members in commercial air transportation and who have not previously completed an introductory course, shall complete an Introductory CRM Course by the time of the next required recurrent training and/or checking.

| (ii) | The training elements in Appendix 2 to OPS 1.1005/1.1010/1/1.1015 Table 1, Column (a) shall be covered to the level required in Column (b), Introductory CRM Course. |
| --- | --- |

(ii)

The training elements in Appendix 2 to OPS 1.1005/1.1010/1/1.1015 Table 1, Column (a) shall be covered to the level required in Column (b), Introductory CRM Course.

| (iii) | The Introductory CRM Course shall be conducted by at least one cabin crew CRM instructor. |
| --- | --- |

(iii)

The Introductory CRM Course shall be conducted by at least one cabin crew CRM instructor.

Appendix 1 to OPS 1.1010

Conversion and Differences training

| (a) | General:
  An operator shall ensure that:






  1. | conversion and differences training is conducted by suitably qualified personnel; and |
| --- | --- | --- |

(a)

General:

An operator shall ensure that:

1.

conversion and differences training is conducted by suitably qualified personnel; and

| 2. | during conversion and differences training, training is given on the location, removal and use of all safety and survival equipment carried on the aeroplane, as well as all normal and emergency procedures related to the aeroplane type, variant and configuration to be operated. |
| --- | --- |

2.

during conversion and differences training, training is given on the location, removal and use of all safety and survival equipment carried on the aeroplane, as well as all normal and emergency procedures related to the aeroplane type, variant and configuration to be operated.

| (b) | Fire and smoke training:
  An operator shall ensure that:






  1. | Each cabin crew member is given realistic and practical training in the use of all fire-fighting equipment including protective clothing representative of that carried in the aeroplane. This training must include:






  (i) | extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and |
| --- | --- | --- | --- |

(b)

Fire and smoke training:

An operator shall ensure that:

1.

Each cabin crew member is given realistic and practical training in the use of all fire-fighting equipment including protective clothing representative of that carried in the aeroplane. This training must include:

(i)

extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and

| (ii) | the donning and use of protective breathing equipment in an enclosed, simulated smoke-filled environment. |
| --- | --- |

(ii)

the donning and use of protective breathing equipment in an enclosed, simulated smoke-filled environment.

| (c) | Operations of doors and exits:
  An operator shall ensure that:






  1. | Each cabin crew member operates and actually opens all normal and emergency exits for passenger evacuation in an aeroplane or representative training device; and |
| --- | --- | --- |

(c)

Operations of doors and exits:

An operator shall ensure that:

1.

Each cabin crew member operates and actually opens all normal and emergency exits for passenger evacuation in an aeroplane or representative training device; and

| 2. | the operation of all other exits, such as flight deck windows is demonstrated. |
| --- | --- |

2.

the operation of all other exits, such as flight deck windows is demonstrated.

| (d) | Evacuation slide training:
  An operator shall ensure that:






  1. | Each cabin crew member descends an evacuation slide from a height representative of the aeroplane's main deck sill height; |
| --- | --- | --- |

(d)

Evacuation slide training:

An operator shall ensure that:

1.

Each cabin crew member descends an evacuation slide from a height representative of the aeroplane's main deck sill height;

| 2. | the slide is fitted to an aeroplane or a representative training device; and |
| --- | --- |

2.

the slide is fitted to an aeroplane or a representative training device; and

| 3. | a further descent is made when the cabin crew member qualifies on an aeroplane type in which the main deck exit sill height differs significantly from any aeroplane type previously operated. |
| --- | --- |

3.

a further descent is made when the cabin crew member qualifies on an aeroplane type in which the main deck exit sill height differs significantly from any aeroplane type previously operated.

| (e) | Evacuation procedures and other emergency situations:
  An operator shall ensure that:






  1. | emergency evacuation training includes the recognition of planned or unplanned evacuations on land or water. This training must include recognition of when exits are unusable or when evacuation equipment is unserviceable; and |
| --- | --- | --- |

(e)

Evacuation procedures and other emergency situations:

An operator shall ensure that:

1.

emergency evacuation training includes the recognition of planned or unplanned evacuations on land or water. This training must include recognition of when exits are unusable or when evacuation equipment is unserviceable; and

| 2. | each cabin crew member is trained to deal with the following:






  (i) | an in-flight fire, with particular emphasis on identifying the actual source of the fire; |
| --- | --- | --- |

2.

each cabin crew member is trained to deal with the following:

(i)

an in-flight fire, with particular emphasis on identifying the actual source of the fire;

| (ii) | severe air turbulence; |
| --- | --- |

(ii)

severe air turbulence;

| (iii) | sudden decompression, including the donning of portable oxygen equipment by each cabin crew member; and |
| --- | --- |

(iii)

sudden decompression, including the donning of portable oxygen equipment by each cabin crew member; and

| (iv) | other in-flight emergencies. |
| --- | --- |

(iv)

other in-flight emergencies.

| (f) | Crowd control.
  An operator shall ensure that training is provided on the practical aspects of crowd control in various emergency situations, as applicable to the aeroplane type. |
| --- | --- |

(f)

Crowd control.

An operator shall ensure that training is provided on the practical aspects of crowd control in various emergency situations, as applicable to the aeroplane type.

| (g) | Pilot incapacitation.
  An operator shall ensure that, unless the minimum flight crew is more than two, each cabin crew member is trained in the procedure for flight crew member incapacitation and shall operate the seat and harness mechanisms. Training in the use of flight crew members' oxygen system and use of the flight crew members' check lists, where required by the operator's SOP's, shall be conducted by a practical demonstration. |
| --- | --- |

(g)

Pilot incapacitation.

An operator shall ensure that, unless the minimum flight crew is more than two, each cabin crew member is trained in the procedure for flight crew member incapacitation and shall operate the seat and harness mechanisms. Training in the use of flight crew members' oxygen system and use of the flight crew members' check lists, where required by the operator's SOP's, shall be conducted by a practical demonstration.

| (h) | Safety equipment.
  An operator shall ensure that each cabin crew member is given realistic training on, and demonstration of, the location and use of safety equipment including the following:






  1. | slides, and where non-self-supporting slides are carried, the use of any associated ropes; |
| --- | --- | --- |

(h)

Safety equipment.

An operator shall ensure that each cabin crew member is given realistic training on, and demonstration of, the location and use of safety equipment including the following:

1.

slides, and where non-self-supporting slides are carried, the use of any associated ropes;

| 2. | life-rafts and slide-raft, including the equipment attached to, and/or carried in, the raft; |
| --- | --- |

2.

life-rafts and slide-raft, including the equipment attached to, and/or carried in, the raft;

| 3. | lifejackets, infant lifejackets and flotation cots; |
| --- | --- |

3.

lifejackets, infant lifejackets and flotation cots;

| 4. | dropout oxygen system; |
| --- | --- |

4.

dropout oxygen system;

| 5. | first-aid oxygen; |
| --- | --- |

5.

first-aid oxygen;

| 6. | fire extinguishers; |
| --- | --- |

6.

fire extinguishers;

| 7. | fire axe or crow-bar; |
| --- | --- |

7.

fire axe or crow-bar;

| 8. | emergency lights including torches; |
| --- | --- |

8.

emergency lights including torches;

| 9. | communication equipment, including megaphones; |
| --- | --- |

9.

communication equipment, including megaphones;

| 10. | survival packs, including their contents; |
| --- | --- |

10.

survival packs, including their contents;

| 11. | pyrotechnics (actual or representative devices); |
| --- | --- |

11.

pyrotechnics (actual or representative devices);

| 12. | first-aid kits, their contents and emergency medical equipment; and |
| --- | --- |

12.

first-aid kits, their contents and emergency medical equipment; and

| 13. | other cabin safety equipment or systems where applicable. |
| --- | --- |

13.

other cabin safety equipment or systems where applicable.

| (i) | Passenger briefing/safety demonstrations.
  An operator shall ensure that training is given in the preparation of passengers for normal and emergency situations in accordance with OPS 1.285. |
| --- | --- |

(i)

Passenger briefing/safety demonstrations.

An operator shall ensure that training is given in the preparation of passengers for normal and emergency situations in accordance with OPS 1.285.

| (j) | Crew Resource Management.
  An operator shall ensure that:






  (1) | Each cabin crew member completes the Operator's CRM Training covering the training elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) to the level required in Column (c) before undertaking subsequent Aeroplane Type Specific CRM and/or recurrent CRM Training. |
| --- | --- | --- |

(j)

Crew Resource Management.

An operator shall ensure that:

(1)

Each cabin crew member completes the Operator's CRM Training covering the training elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) to the level required in Column (c) before undertaking subsequent Aeroplane Type Specific CRM and/or recurrent CRM Training.

| (2) | When a cabin crew member undertakes a conversion course on another aeroplane type, the training elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) shall be covered to the level required in Column (d), Aeroplane Type Specific CRM. |
| --- | --- |

(2)

When a cabin crew member undertakes a conversion course on another aeroplane type, the training elements in Appendix 2 to OPS 1.1005/1.1010/1.1015 Table 1, Column (a) shall be covered to the level required in Column (d), Aeroplane Type Specific CRM.

| (3) | The Operator's CRM Training and Aeroplane Type Specific CRM shall be conducted by a least one cabin crew CRM instructor. |
| --- | --- |

(3)

The Operator's CRM Training and Aeroplane Type Specific CRM shall be conducted by a least one cabin crew CRM instructor.

Appendix 1 to OPS 1.1015

Recurrent training

| (a) | An operator shall ensure that recurrent training is conducted by suitably qualified persons. |
| --- | --- |

(a)

An operator shall ensure that recurrent training is conducted by suitably qualified persons.

| (b) | An operator shall ensure that every 12 calendar months the programme of practical training includes the following:






  1. | Emergency procedures including pilot incapacitation; |
| --- | --- | --- |

(b)

An operator shall ensure that every 12 calendar months the programme of practical training includes the following:

1.

Emergency procedures including pilot incapacitation;

| 2. | Evacuation procedures including crowd control techniques; |
| --- | --- |

2.

Evacuation procedures including crowd control techniques;

| 3. | Touch-drills by each cabin crew member for opening normal and emergency exits for passenger evacuation; |
| --- | --- |

3.

Touch-drills by each cabin crew member for opening normal and emergency exits for passenger evacuation;

| 4. | The location and handling of emergency equipment, including oxygen systems, and the donning by each cabin crew member of lifejackets, portable oxygen and protective breathing equipment (PBE); |
| --- | --- |

4.

The location and handling of emergency equipment, including oxygen systems, and the donning by each cabin crew member of lifejackets, portable oxygen and protective breathing equipment (PBE);

| 5. | First aid and the contents of the first-aid kits; |
| --- | --- |

5.

First aid and the contents of the first-aid kits;

| 6. | Stowage of articles in the cabin; |
| --- | --- |

6.

Stowage of articles in the cabin;

| 7. | Security procedures; |
| --- | --- |

7.

Security procedures;

| 8. | Incident and accident review; and |
| --- | --- |

8.

Incident and accident review; and

| 9. | Crew resource management. An operator shall ensure that CRM training satisfies the following:






  (i) | The training elements in Appendix 2 to OPS 1.1005/1.1010/1/1.1015 Table 1, Column (a) shall be covered within a three year cycle to the level required by Column (e), Annual Recurrent CRM Training. |
| --- | --- | --- |

9.

Crew resource management. An operator shall ensure that CRM training satisfies the following:

(i)

The training elements in Appendix 2 to OPS 1.1005/1.1010/1/1.1015 Table 1, Column (a) shall be covered within a three year cycle to the level required by Column (e), Annual Recurrent CRM Training.

| (ii) | The definition and implementation of this syllabus shall be managed by a cabin crew CRM instructor. |
| --- | --- |

(ii)

The definition and implementation of this syllabus shall be managed by a cabin crew CRM instructor.

| (iii) | When CRM training is provided by stand-alone modules, it shall be conducted by at least one cabin crew CRM instructor. |
| --- | --- |

(iii)

When CRM training is provided by stand-alone modules, it shall be conducted by at least one cabin crew CRM instructor.

| (c) | An operator shall ensure that, at intervals not exceeding 3 years, recurrent training also includes:






  1. | the operation and actual opening of all normal and emergency exits for passenger evacuation in an aircraft or representative training device; |
| --- | --- | --- |

(c)

An operator shall ensure that, at intervals not exceeding 3 years, recurrent training also includes:

1.

the operation and actual opening of all normal and emergency exits for passenger evacuation in an aircraft or representative training device;

| 2. | demonstration of the operation of all other exits; |
| --- | --- |

2.

demonstration of the operation of all other exits;

| 3. | realistic and practical training in the use of all fire-fighting equipment, including protective clothing, representative of that carried in the aircraft.
  This training must include:






  (i) | extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and |
| --- | --- | --- |

3.

realistic and practical training in the use of all fire-fighting equipment, including protective clothing, representative of that carried in the aircraft.

This training must include:

(i)

extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and

| (ii) | the donning and use of protective breathing equipment by each cabin crew member in an enclosed, simulated smoke-filled environment. |
| --- | --- |

(ii)

the donning and use of protective breathing equipment by each cabin crew member in an enclosed, simulated smoke-filled environment.

| 4. | use of pyrotechnics (actual or representative devices); and |
| --- | --- |

4.

use of pyrotechnics (actual or representative devices); and

| 5. | demonstration of the use of the life-raft, or slide-raft, where fitted. |
| --- | --- |

5.

demonstration of the use of the life-raft, or slide-raft, where fitted.

| 6. | An operator shall ensure that, unless the minimum flight crew is more than two, each cabin crew member is trained in the procedure for flight crew member incapacitation and shall operate the seat and harness mechanisms. Training in the use of flight crew members' oxygen system and use of the flight crew members' check lists, where required by the operator's SOP's, shall be conducted by a practical demonstration |
| --- | --- |

6.

An operator shall ensure that, unless the minimum flight crew is more than two, each cabin crew member is trained in the procedure for flight crew member incapacitation and shall operate the seat and harness mechanisms. Training in the use of flight crew members' oxygen system and use of the flight crew members' check lists, where required by the operator's SOP's, shall be conducted by a practical demonstration

| (d) | An operator shall ensure that all appropriate requirements of Annex III, OPS 1 are included in the training of cabin crew members. |
| --- | --- |

(d)

An operator shall ensure that all appropriate requirements of Annex III, OPS 1 are included in the training of cabin crew members.

Appendix 1 to OPS 1.1020

Refresher training

An operator shall ensure that refresher training is conducted by suitable qualified persons and, for each cabin crew member, includes at least the following:

| (1) | Emergency procedures including pilot incapacitation; |
| --- | --- |

(1)

Emergency procedures including pilot incapacitation;

| (2) | Evacuation procedures including crowd control techniques; |
| --- | --- |

(2)

Evacuation procedures including crowd control techniques;

| (3) | The operation and actual opening of all normal and emergency exits for passenger evacuation in an aeroplane or representative training device; |
| --- | --- |

(3)

The operation and actual opening of all normal and emergency exits for passenger evacuation in an aeroplane or representative training device;

| (4) | Demonstration of the operation of all other exits including flight deck windows; and |
| --- | --- |

(4)

Demonstration of the operation of all other exits including flight deck windows; and

| (5) | The location and handling of emergency equipment, including oxygen systems, and the donning of lifejackets, portable oxygen and protective breathing equipment. |
| --- | --- |

(5)

The location and handling of emergency equipment, including oxygen systems, and the donning of lifejackets, portable oxygen and protective breathing equipment.

Appendix 2 to OPS 1.1005/1.1010/1.1015

Training

| 1. | The CRM training syllabi, together with CRM methodology and terminology, shall be included in the Operations Manual. |
| --- | --- |

1.

The CRM training syllabi, together with CRM methodology and terminology, shall be included in the Operations Manual.

| 2. | Table 1 indicates which elements of CRM shall be included in each type of training.
  Table 1 — CRM Training










  Training Elements | Introductory CRM Course | Operator's CRM Training | Aeroplane Type Specific CRM | Annual Recurrent CRM Training | Senior Cabin Crew Course |
| --- | --- | --- | --- | --- | --- | --- |
| (a) | (b) | (c) | (d) | (e) | (f) |
| General Principles |
| Human factors in aviation | In depth | Not required | Not required | Overview | |
| General instructions on CRM principles and objectives | | | Not required | | |
| Human performance and limitations | | | | | |
| From the perspective of the individual cabin crew member |
| Personality awareness, human error and reliability, attitudes and behaviours, self-assessment | | | | | |
| Stress and stress management | | | | | |
| Fatigue and vigilance | In depth
  Not required | Not required | Overview | (3-year cycle) | Not required |
| Assertiveness |
| Situation awareness, information acquisition and processing | | | | | |
| From the perspective of the whole aeroplane crew |
| Error prevention and detection | | | | | |
| Shared situation awareness, information acquisition & processing | | | | Overview | |
| Workload management | | | | (3-year cycle) | |
| Effective communication and coordination between all crew members including the flight crew as well as inexperienced cabin crew members, cultural differences | Not required | In-depth | Relevant to the type(s) | | Reinforcement (relevant to the Senior cabin crew duties) |
| Leadership, cooperation, synergy, decision-making, delegation | | | | | |
| Individual and team responsibilities, decision making, and actions | | | | | |
| Identification and management of the passenger human factors: crowd control, passenger stress, conflict management, medical factors | | | | | |
| Specifics related to aeroplane types (narrow/wide bodies, single/multi deck), flight crew and cabin crew composition and number of passengers | | Not required | In depth | | |
| From the perspective of the operator and the organisation |
| Company safety culture, SOPs, organisational factors, factors linked to the type of operations | | | | | |
| Effective communication and coordination with other operational personnel and ground services | Not required | In depth | Relevant to the type(s) | Overview (3-year cycle) | |
| Participation in cabin safety incident and accident reporting | | | | | |
| Case based studies (see note) | | Required | | Required | |
| Note: | In Column (d), if relevant aeroplane type specific case based studies are not available, then case based studies relevant to the scale and scope of the operation shall be considered. |

2.

Table 1 indicates which elements of CRM shall be included in each type of training.

Table 1 — CRM Training

Training Elements

Introductory CRM Course

Operator's CRM Training

Aeroplane Type Specific CRM

Annual Recurrent CRM Training

Senior Cabin Crew Course

(a)

(b)

(c)

(d)

(e)

(f)

General Principles

Human factors in aviation

In depth

Not required

Not required

Overview

General instructions on CRM principles and objectives

Not required

Human performance and limitations

From the perspective of the individual cabin crew member

Personality awareness, human error and reliability, attitudes and behaviours, self-assessment

Stress and stress management

Fatigue and vigilance

In depth

Not required

Not required

Overview

(3-year cycle)

Not required

Assertiveness

Situation awareness, information acquisition and processing

From the perspective of the whole aeroplane crew

Error prevention and detection

Shared situation awareness, information acquisition & processing

Overview

Workload management

(3-year cycle)

Effective communication and coordination between all crew members including the flight crew as well as inexperienced cabin crew members, cultural differences

Not required

In-depth

Relevant to the type(s)

Reinforcement (relevant to the Senior cabin crew duties)

Leadership, cooperation, synergy, decision-making, delegation

Individual and team responsibilities, decision making, and actions

Identification and management of the passenger human factors: crowd control, passenger stress, conflict management, medical factors

Specifics related to aeroplane types (narrow/wide bodies, single/multi deck), flight crew and cabin crew composition and number of passengers

Not required

In depth

From the perspective of the operator and the organisation

Company safety culture, SOPs, organisational factors, factors linked to the type of operations

Effective communication and coordination with other operational personnel and ground services

Not required

In depth

Relevant to the type(s)

Overview (3-year cycle)

Participation in cabin safety incident and accident reporting

Case based studies (see note)

Required

Required

Note:

In Column (d), if relevant aeroplane type specific case based studies are not available, then case based studies relevant to the scale and scope of the operation shall be considered.

SUBPART P

MANUALS, LOGS AND RECORDS

OPS 1.1040

General Rules for Operations Manuals

| (a) | An operator shall ensure that the Operations Manual contains all instructions and information necessary for operations personnel to perform their duties. |
| --- | --- |

(a)

An operator shall ensure that the Operations Manual contains all instructions and information necessary for operations personnel to perform their duties.

| (b) | An operator shall ensure that the contents of the Operations Manual, including all amendments or revisions, do not contravene the conditions contained in the Air Operator Certificate (AOC) or any applicable regulations and are acceptable to, or, where applicable, approved by, the Authority. |
| --- | --- |

(b)

An operator shall ensure that the contents of the Operations Manual, including all amendments or revisions, do not contravene the conditions contained in the Air Operator Certificate (AOC) or any applicable regulations and are acceptable to, or, where applicable, approved by, the Authority.

| (c) | Unless otherwise approved by the Authority, or prescribed by national law, an operator must prepare the Operations Manual in the English language. In addition, an operator may translate and use that manual, or parts thereof, into another language. |
| --- | --- |

(c)

Unless otherwise approved by the Authority, or prescribed by national law, an operator must prepare the Operations Manual in the English language. In addition, an operator may translate and use that manual, or parts thereof, into another language.

| (d) | Should it become necessary for an operator to produce new Operations Manuals or major parts/volumes thereof, he must comply with sub-paragraph (c) above. |
| --- | --- |

(d)

Should it become necessary for an operator to produce new Operations Manuals or major parts/volumes thereof, he must comply with sub-paragraph (c) above.

| (e) | An operator may issue an Operations Manual in separate volumes. |
| --- | --- |

(e)

An operator may issue an Operations Manual in separate volumes.

| (f) | An operator shall ensure that all operations personnel have easy access to a copy of each part of the Operations Manual which is relevant to their duties. In addition, the operator shall supply crew members with a personal copy of, or sections from, Parts A and B of the Operations Manual as are relevant for personal study. |
| --- | --- |

(f)

An operator shall ensure that all operations personnel have easy access to a copy of each part of the Operations Manual which is relevant to their duties. In addition, the operator shall supply crew members with a personal copy of, or sections from, Parts A and B of the Operations Manual as are relevant for personal study.

| (g) | An operator shall ensure that the Operations Manual is amended or revised so that the instructions and information contained therein are kept up to date. The operator shall ensure that all operations personnel are made aware of such changes that are relevant to their duties. |
| --- | --- |

(g)

An operator shall ensure that the Operations Manual is amended or revised so that the instructions and information contained therein are kept up to date. The operator shall ensure that all operations personnel are made aware of such changes that are relevant to their duties.

| (h) | Each holder of an Operations Manual, or appropriate parts of it, shall keep it up to date with the amendments or revisions supplied by the operator. |
| --- | --- |

(h)

Each holder of an Operations Manual, or appropriate parts of it, shall keep it up to date with the amendments or revisions supplied by the operator.

| (i) | An operator shall supply the Authority with intended amendments and revisions in advance of the effective date. When the amendment concerns any part of the Operations Manual which must be approved in accordance with OPS, this approval shall be obtained before the amendment becomes effective. When immediate amendments or revisions are required in the interest of safety, they may be published and applied immediately, provided that any approval required has been applied for. |
| --- | --- |

(i)

An operator shall supply the Authority with intended amendments and revisions in advance of the effective date. When the amendment concerns any part of the Operations Manual which must be approved in accordance with OPS, this approval shall be obtained before the amendment becomes effective. When immediate amendments or revisions are required in the interest of safety, they may be published and applied immediately, provided that any approval required has been applied for.

| (j) | An operator shall incorporate all amendments and revisions required by the Authority. |
| --- | --- |

(j)

An operator shall incorporate all amendments and revisions required by the Authority.

| (k) | An operator must ensure that information taken from approved documents, and any amendment of such approved documentation, is correctly reflected in the Operations Manual and that the Operations Manual contains no information contrary to any approved documentation. However, this requirement does not prevent an operator from using more conservative data and procedures. |
| --- | --- |

(k)

An operator must ensure that information taken from approved documents, and any amendment of such approved documentation, is correctly reflected in the Operations Manual and that the Operations Manual contains no information contrary to any approved documentation. However, this requirement does not prevent an operator from using more conservative data and procedures.

| (l) | An operator must ensure that the contents of the Operations Manual are presented in a form in which they can be used without difficulty. The design of the Operations Manual shall observe Human Factors principles. |
| --- | --- |

(l)

An operator must ensure that the contents of the Operations Manual are presented in a form in which they can be used without difficulty. The design of the Operations Manual shall observe Human Factors principles.

| (m) | An operator may be permitted by the Authority to present the Operations Manual or parts thereof in a form other than on printed paper. In such cases, an acceptable level of accessibility, usability and reliability must be assured. |
| --- | --- |

(m)

An operator may be permitted by the Authority to present the Operations Manual or parts thereof in a form other than on printed paper. In such cases, an acceptable level of accessibility, usability and reliability must be assured.

| (n) | The use of an abridged form of the Operations Manual does not exempt the operator from the requirements of OPS 1.130. |
| --- | --- |

(n)

The use of an abridged form of the Operations Manual does not exempt the operator from the requirements of OPS 1.130.

OPS 1.1045

Operations Manual — structure and contents

(See Appendix 1 to OPS 1.1045)

| (a) | An operator shall ensure that the main structure of the Operations Manual is as follows:






  — | Part A: General/Basic
  This part shall comprise all non type-related operational policies, instructions and procedures needed for a safe operation. |
| --- | --- | --- |

(a)

An operator shall ensure that the main structure of the Operations Manual is as follows:

—

Part A: General/Basic

This part shall comprise all non type-related operational policies, instructions and procedures needed for a safe operation.

| — | Part B: Aeroplane Operating Matters
  This part shall comprise all type-related instructions and procedures needed for a safe operation. It shall take account of any differences between types, variants or individual aeroplanes used by the operator. |
| --- | --- |

—

Part B: Aeroplane Operating Matters

This part shall comprise all type-related instructions and procedures needed for a safe operation. It shall take account of any differences between types, variants or individual aeroplanes used by the operator.

| — | Part C: Route and Aerodrome Instructions and Information
  This part shall comprise all instructions and information needed for the area of operation. |
| --- | --- |

—

Part C: Route and Aerodrome Instructions and Information

This part shall comprise all instructions and information needed for the area of operation.

| — | Part D: Training
  This part shall comprise all training instructions for personnel required for a safe operation. |
| --- | --- |

—

Part D: Training

This part shall comprise all training instructions for personnel required for a safe operation.

| (b) | An operator shall ensure that the contents of the Operations Manual are in accordance with Appendix 1 to OPS 1.1045 and relevant to the area and type of operation. |
| --- | --- |

(b)

An operator shall ensure that the contents of the Operations Manual are in accordance with Appendix 1 to OPS 1.1045 and relevant to the area and type of operation.

| (c) | An operator shall ensure that, the detailed structure of the Operations Manual is acceptable to the Authority. |
| --- | --- |

(c)

An operator shall ensure that, the detailed structure of the Operations Manual is acceptable to the Authority.

OPS 1.1050

Aeroplane Flight Manual

An operator shall keep a current approved Aeroplane Flight Manual or equivalent document for each aeroplane that it operates.

OPS 1.1055

Journey log

| (a) | An operator shall retain the following information for each flight in the form of a Journey Log:






  (1) | Aeroplane registration; |
| --- | --- | --- |

(a)

An operator shall retain the following information for each flight in the form of a Journey Log:

(1)

Aeroplane registration;

| (2) | Date; |
| --- | --- |

(2)

Date;

| (3) | Name(s) of crew member(s); |
| --- | --- |

(3)

Name(s) of crew member(s);

| (4) | Duty assignment of crew member(s); |
| --- | --- |

(4)

Duty assignment of crew member(s);

| (5) | Place of departure; |
| --- | --- |

(5)

Place of departure;

| (6) | Place of arrival; |
| --- | --- |

(6)

Place of arrival;

| (7) | Time of departure (off-block time); |
| --- | --- |

(7)

Time of departure (off-block time);

| (8) | Time of arrival (on-block time); |
| --- | --- |

(8)

Time of arrival (on-block time);

| (9) | Hours of flight; |
| --- | --- |

(9)

Hours of flight;

| (10) | Nature of flight; |
| --- | --- |

(10)

Nature of flight;

| (11) | Incidents, observations (if any); and |
| --- | --- |

(11)

Incidents, observations (if any); and

| (12) | Commander's signature (or equivalent). |
| --- | --- |

(12)

Commander's signature (or equivalent).

| (b) | An operator may be permitted not to keep an aeroplane journey log, or parts thereof, by the Authority if the relevant information is available in other documentation. |
| --- | --- |

(b)

An operator may be permitted not to keep an aeroplane journey log, or parts thereof, by the Authority if the relevant information is available in other documentation.

| (c) | An operator shall ensure that all entries are made concurrently and that they are permanent in nature. |
| --- | --- |

(c)

An operator shall ensure that all entries are made concurrently and that they are permanent in nature.

OPS 1.1060

Operational flight plan

| (a) | An operator must ensure that the operational flight plan used and the entries made during flight contain the following items:






  (1) | Aeroplane registration; |
| --- | --- | --- |

(a)

An operator must ensure that the operational flight plan used and the entries made during flight contain the following items:

(1)

Aeroplane registration;

| (2) | Aeroplane type and variant; |
| --- | --- |

(2)

Aeroplane type and variant;

| (3) | Date of flight; |
| --- | --- |

(3)

Date of flight;

| (4) | Flight identification; |
| --- | --- |

(4)

Flight identification;

| (5) | Names of flight crew members; |
| --- | --- |

(5)

Names of flight crew members;

| (6) | Duty assignment of flight crew members; |
| --- | --- |

(6)

Duty assignment of flight crew members;

| (7) | Place of departure; |
| --- | --- |

(7)

Place of departure;

| (8) | Time of departure (actual off-block time, take-off time); |
| --- | --- |

(8)

Time of departure (actual off-block time, take-off time);

| (9) | Place of arrival (planned and actual); |
| --- | --- |

(9)

Place of arrival (planned and actual);

| (10) | Time of arrival (actual landing and on-block time); |
| --- | --- |

(10)

Time of arrival (actual landing and on-block time);

| (11) | Type of operation (ETOPS, VFR, Ferry flight, etc.) |
| --- | --- |

(11)

Type of operation (ETOPS, VFR, Ferry flight, etc.)

| (12) | Route and route segments with checkpoints/waypoints, distances, time and tracks; |
| --- | --- |

(12)

Route and route segments with checkpoints/waypoints, distances, time and tracks;

| (13) | Planned cruising speed and flying times between check-points/waypoints. Estimated and actual times overhead; |
| --- | --- |

(13)

Planned cruising speed and flying times between check-points/waypoints. Estimated and actual times overhead;

| (14) | Safe altitudes and minimum levels; |
| --- | --- |

(14)

Safe altitudes and minimum levels;

| (15) | Planned altitudes and flight levels; |
| --- | --- |

(15)

Planned altitudes and flight levels;

| (16) | Fuel calculations (records of in-flight fuel checks); |
| --- | --- |

(16)

Fuel calculations (records of in-flight fuel checks);

| (17) | Fuel on board when starting engines; |
| --- | --- |

(17)

Fuel on board when starting engines;

| (18) | Alternate(s) for destination and, where applicable, take-off and en-route, including information required in sub-paragraphs (12), (13), (14), and (15) above; |
| --- | --- |

(18)

Alternate(s) for destination and, where applicable, take-off and en-route, including information required in sub-paragraphs (12), (13), (14), and (15) above;

| (19) | Initial ATS Flight Plan clearance and subsequent re-clearance; |
| --- | --- |

(19)

Initial ATS Flight Plan clearance and subsequent re-clearance;

| (20) | In-flight re-planning calculations; and |
| --- | --- |

(20)

In-flight re-planning calculations; and

| (21) | Relevant meteorological information. |
| --- | --- |

(21)

Relevant meteorological information.

| (b) | Items which are readily available in other documentation or from another acceptable source or are irrelevant to the type of operation may be omitted from the operational flight plan. |
| --- | --- |

(b)

Items which are readily available in other documentation or from another acceptable source or are irrelevant to the type of operation may be omitted from the operational flight plan.

| (c) | An operator must ensure that the operational flight plan and its use are described in the Operations Manual. |
| --- | --- |

(c)

An operator must ensure that the operational flight plan and its use are described in the Operations Manual.

| (d) | An operator shall ensure that all entries on the operational flight plan are made concurrently and that they are permanent in nature. |
| --- | --- |

(d)

An operator shall ensure that all entries on the operational flight plan are made concurrently and that they are permanent in nature.

OPS 1.1065

Document storage periods

An operator shall ensure that all records and all relevant operational and technical information for each individual flight, are stored for the periods prescribed in Appendix 1 to OPS 1.1065.

OPS 1.1070

Operator's continuing airworthiness management exposition

An operator shall keep a current approved continuing airworthiness e management exposition as prescribed in Part M, paragraph M.A.704.

OPS 1.1071

Aeroplane Technical Log

An operator shall keep an aeroplane technical log as prescribed in OPS 1.915.

Appendix 1 to OPS 1.1045

Operations Manual Contents

An operator shall ensure that the Operations Manual contains the following:

A.   GENERAL/BASIC

0.   ADMINISTRATION AND CONTROL OF OPERATIONS MANUAL

0.1.   Introduction

| (a) | A statement that the manual complies with all applicable regulations and with the terms and conditions of the applicable Air Operator Certificate. |
| --- | --- |

(a)

A statement that the manual complies with all applicable regulations and with the terms and conditions of the applicable Air Operator Certificate.

| (b) | A statement that the manual contains operational instructions that are to be complied with by the relevant personnel. |
| --- | --- |

(b)

A statement that the manual contains operational instructions that are to be complied with by the relevant personnel.

| (c) | A list and brief description of the various parts, their contents, applicability and use. |
| --- | --- |

(c)

A list and brief description of the various parts, their contents, applicability and use.

| (d) | Explanations and definitions of terms and words needed for the use of the manual. |
| --- | --- |

(d)

Explanations and definitions of terms and words needed for the use of the manual.

0.2.   System of amendment and revision

| (a) | Details of the person(s) responsible for the issuance and insertion of amendments and revisions. |
| --- | --- |

(a)

Details of the person(s) responsible for the issuance and insertion of amendments and revisions.

| (b) | A record of amendments and revisions with insertion dates and effective dates. |
| --- | --- |

(b)

A record of amendments and revisions with insertion dates and effective dates.

| (c) | A statement that handwritten amendments and revisions are not permitted except in situations requiring immediate amendment or revision in the interest of safety. |
| --- | --- |

(c)

A statement that handwritten amendments and revisions are not permitted except in situations requiring immediate amendment or revision in the interest of safety.

| (d) | A description of the system for the annotation of pages and their effective dates. |
| --- | --- |

(d)

A description of the system for the annotation of pages and their effective dates.

| (e) | A list of effective pages. |
| --- | --- |

(e)

A list of effective pages.

| (f) | Annotation of changes (on text pages and, as far as practicable, on charts and diagrams). |
| --- | --- |

(f)

Annotation of changes (on text pages and, as far as practicable, on charts and diagrams).

| (g) | Temporary revisions. |
| --- | --- |

(g)

Temporary revisions.

A description of the distribution system for the manuals, amendments and revisions.

1.   ORGANISATION AND RESPONSIBILITIES

| 1.1. | Organisational structure. A description of the organisational structure including the general company organigram and operations department organigram. The organigram must depict the relationship between the Operations Department and the other Departments of the company. In particular, the subordination and reporting lines of all Divisions, Departments, etc., which pertain to the safety of flight operations, must be shown. |
| --- | --- |

1.1.

Organisational structure. A description of the organisational structure including the general company organigram and operations department organigram. The organigram must depict the relationship between the Operations Department and the other Departments of the company. In particular, the subordination and reporting lines of all Divisions, Departments, etc., which pertain to the safety of flight operations, must be shown.

| 1.2. | Nominated postholders. The name of each nominated postholder responsible for flight operations, the maintenance system, crew training and ground operations, as prescribed in OPS 1.175(i). A description of their function and responsibilities must be included. |
| --- | --- |

1.2.

Nominated postholders. The name of each nominated postholder responsible for flight operations, the maintenance system, crew training and ground operations, as prescribed in OPS 1.175(i). A description of their function and responsibilities must be included.

| 1.3. | Responsibilities and duties of operations management personnel. A description of the duties, responsibilities and authority of operations management personnel pertaining to the safety of flight operations and the compliance with the applicable regulations. |
| --- | --- |

1.3.

Responsibilities and duties of operations management personnel. A description of the duties, responsibilities and authority of operations management personnel pertaining to the safety of flight operations and the compliance with the applicable regulations.

| 1.4. | Authority, duties and responsibilities of the commander. A statement defining the authority, duties and responsibilities of the commander. |
| --- | --- |

1.4.

Authority, duties and responsibilities of the commander. A statement defining the authority, duties and responsibilities of the commander.

| 1.5. | Duties and responsibilities of crew members other than the commander. |
| --- | --- |

1.5.

Duties and responsibilities of crew members other than the commander.

2.   OPERATIONAL CONTROL AND SUPERVISION

| 2.1. | Supervision of the operation by the operator. A description of the system for supervision of the operation by the operator (see OPS 1.175(g)). This must show how the safety of flight operations and the qualifications of personnel are supervised. In particular, the procedures related to the following items must be described:






  (a) | Licence and qualification validity; |
| --- | --- | --- |

2.1.

Supervision of the operation by the operator. A description of the system for supervision of the operation by the operator (see OPS 1.175(g)). This must show how the safety of flight operations and the qualifications of personnel are supervised. In particular, the procedures related to the following items must be described:

(a)

Licence and qualification validity;

| (b) | Competence of operations personnel; and |
| --- | --- |

(b)

Competence of operations personnel; and

| (c) | Control, analysis and storage of records, flight documents, additional information and data. |
| --- | --- |

(c)

Control, analysis and storage of records, flight documents, additional information and data.

| 2.2. | System of promulgation of additional operational instructions and information. A description of any system for promulgating information which may be of an operational nature but is supplementary to that in the Operations Manual. The applicability of this information and the responsibilities for its promulgation must be included. |
| --- | --- |

2.2.

System of promulgation of additional operational instructions and information. A description of any system for promulgating information which may be of an operational nature but is supplementary to that in the Operations Manual. The applicability of this information and the responsibilities for its promulgation must be included.

| 2.3. | Accident prevention and flight safety programme. A description of the main aspects of the flight safety programme. |
| --- | --- |

2.3.

Accident prevention and flight safety programme. A description of the main aspects of the flight safety programme.

| 2.4. | Operational control. A description of the procedures and responsibilities necessary to exercise operational control with respect to flight safety. |
| --- | --- |

2.4.

Operational control. A description of the procedures and responsibilities necessary to exercise operational control with respect to flight safety.

| 2.5. | Powers of the Authority. A description of the powers of the Authority. and guidance to staff on how to facilitate inspections by Authority personnel. |
| --- | --- |

2.5.

Powers of the Authority. A description of the powers of the Authority. and guidance to staff on how to facilitate inspections by Authority personnel.

3.   QUALITY SYSTEM

A description of the quality system adopted including at least:

| (a) | Quality policy; |
| --- | --- |

(a)

Quality policy;

| (b) | A description of the organisation of the Quality System; and |
| --- | --- |

(b)

A description of the organisation of the Quality System; and

| (c) | Allocation of duties and responsibilities. |
| --- | --- |

(c)

Allocation of duties and responsibilities.

4.   CREW COMPOSITION

| 4.1. | Crew Composition. An explanation of the method for determining crew compositions taking account of the following:






  (a) | The type of aeroplane being used; |
| --- | --- | --- |

4.1.

Crew Composition. An explanation of the method for determining crew compositions taking account of the following:

(a)

The type of aeroplane being used;

| (b) | The area and type of operation being undertaken; |
| --- | --- |

(b)

The area and type of operation being undertaken;

| (c) | The phase of the flight; |
| --- | --- |

(c)

The phase of the flight;

| (d) | The minimum crew requirement and flight duty period planned; |
| --- | --- |

(d)

The minimum crew requirement and flight duty period planned;

| (e) | Experience (total and on type), recency and qualification of the crew members; and |
| --- | --- |

(e)

Experience (total and on type), recency and qualification of the crew members; and

| (f) | The designation of the commander and, if necessitated by the duration of the flight, the procedures for the relief of the commander or other members of the flight crew (See Appendix 1 to OPS 1.940). |
| --- | --- |

(f)

The designation of the commander and, if necessitated by the duration of the flight, the procedures for the relief of the commander or other members of the flight crew (See Appendix 1 to OPS 1.940).

| (g) | The designation of the senior cabin crew member and, if necessitated by the duration of the flight, the procedures for the relief of the senior cabin crew member and any other member of the cabin crew. |
| --- | --- |

(g)

The designation of the senior cabin crew member and, if necessitated by the duration of the flight, the procedures for the relief of the senior cabin crew member and any other member of the cabin crew.

| 4.2. | Designation of the commander. The rules applicable to the designation of the commander. |
| --- | --- |

4.2.

Designation of the commander. The rules applicable to the designation of the commander.

| 4.3. | Flight crew incapacitation. Instructions on the succession of command in the event of flight crew incapacitation. |
| --- | --- |

4.3.

Flight crew incapacitation. Instructions on the succession of command in the event of flight crew incapacitation.

| 4.4. | Operation of more than one type. A statement indicating which aeroplanes are considered as one type for the purpose of:






  (a) | Flight crew scheduling; and |
| --- | --- | --- |

4.4.

Operation of more than one type. A statement indicating which aeroplanes are considered as one type for the purpose of:

(a)

Flight crew scheduling; and

| (b) | Cabin crew scheduling. |
| --- | --- |

(b)

Cabin crew scheduling.

5.   QUALIFICATION REQUIREMENTS

| 5.1. | A description of the required licence, rating(s), qualification/competency (e.g. for routes and aerodromes), experience, training, checking and recency for operations personnel to conduct their duties. Consideration must be given to the aeroplane type, kind of operation and composition of the crew. |
| --- | --- |

5.1.

A description of the required licence, rating(s), qualification/competency (e.g. for routes and aerodromes), experience, training, checking and recency for operations personnel to conduct their duties. Consideration must be given to the aeroplane type, kind of operation and composition of the crew.

| 5.2. | Flight crew






  (a) | Commander. |
| --- | --- | --- |

5.2.

Flight crew

(a)

Commander.

| (b) | Pilot relieving the commander. |
| --- | --- |

(b)

Pilot relieving the commander.

| (c) | Co-pilot. |
| --- | --- |

(c)

Co-pilot.

| (d) | Pilot under supervision. |
| --- | --- |

(d)

Pilot under supervision.

| (e) | System panel operator. |
| --- | --- |

(e)

System panel operator.

| (f) | Operation on more than one type or variant. |
| --- | --- |

(f)

Operation on more than one type or variant.

| 5.3. | Cabin crew.






  (a) | Senior cabin crew member. |
| --- | --- | --- |

5.3.

Cabin crew.

(a)

Senior cabin crew member.

| (b) | Cabin crew member.






  (i) | Required cabin crew member. |
| --- | --- | --- |

(b)

Cabin crew member.

(i)

Required cabin crew member.

| (ii) | Additional cabin crew member and cabin crew member during familiarisation flights. |
| --- | --- |

(ii)

Additional cabin crew member and cabin crew member during familiarisation flights.

| (c) | Operation on more than one type or variant. |
| --- | --- |

(c)

Operation on more than one type or variant.

| 5.4. | Training, checking and supervision personnel.






  (a) | For flight crew. |
| --- | --- | --- |

5.4.

Training, checking and supervision personnel.

(a)

For flight crew.

| (b) | For cabin crew. |
| --- | --- |

(b)

For cabin crew.

| 5.5. | Other operations personnel |
| --- | --- |

5.5.

Other operations personnel

6.   CREW HEALTH PRECAUTIONS

| 6.1. | Crew health precautions. The relevant regulations and guidance to crew members concerning health including:






  (a) | Alcohol and other intoxicating liquor; |
| --- | --- | --- |

6.1.

Crew health precautions. The relevant regulations and guidance to crew members concerning health including:

(a)

Alcohol and other intoxicating liquor;

| (b) | Narcotics; |
| --- | --- |

(b)

Narcotics;

| (c) | Drugs; |
| --- | --- |

(c)

Drugs;

| (d) | Sleeping tablets; |
| --- | --- |

(d)

Sleeping tablets;

| (e) | Pharmaceutical preparations; |
| --- | --- |

(e)

Pharmaceutical preparations;

| (f) | Immunisation; |
| --- | --- |

(f)

Immunisation;

| (g) | Deep diving; |
| --- | --- |

(g)

Deep diving;

| (h) | Blood donation; |
| --- | --- |

(h)

Blood donation;

| (i) | Meal precautions prior to and during flight; |
| --- | --- |

(i)

Meal precautions prior to and during flight;

| (j) | Sleep and rest; and |
| --- | --- |

(j)

Sleep and rest; and

| (k) | Surgical operations. |
| --- | --- |

(k)

Surgical operations.

7.   FLIGHT TIME LIMITATIONS

| 7.1. | Flight and Duty Time Limitations and Rest Requirements. The scheme developed by the operator in accordance with applicable requirements. |
| --- | --- |

7.1.

Flight and Duty Time Limitations and Rest Requirements. The scheme developed by the operator in accordance with applicable requirements.

| 7.2. | Exceedances of flight and duty time limitations and/or reductions of rest periods. Conditions under which flight and duty time may be exceeded or rest periods may be reduced and the procedures used to report these modifications. |
| --- | --- |

7.2.

Exceedances of flight and duty time limitations and/or reductions of rest periods. Conditions under which flight and duty time may be exceeded or rest periods may be reduced and the procedures used to report these modifications.

8.   OPERATING PROCEDURES

8.1.   Flight Preparation Instructions. As applicable to the operation:

| 8.1.1. | Minimum Flight Altitudes. A description of the method of determination and application of minimum altitudes including:






  (a) | A procedure to establish the minimum altitudes/flight levels for VFR flights; and |
| --- | --- | --- |

8.1.1.

Minimum Flight Altitudes. A description of the method of determination and application of minimum altitudes including:

(a)

A procedure to establish the minimum altitudes/flight levels for VFR flights; and

| (b) | A procedure to establish the minimum altitudes/flight levels for IFR flights. |
| --- | --- |

(b)

A procedure to establish the minimum altitudes/flight levels for IFR flights.

| 8.1.2. | Criteria and responsibilities for the authorisation of the use of aerodromes taking into account the applicable requirements of Subparts D, E, F, G, H, I and J. |
| --- | --- |

8.1.2.

Criteria and responsibilities for the authorisation of the use of aerodromes taking into account the applicable requirements of Subparts D, E, F, G, H, I and J.

| 8.1.3. | Methods for establishing of aerodrome operating minima. The method for establishing aerodrome operating minima for IFR flights in accordance with OPS 1 Subpart E. Reference must be made to procedures for the determination of the visibility and/or runway visual range and for the applicability of the actual visibility observed by the pilots, the reported visibility and the reported runway visual range. |
| --- | --- |

8.1.3.

Methods for establishing of aerodrome operating minima. The method for establishing aerodrome operating minima for IFR flights in accordance with OPS 1 Subpart E. Reference must be made to procedures for the determination of the visibility and/or runway visual range and for the applicability of the actual visibility observed by the pilots, the reported visibility and the reported runway visual range.

| 8.1.4. | En-route Operating Minima for VFR Flights or VFR portions of a flight and, where single engined aeroplanes are used, instructions for route selection with respect to the availability of surfaces which permit a safe forced landing. |
| --- | --- |

8.1.4.

En-route Operating Minima for VFR Flights or VFR portions of a flight and, where single engined aeroplanes are used, instructions for route selection with respect to the availability of surfaces which permit a safe forced landing.

| 8.1.5. | Presentation and Application of Aerodrome and En-route Operating Minima |
| --- | --- |

8.1.5.

Presentation and Application of Aerodrome and En-route Operating Minima

| 8.1.6. | Interpretation of meteorological information. Explanatory material on the decoding of MET forecasts and MET reports relevant to the area of operations, including the interpretation of conditional expressions. |
| --- | --- |

8.1.6.

Interpretation of meteorological information. Explanatory material on the decoding of MET forecasts and MET reports relevant to the area of operations, including the interpretation of conditional expressions.

| 8.1.7. | Determination of the quantities of fuel, oil and water methanol carried. The methods by which the quantities of fuel, oil and water methanol to be carried are determined and monitored in flight. This section must also include instructions on the measurement and distribution of the fluid carried on board. Such instructions must take account of all circumstances likely to be encountered on the flight, including the possibility of in-flight replanning and of failure of one or more of the aeroplane's power plants. The system for maintaining fuel and oil records must also be described. |
| --- | --- |

8.1.7.

Determination of the quantities of fuel, oil and water methanol carried. The methods by which the quantities of fuel, oil and water methanol to be carried are determined and monitored in flight. This section must also include instructions on the measurement and distribution of the fluid carried on board. Such instructions must take account of all circumstances likely to be encountered on the flight, including the possibility of in-flight replanning and of failure of one or more of the aeroplane's power plants. The system for maintaining fuel and oil records must also be described.

| 8.1.8. | Mass and Centre of Gravity. The general principles of mass and centre of gravity including:






  (a) | Definitions; |
| --- | --- | --- |

8.1.8.

Mass and Centre of Gravity. The general principles of mass and centre of gravity including:

(a)

Definitions;

| (b) | Methods, procedures and responsibilities for preparation and acceptance of mass and centre of gravity calculations; |
| --- | --- |

(b)

Methods, procedures and responsibilities for preparation and acceptance of mass and centre of gravity calculations;

| (c) | The policy for using either standard and/or actual masses; |
| --- | --- |

(c)

The policy for using either standard and/or actual masses;

| (d) | The method for determining the applicable passenger, baggage and cargo mass; |
| --- | --- |

(d)

The method for determining the applicable passenger, baggage and cargo mass;

| (e) | The applicable passenger and baggage masses for various types of operations and aeroplane type; |
| --- | --- |

(e)

The applicable passenger and baggage masses for various types of operations and aeroplane type;

| (f) | General instruction and information necessary for verification of the various types of mass and balance documentation in use; |
| --- | --- |

(f)

General instruction and information necessary for verification of the various types of mass and balance documentation in use;

| (g) | Last Minute Changes procedures; |
| --- | --- |

(g)

Last Minute Changes procedures;

| (h) | Specific gravity of fuel, oil and water methanol; and |
| --- | --- |

(h)

Specific gravity of fuel, oil and water methanol; and

| (i) | Seating policy/procedures. |
| --- | --- |

(i)

Seating policy/procedures.

| 8.1.9. | ATS Flight Plan. Procedures and responsibilities for the preparation and submission of the air traffic services flight plan. Factors to be considered include the means of submission for both individual and repetitive flight plans. |
| --- | --- |

8.1.9.

ATS Flight Plan. Procedures and responsibilities for the preparation and submission of the air traffic services flight plan. Factors to be considered include the means of submission for both individual and repetitive flight plans.

| 8.1.10. | Operational Flight Plan. Procedures and responsibilities for the preparation and acceptance of the operational flight plan. The use of the operational flight plan must be described including samples of the operational flight plan formats in use. |
| --- | --- |

8.1.10.

Operational Flight Plan. Procedures and responsibilities for the preparation and acceptance of the operational flight plan. The use of the operational flight plan must be described including samples of the operational flight plan formats in use.

| 8.1.11. | Operator's Aeroplane Technical Log. The responsibilities and the use of the operator's Aeroplane Technical Log must be described, including samples of the format used. |
| --- | --- |

8.1.11.

Operator's Aeroplane Technical Log. The responsibilities and the use of the operator's Aeroplane Technical Log must be described, including samples of the format used.

| 8.1.12. | List of documents, forms and additional information to be carried. |
| --- | --- |

8.1.12.

List of documents, forms and additional information to be carried.

8.2.   Ground Handling Instructions

| 8.2.1. | Fuelling procedures. A description of fuelling procedures, including:






  (a) | Safety precautions during refuelling and defuelling including when an APU is in operation or when a turbine engine is running and the prop-brakes are on; |
| --- | --- | --- |

8.2.1.

Fuelling procedures. A description of fuelling procedures, including:

(a)

Safety precautions during refuelling and defuelling including when an APU is in operation or when a turbine engine is running and the prop-brakes are on;

| (b) | Refuelling and defuelling when passengers are embarking, on board or disembarking; and |
| --- | --- |

(b)

Refuelling and defuelling when passengers are embarking, on board or disembarking; and

| (c) | Precautions to be taken to avoid mixing fuels. |
| --- | --- |

(c)

Precautions to be taken to avoid mixing fuels.

| 8.2.2. | Aeroplane, passengers and cargo handling procedures related to safety. A description of the handling procedures to be used when allocating seats and embarking and disembarking passengers and when loading and unloading the aeroplane. Further procedures, aimed at achieving safety whilst the aeroplane is on the ramp, must also be given. Handling procedures must include:






  (a) | Children/infants, sick passengers and Persons with Reduced Mobility; |
| --- | --- | --- |

8.2.2.

Aeroplane, passengers and cargo handling procedures related to safety. A description of the handling procedures to be used when allocating seats and embarking and disembarking passengers and when loading and unloading the aeroplane. Further procedures, aimed at achieving safety whilst the aeroplane is on the ramp, must also be given. Handling procedures must include:

(a)

Children/infants, sick passengers and Persons with Reduced Mobility;

| (b) | Transportation of inadmissible passengers, deportees or persons in custody; |
| --- | --- |

(b)

Transportation of inadmissible passengers, deportees or persons in custody;

| (c) | Permissible size and weight of hand baggage; |
| --- | --- |

(c)

Permissible size and weight of hand baggage;

| (d) | Loading and securing of items in the aeroplane; |
| --- | --- |

(d)

Loading and securing of items in the aeroplane;

| (e) | Special loads and classification of load compartments; |
| --- | --- |

(e)

Special loads and classification of load compartments;

| (f) | Positioning of ground equipment; |
| --- | --- |

(f)

Positioning of ground equipment;

| (g) | Operation of aeroplane doors; |
| --- | --- |

(g)

Operation of aeroplane doors;

| (h) | Safety on the ramp, including fire prevention, blast and suction areas; |
| --- | --- |

(h)

Safety on the ramp, including fire prevention, blast and suction areas;

| (i) | Start-up, ramp departure and arrival procedures including push-back and towing operations; |
| --- | --- |

(i)

Start-up, ramp departure and arrival procedures including push-back and towing operations;

| (j) | Servicing of aeroplanes; and |
| --- | --- |

(j)

Servicing of aeroplanes; and

| (k) | Documents and forms for aeroplane handling; |
| --- | --- |

(k)

Documents and forms for aeroplane handling;

| (l) | Multiple occupancy of aeroplane seats. |
| --- | --- |

(l)

Multiple occupancy of aeroplane seats.

| 8.2.3. | Procedures for the refusal of embarkation. Procedures to ensure that persons who appear to be intoxicated or who demonstrate by manner or physical indications that they are under the influence of drugs, except medical patients under proper care, are refused embarkation. This does not apply to medical patients under proper care. |
| --- | --- |

8.2.3.

Procedures for the refusal of embarkation. Procedures to ensure that persons who appear to be intoxicated or who demonstrate by manner or physical indications that they are under the influence of drugs, except medical patients under proper care, are refused embarkation. This does not apply to medical patients under proper care.

| 8.2.4. | De-icing and Anti-icing on the ground. A description of the de-icing and anti-icing policy and procedures for aeroplanes on the ground. These shall include descriptions of the types and effects of icing and other contaminants on aeroplanes whilst stationary, during ground movements and during take-off. In addition, a description of the fluid types used must be given including:






  (a) | Proprietary or commercial names; |
| --- | --- | --- |

8.2.4.

De-icing and Anti-icing on the ground. A description of the de-icing and anti-icing policy and procedures for aeroplanes on the ground. These shall include descriptions of the types and effects of icing and other contaminants on aeroplanes whilst stationary, during ground movements and during take-off. In addition, a description of the fluid types used must be given including:

(a)

Proprietary or commercial names;

| (b) | Characteristics; |
| --- | --- |

(b)

Characteristics;

| (c) | Effects on aeroplane performance; |
| --- | --- |

(c)

Effects on aeroplane performance;

| (d) | Hold-over times; and |
| --- | --- |

(d)

Hold-over times; and

| (e) | Precautions during usage. |
| --- | --- |

(e)

Precautions during usage.

8.3.   Flight Procedures

| 8.3.1. | VFR/IFR Policy. A description of the policy for allowing flights to be made under VFR, or of requiring flights to be made under IFR, or of changing from one to the other. |
| --- | --- |

8.3.1.

VFR/IFR Policy. A description of the policy for allowing flights to be made under VFR, or of requiring flights to be made under IFR, or of changing from one to the other.

| 8.3.2. | Navigation Procedures. A description of all navigation procedures relevant to the type(s) and area(s) of operation. Consideration must be given to:






  (a) | Standard navigational procedures including policy for carrying out independent cross-checks of keyboard entries where these affect the flight path to be followed by the aeroplane; |
| --- | --- | --- |

8.3.2.

Navigation Procedures. A description of all navigation procedures relevant to the type(s) and area(s) of operation. Consideration must be given to:

(a)

Standard navigational procedures including policy for carrying out independent cross-checks of keyboard entries where these affect the flight path to be followed by the aeroplane;

| (b) | MNPS and POLAR navigation and navigation in other designated areas; |
| --- | --- |

(b)

MNPS and POLAR navigation and navigation in other designated areas;

| (c) | RNAV; |
| --- | --- |

(c)

RNAV;

| (d) | In-flight replanning; and |
| --- | --- |

(d)

In-flight replanning; and

| (e) | Procedures in the event of system degradation; and |
| --- | --- |

(e)

Procedures in the event of system degradation; and

| (f) | RVSM |
| --- | --- |

(f)

RVSM

| 8.3.3. | Altimeter setting procedures including use, where appropriate, of






  — | metric altimetry and conversion tables, and |
| --- | --- | --- |

8.3.3.

Altimeter setting procedures including use, where appropriate, of

—

metric altimetry and conversion tables, and

| — | QFE operating procedures. |
| --- | --- |

—

QFE operating procedures.

| 8.3.4. | Altitude alerting system procedures |
| --- | --- |

8.3.4.

Altitude alerting system procedures

| 8.3.5. | Ground Proximity Warning System/Terrain Avoidance Warning System. Procedures and instructions required for the avoidance of controlled flight into terrain, including limitations on high rate of descent near the surface (the related training requirements are covered in D.2.1). |
| --- | --- |

8.3.5.

Ground Proximity Warning System/Terrain Avoidance Warning System. Procedures and instructions required for the avoidance of controlled flight into terrain, including limitations on high rate of descent near the surface (the related training requirements are covered in D.2.1).

| 8.3.6. | Policy and procedures for the use of TCAS/ACAS |
| --- | --- |

8.3.6.

Policy and procedures for the use of TCAS/ACAS

| 8.3.7. | Policy and procedures for in-flight fuel management |
| --- | --- |

8.3.7.

Policy and procedures for in-flight fuel management

| 8.3.8. | Adverse and potentially hazardous atmospheric conditions. Procedures for operating in, and/or avoiding adverse and potentially hazardous atmospheric conditions including:






  (a) | Thunderstorms; |
| --- | --- | --- |

8.3.8.

Adverse and potentially hazardous atmospheric conditions. Procedures for operating in, and/or avoiding adverse and potentially hazardous atmospheric conditions including:

(a)

Thunderstorms;

| (b) | Icing conditions; |
| --- | --- |

(b)

Icing conditions;

| (c) | Turbulence; |
| --- | --- |

(c)

Turbulence;

| (d) | Wind shear; |
| --- | --- |

(d)

Wind shear;

| (e) | Jet stream; |
| --- | --- |

(e)

Jet stream;

| (f) | Volcanic ash clouds; |
| --- | --- |

(f)

Volcanic ash clouds;

| (g) | Heavy precipitation; |
| --- | --- |

(g)

Heavy precipitation;

| (h) | Sand storms; |
| --- | --- |

(h)

Sand storms;

| (i) | Mountain waves; and |
| --- | --- |

(i)

Mountain waves; and

| (j) | Significant Temperature inversions. |
| --- | --- |

(j)

Significant Temperature inversions.

| 8.3.9. | Wake Turbulence. Wake turbulence separation criteria, taking into account aeroplane types, wind conditions and runway location. |
| --- | --- |

8.3.9.

Wake Turbulence. Wake turbulence separation criteria, taking into account aeroplane types, wind conditions and runway location.

| 8.3.10. | Crew members at their stations. The requirements for crew members to occupy their assigned stations or seats during the different phases of flight or whenever deemed necessary in the interest of safety and also include procedures for controlled rest on the flight deck. |
| --- | --- |

8.3.10.

Crew members at their stations. The requirements for crew members to occupy their assigned stations or seats during the different phases of flight or whenever deemed necessary in the interest of safety and also include procedures for controlled rest on the flight deck.

| 8.3.11. | Use of safety belts for crew and passengers. The requirements for crew members and passengers to use safety belts and/or harnesses during the different phases of flight or whenever deemed necessary in the interest of safety. |
| --- | --- |

8.3.11.

Use of safety belts for crew and passengers. The requirements for crew members and passengers to use safety belts and/or harnesses during the different phases of flight or whenever deemed necessary in the interest of safety.

| 8.3.12. | Admission to Flight Deck. The conditions for the admission to the flight deck of persons other than the flight crew. The policy regarding the admission of Inspectors from the Authority must also be included. |
| --- | --- |

8.3.12.

Admission to Flight Deck. The conditions for the admission to the flight deck of persons other than the flight crew. The policy regarding the admission of Inspectors from the Authority must also be included.

| 8.3.13. | Use of vacant crew seats. The conditions and procedures for the use of vacant crew seats. |
| --- | --- |

8.3.13.

Use of vacant crew seats. The conditions and procedures for the use of vacant crew seats.

| 8.3.14. | Incapacitation of crew members. Procedures to be followed in the event of incapacitation of crew members in flight. Examples of the types of incapacitation and the means for recognising them must be included. |
| --- | --- |

8.3.14.

Incapacitation of crew members. Procedures to be followed in the event of incapacitation of crew members in flight. Examples of the types of incapacitation and the means for recognising them must be included.

| 8.3.15. | Cabin Safety Requirements. Procedures covering:






  (a) | Cabin preparation for flight, in-flight requirements and preparation for landing including procedures for securing cabin and galleys; |
| --- | --- | --- |

8.3.15.

Cabin Safety Requirements. Procedures covering:

(a)

Cabin preparation for flight, in-flight requirements and preparation for landing including procedures for securing cabin and galleys;

| (b) | Procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane; |
| --- | --- |

(b)

Procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane;

| (c) | Procedures to be followed during passenger embarkation and disembarkation; and |
| --- | --- |

(c)

Procedures to be followed during passenger embarkation and disembarkation; and

| (d) | Procedures when refuelling/defuelling with passengers embarking, on board or disembarking. |
| --- | --- |

(d)

Procedures when refuelling/defuelling with passengers embarking, on board or disembarking.

| (e) | Smoking on board. |
| --- | --- |

(e)

Smoking on board.

| 8.3.16. | Passenger briefing procedures. The contents, means and timing of passenger briefing in accordance with OPS 1.285. |
| --- | --- |

8.3.16.

Passenger briefing procedures. The contents, means and timing of passenger briefing in accordance with OPS 1.285.

| 8.3.17. | Procedures for aeroplanes operated whenever required cosmic or solar radiation detection equipment is carried. Procedures for the use of cosmic or solar radiation detection equipment and for recording its readings including actions to be taken in the event that limit values specified in the Operations Manual are exceeded. In addition, the procedures, including ATS procedures, to be followed in the event that a decision to descend or re-route is taken. |
| --- | --- |

8.3.17.

Procedures for aeroplanes operated whenever required cosmic or solar radiation detection equipment is carried. Procedures for the use of cosmic or solar radiation detection equipment and for recording its readings including actions to be taken in the event that limit values specified in the Operations Manual are exceeded. In addition, the procedures, including ATS procedures, to be followed in the event that a decision to descend or re-route is taken.

| 8.3.18 | Policy on the use of Autopilot and Auto throttle. |
| --- | --- |

8.3.18

Policy on the use of Autopilot and Auto throttle.

| 8.4. | All Weather Operations. A description of the operational procedures associated with All Weather operations (See also OPS Subpart D and E). |
| --- | --- |

8.4.

All Weather Operations. A description of the operational procedures associated with All Weather operations (See also OPS Subpart D and E).

| 8.5. | ETOPS. A description of the ETOPS operational procedures. |
| --- | --- |

8.5.

ETOPS. A description of the ETOPS operational procedures.

| 8.6. | Use of the Minimum Equipment and Configuration Deviation List(s) |
| --- | --- |

8.6.

Use of the Minimum Equipment and Configuration Deviation List(s)

8.7.   Non revenue flights. Procedures and limitations for:

| (a) | Training flights; |
| --- | --- |

(a)

Training flights;

| (b) | Test flights; |
| --- | --- |

(b)

Test flights;

| (c) | Delivery flights; |
| --- | --- |

(c)

Delivery flights;

| (d) | Ferry flights; |
| --- | --- |

(d)

Ferry flights;

| (e) | Demonstration flights; and |
| --- | --- |

(e)

Demonstration flights; and

| (f) | Positioning flights, including the kind of persons who may be carried on such flights. |
| --- | --- |

(f)

Positioning flights, including the kind of persons who may be carried on such flights.

8.8.   Oxygen Requirements

| 8.8.1. | An explanation of the conditions under which oxygen must be provided and used. |
| --- | --- |

8.8.1.

An explanation of the conditions under which oxygen must be provided and used.

| 8.8.2. | The oxygen requirements specified for:






  (a) | Flight crew; |
| --- | --- | --- |

8.8.2.

The oxygen requirements specified for:

(a)

Flight crew;

| (b) | Cabin crew; and |
| --- | --- |

(b)

Cabin crew; and

| (c) | Passengers. |
| --- | --- |

(c)

Passengers.

9.   DANGEROUS GOODS AND WEAPONS

| 9.1. | Information, instructions and general guidance on the transport of dangerous goods including:






  (a) | Operator's policy on the transport of dangerous goods; |
| --- | --- | --- |

9.1.

Information, instructions and general guidance on the transport of dangerous goods including:

(a)

Operator's policy on the transport of dangerous goods;

| (b) | Guidance on the requirements for acceptance, labelling, handling, stowage and segregation of dangerous goods; |
| --- | --- |

(b)

Guidance on the requirements for acceptance, labelling, handling, stowage and segregation of dangerous goods;

| (c) | Procedures for responding to emergency situations involving dangerous goods; |
| --- | --- |

(c)

Procedures for responding to emergency situations involving dangerous goods;

| (d) | Duties of all personnel involved as per OPS 1.1215; and |
| --- | --- |

(d)

Duties of all personnel involved as per OPS 1.1215; and

| (e) | Instructions on the carriage of the operator's employees. |
| --- | --- |

(e)

Instructions on the carriage of the operator's employees.

| 9.2. | The conditions under which weapons, munitions of war and sporting weapons may be carried. |
| --- | --- |

9.2.

The conditions under which weapons, munitions of war and sporting weapons may be carried.

10.   SECURITY

| 10.1. | Security instructions and guidance of a non-confidential nature which must include the authority and responsibilities of operations personnel. Policies and procedures for handling and reporting crime on board such as unlawful interference, sabotage, bomb threats, and hijacking must also be included. |
| --- | --- |

10.1.

Security instructions and guidance of a non-confidential nature which must include the authority and responsibilities of operations personnel. Policies and procedures for handling and reporting crime on board such as unlawful interference, sabotage, bomb threats, and hijacking must also be included.

| 10.2. | A description of preventative security measures and training.
  Note: Parts of the security instructions and guidance may be kept confidential. |
| --- | --- |

10.2.

A description of preventative security measures and training.

Note: Parts of the security instructions and guidance may be kept confidential.

11.   HANDLING, NOTIFYING AND REPORTING OCCURENCES

Procedures for the handling, notifying and reporting occurrences. This section must include:

| (a) | Definitions occurrences and of the relevant responsibilities of all persons involved; |
| --- | --- |

(a)

Definitions occurrences and of the relevant responsibilities of all persons involved;

| (b) | Illustrations of forms used for reporting all types of occurrences (or copies of the forms themselves), instructions on how they are to be completed, the addresses to which they should be sent and the time allowed for this to be done; |
| --- | --- |

(b)

Illustrations of forms used for reporting all types of occurrences (or copies of the forms themselves), instructions on how they are to be completed, the addresses to which they should be sent and the time allowed for this to be done;

| (c) | In the event of an accident, descriptions of which company departments, Authorities and other organisations that have to be notified, how this will be done and in what sequence; |
| --- | --- |

(c)

In the event of an accident, descriptions of which company departments, Authorities and other organisations that have to be notified, how this will be done and in what sequence;

| (d) | Procedures for verbal notification to air traffic service units of incidents involving ACAS RAs, bird hazards, dangerous goods and hazardous conditions; |
| --- | --- |

(d)

Procedures for verbal notification to air traffic service units of incidents involving ACAS RAs, bird hazards, dangerous goods and hazardous conditions;

| (e) | Procedures for submitting written reports on air traffic incidents, ACAS RAs, bird strikes, dangerous goods incidents or accidents, and unlawful interference; |
| --- | --- |

(e)

Procedures for submitting written reports on air traffic incidents, ACAS RAs, bird strikes, dangerous goods incidents or accidents, and unlawful interference;

| (f) | Reporting procedures to ensure compliance with OPS 1.085(b) and 1.420. These procedures must include internal safety related reporting procedures to be followed by crew members, designed to ensure that the commander is informed immediately of any incident that has endangered, or may have endangered, safety during flight and that he/she is provided with all relevant information. |
| --- | --- |

(f)

Reporting procedures to ensure compliance with OPS 1.085(b) and 1.420. These procedures must include internal safety related reporting procedures to be followed by crew members, designed to ensure that the commander is informed immediately of any incident that has endangered, or may have endangered, safety during flight and that he/she is provided with all relevant information.

12.   RULES OF THE AIR

Rules of the Air including:

| (a) | Visual and instrument flight rules; |
| --- | --- |

(a)

Visual and instrument flight rules;

| (b) | Territorial application of the Rules of the Air; |
| --- | --- |

(b)

Territorial application of the Rules of the Air;

| (c) | Communication procedures including COM-failure procedures; |
| --- | --- |

(c)

Communication procedures including COM-failure procedures;

| (d) | Information and instructions relating to the interception of civil aeroplanes; |
| --- | --- |

(d)

Information and instructions relating to the interception of civil aeroplanes;

| (e) | The circumstances in which a radio listening watch is to be maintained; |
| --- | --- |

(e)

The circumstances in which a radio listening watch is to be maintained;

| (f) | Signals; |
| --- | --- |

(f)

Signals;

| (g) | Time system used in operation; |
| --- | --- |

(g)

Time system used in operation;

| (h) | ATC clearances, adherence to flight plan and position reports; |
| --- | --- |

(h)

ATC clearances, adherence to flight plan and position reports;

| (i) | Visual signals used to warn an unauthorised aeroplane flying in or about to enter a restricted, prohibited or danger area; |
| --- | --- |

(i)

Visual signals used to warn an unauthorised aeroplane flying in or about to enter a restricted, prohibited or danger area;

| (j) | Procedures for pilots observing an accident or receiving a distress transmission; |
| --- | --- |

(j)

Procedures for pilots observing an accident or receiving a distress transmission;

| (k) | The ground/air visual codes for use by survivors, description and use of signal aids; and |
| --- | --- |

(k)

The ground/air visual codes for use by survivors, description and use of signal aids; and

| (l) | Distress and urgency signals. |
| --- | --- |

(l)

Distress and urgency signals.

13.   LEASING

A description of the operational arrangements for leasing, associated procedures and management responsibilities.

B.   AEROPLANE OPERATING MATTERS — TYPE RELATED

Taking account of the differences between types, and variants of types, under the following headings:

0.   GENERAL INFORMATION AND UNITS OF MEASUREMENT

| 0.1. | General Information (e.g. aeroplane dimensions), including a description of the units of measurement used for the operation of the aeroplane type concerned and conversion tables. |
| --- | --- |

0.1.

General Information (e.g. aeroplane dimensions), including a description of the units of measurement used for the operation of the aeroplane type concerned and conversion tables.

1.   LIMITATIONS

| 1.1. | A description of the certified limitations and the applicable operational limitations including:






  (a) | Certification status (e.g. CS-23, CS-25, ICAO Annex XVI (CS-36 and CS-34), etc.); |
| --- | --- | --- |

1.1.

A description of the certified limitations and the applicable operational limitations including:

(a)

Certification status (e.g. CS-23, CS-25, ICAO Annex XVI (CS-36 and CS-34), etc.);

| (b) | Passenger seating configuration for each aeroplane type including a pictorial presentation; |
| --- | --- |

(b)

Passenger seating configuration for each aeroplane type including a pictorial presentation;

| (c) | Types of operation that are approved (e.g. VFR/IFR, CAT II/III, RNP Type, flight in known icing conditions etc); |
| --- | --- |

(c)

Types of operation that are approved (e.g. VFR/IFR, CAT II/III, RNP Type, flight in known icing conditions etc);

| (d) | Crew composition; |
| --- | --- |

(d)

Crew composition;

| (e) | Mass and centre of gravity; |
| --- | --- |

(e)

Mass and centre of gravity;

| (f) | Speed limitations; |
| --- | --- |

(f)

Speed limitations;

| (g) | Flight envelope(s); |
| --- | --- |

(g)

Flight envelope(s);

| (h) | Wind limits including operations on contaminated runways; |
| --- | --- |

(h)

Wind limits including operations on contaminated runways;

| (i) | Performance limitations for applicable configurations; |
| --- | --- |

(i)

Performance limitations for applicable configurations;

| (j) | Runway slope; |
| --- | --- |

(j)

Runway slope;

| (k) | Limitations on wet or contaminated runways; |
| --- | --- |

(k)

Limitations on wet or contaminated runways;

| (l) | Airframe contamination; and |
| --- | --- |

(l)

Airframe contamination; and

| (m) | System limitations. |
| --- | --- |

(m)

System limitations.

2.   NORMAL PROCEDURES

| 2.1. | The normal procedures and duties assigned to the crew, the appropriate check-lists, the system for use of the check-lists and a statement covering the necessary coordination procedures between flight and cabin crew. The following normal procedures and duties must be included:






  (a) | Pre-flight; |
| --- | --- | --- |

2.1.

The normal procedures and duties assigned to the crew, the appropriate check-lists, the system for use of the check-lists and a statement covering the necessary coordination procedures between flight and cabin crew. The following normal procedures and duties must be included:

(a)

Pre-flight;

| (b) | Pre-departure; |
| --- | --- |

(b)

Pre-departure;

| (c) | Altimeter setting and checking; |
| --- | --- |

(c)

Altimeter setting and checking;

| (d) | Taxi, Take-Off and Climb; |
| --- | --- |

(d)

Taxi, Take-Off and Climb;

| (e) | Noise abatement; |
| --- | --- |

(e)

Noise abatement;

| (f) | Cruise and descent; |
| --- | --- |

(f)

Cruise and descent;

| (g) | Approach, Landing preparation and briefing; |
| --- | --- |

(g)

Approach, Landing preparation and briefing;

| (h) | VFR Approach; |
| --- | --- |

(h)

VFR Approach;

| (i) | Instrument approach; |
| --- | --- |

(i)

Instrument approach;

| (j) | Visual Approach and circling; |
| --- | --- |

(j)

Visual Approach and circling;

| (k) | Missed Approach; |
| --- | --- |

(k)

Missed Approach;

| (l) | Normal Landing; |
| --- | --- |

(l)

Normal Landing;

| (m) | Post Landing; and |
| --- | --- |

(m)

Post Landing; and

| (n) | Operation on wet and contaminated runways. |
| --- | --- |

(n)

Operation on wet and contaminated runways.

3.   ABNORMAL AND EMERGENCY PROCEDURES

| 3.1. | The abnormal and emergency procedures and duties assigned to the crew, the appropriate check-lists, the system for use of the check-lists and a statement covering the necessary coordination procedures between flight and cabin crew. The following abnormal and emergency procedures and duties must be included:






  (a) | Crew Incapacitation; |
| --- | --- | --- |

3.1.

The abnormal and emergency procedures and duties assigned to the crew, the appropriate check-lists, the system for use of the check-lists and a statement covering the necessary coordination procedures between flight and cabin crew. The following abnormal and emergency procedures and duties must be included:

(a)

Crew Incapacitation;

| (b) | Fire and Smoke Drills; |
| --- | --- |

(b)

Fire and Smoke Drills;

| (c) | Unpressurised and partially pressurised flight; |
| --- | --- |

(c)

Unpressurised and partially pressurised flight;

| (d) | Exceeding structural limits such as overweight landing; |
| --- | --- |

(d)

Exceeding structural limits such as overweight landing;

| (e) | Exceeding cosmic radiation limits; |
| --- | --- |

(e)

Exceeding cosmic radiation limits;

| (f) | Lightning Strikes; |
| --- | --- |

(f)

Lightning Strikes;

| (g) | Distress Communications and alerting ATC to Emergencies; |
| --- | --- |

(g)

Distress Communications and alerting ATC to Emergencies;

| (h) | Engine failure; |
| --- | --- |

(h)

Engine failure;

| (i) | System failures; |
| --- | --- |

(i)

System failures;

| (j) | Guidance for Diversion in case of Serious Technical Failure; |
| --- | --- |

(j)

Guidance for Diversion in case of Serious Technical Failure;

| (k) | Ground Proximity Warning; |
| --- | --- |

(k)

Ground Proximity Warning;

| (l) | TCAS Warning; |
| --- | --- |

(l)

TCAS Warning;

| (m) | Wind shear; and |
| --- | --- |

(m)

Wind shear; and

| (n) | Emergency Landing/Ditching; and |
| --- | --- |

(n)

Emergency Landing/Ditching; and

| (o) | Departure contingency procedures. |
| --- | --- |

(o)

Departure contingency procedures.

4.   PERFORMANCE

| 4.0. | Performance data must be provided in a form in which it can be used without difficulty. |
| --- | --- |

4.0.

Performance data must be provided in a form in which it can be used without difficulty.

| 4.1. | Performance data. Performance material which provides the necessary data for compliance with the performance requirements prescribed in OPS 1 Subparts F, G, H and I must be included to allow the determination of:






  (a) | Take-off climb limits — Mass, Altitude, Temperature; |
| --- | --- | --- |

4.1.

Performance data. Performance material which provides the necessary data for compliance with the performance requirements prescribed in OPS 1 Subparts F, G, H and I must be included to allow the determination of:

(a)

Take-off climb limits — Mass, Altitude, Temperature;

| (b) | Take-off field length (dry, wet, contaminated); |
| --- | --- |

(b)

Take-off field length (dry, wet, contaminated);

| (c) | Net flight path data for obstacle clearance calculation or, where applicable, take-off flight path; |
| --- | --- |

(c)

Net flight path data for obstacle clearance calculation or, where applicable, take-off flight path;

| (d) | The gradient losses for banked climb outs; |
| --- | --- |

(d)

The gradient losses for banked climb outs;

| (e) | En-route climb limits; |
| --- | --- |

(e)

En-route climb limits;

| (f) | Approach climb limits; |
| --- | --- |

(f)

Approach climb limits;

| (g) | Landing climb limits; |
| --- | --- |

(g)

Landing climb limits;

| (h) | Landing field length (dry, wet, contaminated) including the effects of an in-flight failure of a system or device, if it affects the landing distance; |
| --- | --- |

(h)

Landing field length (dry, wet, contaminated) including the effects of an in-flight failure of a system or device, if it affects the landing distance;

| (i) | Brake energy limits; and |
| --- | --- |

(i)

Brake energy limits; and

| (j) | Speeds applicable for the various flight stages (also considering wet or contaminated runways). |
| --- | --- |

(j)

Speeds applicable for the various flight stages (also considering wet or contaminated runways).

| 4.1.1. | Supplementary data covering flights in icing conditions. Any certificated performance related to an allowable configuration, or configuration deviation, such as anti-skid inoperative, must be included. |
| --- | --- |

4.1.1.

Supplementary data covering flights in icing conditions. Any certificated performance related to an allowable configuration, or configuration deviation, such as anti-skid inoperative, must be included.

| 4.1.2. | If performance Data, as required for the appropriate performance class, is not available in the approved AFM, then other data acceptable to the Authority must be included. Alternatively, the Operations Manual may contain cross-reference to the approved Data contained in the AFM where such Data is not likely to be used often or in an emergency. |
| --- | --- |

4.1.2.

If performance Data, as required for the appropriate performance class, is not available in the approved AFM, then other data acceptable to the Authority must be included. Alternatively, the Operations Manual may contain cross-reference to the approved Data contained in the AFM where such Data is not likely to be used often or in an emergency.

| 4.2. | Additional Performance Data. Additional performance data where applicable including:






  (a) | All engine climb gradients; |
| --- | --- | --- |

4.2.

Additional Performance Data. Additional performance data where applicable including:

(a)

All engine climb gradients;

| (b) | Drift-down data; |
| --- | --- |

(b)

Drift-down data;

| (c) | Effect of de-icing/anti-icing fluids; |
| --- | --- |

(c)

Effect of de-icing/anti-icing fluids;

| (d) | Flight with landing gear down; |
| --- | --- |

(d)

Flight with landing gear down;

| (e) | For aeroplanes with 3 or more engines, one engine inoperative ferry flights; and |
| --- | --- |

(e)

For aeroplanes with 3 or more engines, one engine inoperative ferry flights; and

| (f) | Flights conducted under the provisions of the CDL. |
| --- | --- |

(f)

Flights conducted under the provisions of the CDL.

5.   FLIGHT PLANNING

| 5.1. | Data and instructions necessary for pre-flight and in-flight planning including factors such as speed schedules and power settings. Where applicable, procedures for engine(s)-out operations, ETOPS (particularly the one-engine-inoperative cruise speed and maximum distance to an adequate aerodrome determined in accordance with OPS 1.245) and flights to isolated aerodromes must be included. |
| --- | --- |

5.1.

Data and instructions necessary for pre-flight and in-flight planning including factors such as speed schedules and power settings. Where applicable, procedures for engine(s)-out operations, ETOPS (particularly the one-engine-inoperative cruise speed and maximum distance to an adequate aerodrome determined in accordance with OPS 1.245) and flights to isolated aerodromes must be included.

| 5.2. | The method for calculating fuel needed for the various stages of flight, in accordance with OPS 1.255. |
| --- | --- |

5.2.

The method for calculating fuel needed for the various stages of flight, in accordance with OPS 1.255.

6.   MASS AND BALANCE

Instructions and data for the calculation of the mass and balance including:

| (a) | Calculation system (e.g. Index system); |
| --- | --- |

(a)

Calculation system (e.g. Index system);

| (b) | Information and instructions for completion of mass and balance documentation, including manual and computer generated types; |
| --- | --- |

(b)

Information and instructions for completion of mass and balance documentation, including manual and computer generated types;

| (c) | Limiting masses and centre of gravity for the types, variants or individual aeroplanes used by the operator; and |
| --- | --- |

(c)

Limiting masses and centre of gravity for the types, variants or individual aeroplanes used by the operator; and

| (d) | Dry Operating mass and corresponding centre of gravity or index. |
| --- | --- |

(d)

Dry Operating mass and corresponding centre of gravity or index.

7.   LOADING

Procedures and provisions for loading and securing the load in the aeroplane.

8.   CONFIGURATION DEVIATION LIST

The Configuration Deviation List(s) (CDL), if provided by the manufacturer, taking account of the aeroplane types and variants operated including procedures to be followed when an aeroplane is being despatched under the terms of its CDL

9.   MINIMUM EQUIPMENT LIST

The Minimum Equipment List (MEL) taking account of the aeroplane types and variants operated and the type(s)/area(s) of operation. The MEL must include the navigational equipment and take into account the required performance for the route and area of operation.

10.   SURVIVAL AND EMERGENCY EQUIPMENT INCLUDING OXYGEN

| 10.1. | A list of the survival equipment to be carried for the routes to be flown and the procedures for checking the serviceability of this equipment prior to take-off. Instructions regarding the location, accessibility and use of survival and emergency equipment and its associated check list(s) must also be included. |
| --- | --- |

10.1.

A list of the survival equipment to be carried for the routes to be flown and the procedures for checking the serviceability of this equipment prior to take-off. Instructions regarding the location, accessibility and use of survival and emergency equipment and its associated check list(s) must also be included.

| 10.2. | The procedure for determining the amount of oxygen required and the quantity that is available. The flight profile, number of occupants and possible cabin decompression must be considered. The information provided must be in a form in which it can be used without difficulty. |
| --- | --- |

10.2.

The procedure for determining the amount of oxygen required and the quantity that is available. The flight profile, number of occupants and possible cabin decompression must be considered. The information provided must be in a form in which it can be used without difficulty.

11.   EMERGENCY EVACUATION PROCEDURES

| 11.1. | Instructions for preparation for emergency evacuation including crew co-ordination and emergency station assignment. |
| --- | --- |

11.1.

Instructions for preparation for emergency evacuation including crew co-ordination and emergency station assignment.

| 11.2. | Emergency evacuation procedures. A description of the duties of all members of the crew for the rapid evacuation of an aeroplane and the handling of the passengers in the event of a forced landing, ditching or other emergency. |
| --- | --- |

11.2.

Emergency evacuation procedures. A description of the duties of all members of the crew for the rapid evacuation of an aeroplane and the handling of the passengers in the event of a forced landing, ditching or other emergency.

12.   AEROPLANE SYSTEMS

A description of the aeroplane systems, related controls and indications and operating instructions.

C.   ROUTE AND AERODROME INSTRUCTIONS AND INFORMATION

| 1. | Instructions and information relating to communications, navigation and aerodromes including minimum flight levels and altitudes for each route to be flown and operating minima for each aerodrome planned to be used, including:






  (a) | Minimum flight level/altitude; |
| --- | --- | --- |

1.

Instructions and information relating to communications, navigation and aerodromes including minimum flight levels and altitudes for each route to be flown and operating minima for each aerodrome planned to be used, including:

(a)

Minimum flight level/altitude;

| (b) | Operating minima for departure, destination and alternate aerodromes; |
| --- | --- |

(b)

Operating minima for departure, destination and alternate aerodromes;

| (c) | Communication facilities and navigation aids; |
| --- | --- |

(c)

Communication facilities and navigation aids;

| (d) | Runway data and aerodrome facilities; |
| --- | --- |

(d)

Runway data and aerodrome facilities;

| (e) | Approach, missed approach and departure procedures including noise abatement procedures; |
| --- | --- |

(e)

Approach, missed approach and departure procedures including noise abatement procedures;

| (f) | COM-failure procedures; |
| --- | --- |

(f)

COM-failure procedures;

| (g) | Search and rescue facilities in the area over which the aeroplane is to be flown; |
| --- | --- |

(g)

Search and rescue facilities in the area over which the aeroplane is to be flown;

| (h) | A description of the aeronautical charts that must be carried on board in relation to the type of flight and the route to be flown, including the method to check their validity; |
| --- | --- |

(h)

A description of the aeronautical charts that must be carried on board in relation to the type of flight and the route to be flown, including the method to check their validity;

| (i) | Availability of aeronautical information and MET services; |
| --- | --- |

(i)

Availability of aeronautical information and MET services;

| (j) | En-route COM/NAV procedures; |
| --- | --- |

(j)

En-route COM/NAV procedures;

| (k) | Aerodrome categorisation for flight crew competence qualification |
| --- | --- |

(k)

Aerodrome categorisation for flight crew competence qualification

| (l) | Special aerodrome limitations (performance limitations and operating procedures). |
| --- | --- |

(l)

Special aerodrome limitations (performance limitations and operating procedures).

D.   TRAINING

| 1. | Training syllabi and checking programmes for all operations personnel assigned to operational duties in connection with the preparation and/or conduct of a flight. |
| --- | --- |

1.

Training syllabi and checking programmes for all operations personnel assigned to operational duties in connection with the preparation and/or conduct of a flight.

| 2. | Training syllabi and checking programmes must include: |
| --- | --- |

2.

Training syllabi and checking programmes must include:

| 2.1. | For flight crew. All relevant items prescribed in Subpart E and N; |
| --- | --- |

2.1.

For flight crew. All relevant items prescribed in Subpart E and N;

| 2.2. | For cabin crew. All relevant items prescribed in Subpart O; |
| --- | --- |

2.2.

For cabin crew. All relevant items prescribed in Subpart O;

| 2.3. | For operations personnel concerned, including crew members:






  (a) | All relevant items prescribed in Subpart R (Transport of Dangerous Goods by Air); and |
| --- | --- | --- |

2.3.

For operations personnel concerned, including crew members:

(a)

All relevant items prescribed in Subpart R (Transport of Dangerous Goods by Air); and

| (b) | All relevant items prescribed in Subpart S (Security). |
| --- | --- |

(b)

All relevant items prescribed in Subpart S (Security).

| 2.4. | For operations personnel other than crew members (e.g. dispatcher, handling personnel etc.). All other relevant items prescribed in OPS pertaining to their duties. |
| --- | --- |

2.4.

For operations personnel other than crew members (e.g. dispatcher, handling personnel etc.). All other relevant items prescribed in OPS pertaining to their duties.

| 3. | Procedures |
| --- | --- |

3.

Procedures

| 3.1. | Procedures for training and checking. |
| --- | --- |

3.1.

Procedures for training and checking.

| 3.2. | Procedures to be applied in the event that personnel do not achieve or maintain the required standards. |
| --- | --- |

3.2.

Procedures to be applied in the event that personnel do not achieve or maintain the required standards.

| 3.3. | Procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means are not simulated during commercial air transportation flights. |
| --- | --- |

3.3.

Procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means are not simulated during commercial air transportation flights.

| 4. | Description of documentation to be stored and storage periods (See Appendix 1 to OPS 1.1065). |
| --- | --- |

4.

Description of documentation to be stored and storage periods (See Appendix 1 to OPS 1.1065).

Appendix 1 to OPS 1.1065

Document storage periods

An operator shall ensure that the following information/documentation is stored in an acceptable form, accessible to the Authority, for the periods shown in the Tables below.

Note: Additional information relating to maintenance records is prescribed in Part-M.

Table 1

Information used for the preparation and execution of a flight

| Information used for the preparation and execution of the flight as described in OPS 1.135 |
| --- |
| Operational flight plan | 3 months |
| Aeroplane Technical log | 36 months after the date of the last entry, in accordance with Part M M.A.306(c) |
| Route specific NOTAM/AIS briefing documentation if edited by the operator | 3 months |
| Mass and balance documentation | 3 months |
| Notification of special loads including dangerous goods | 3 months |

Information used for the preparation and execution of the flight as described in OPS 1.135

Operational flight plan

3 months

Aeroplane Technical log

36 months after the date of the last entry, in accordance with Part M M.A.306(c)

Route specific NOTAM/AIS briefing documentation if edited by the operator

3 months

Mass and balance documentation

3 months

Notification of special loads including dangerous goods

3 months

Table 2

Reports

| Reports |
| --- |
| Journey log | 3 months |
| Flight report(s) for recording details of any occurrence, as prescribed in OPS 1.420, or any event which the commander deems necessary to report/record | 3 months |
| Reports on exceedances of duty and/or reducing rest periods | 3 months |

Reports

Journey log

3 months

Flight report(s) for recording details of any occurrence, as prescribed in OPS 1.420, or any event which the commander deems necessary to report/record

3 months

Reports on exceedances of duty and/or reducing rest periods

3 months

Table 3

Flight crew records

| Flight Crew Records |
| --- |
| Flight, Duty and Rest time | 15 months |
| Licence | As long as the flight crew member is exercising the privileges of the licence for the operator |
| Conversion training and checking | 3 years |
| Command course (including checking) | 3 years |
| Recurrent training and checking | 3 years |
| Training and checking to operate in either pilot's seat | 3 years |
| Recent experience (OPS 1.970 refers) | 15 months |
| Route and aerodrome competence (OPS1.975 refers) | 3 years |
| Training and qualification for specific operations when required by OPS (e.g. ETOPS CATII/III operations) | 3 years |
| Dangerous Goods training as appropriate | 3 years |

Flight Crew Records

Flight, Duty and Rest time

15 months

Licence

As long as the flight crew member is exercising the privileges of the licence for the operator

Conversion training and checking

3 years

Command course (including checking)

3 years

Recurrent training and checking

3 years

Training and checking to operate in either pilot's seat

3 years

Recent experience (OPS 1.970 refers)

15 months

Route and aerodrome competence (OPS1.975 refers)

3 years

Training and qualification for specific operations when required by OPS (e.g. ETOPS CATII/III operations)

3 years

Dangerous Goods training as appropriate

3 years

Table 4

Cabin crew records

| Cabin Crew Records |
| --- |
| Flight, Duty and Rest time | 15 months |
| Initial training, conversion and differences training (including checking) | As long as the cabin crew member is employed by the operator |
| Recurrent training and refresher (including checking) | Until 12 months after the cabin crew member has left the employ of the operator |
| Dangerous Goods training as appropriate | 3 years |

Cabin Crew Records

Flight, Duty and Rest time

15 months

Initial training, conversion and differences training (including checking)

As long as the cabin crew member is employed by the operator

Recurrent training and refresher (including checking)

Until 12 months after the cabin crew member has left the employ of the operator

Dangerous Goods training as appropriate

3 years

Table 5

Records for other operations personnel

| Records for other operations personnel |
| --- |
| Training/qualification records of other personnel for whom an approved training programme is required by OPS | Last 2 training records |

Records for other operations personnel

Training/qualification records of other personnel for whom an approved training programme is required by OPS

Last 2 training records

Table 6

Other records

| Other Records |
| --- |
| Records on cosmic and solar radiation dosage | Until 12 months after the crew member has left the employ of the operator |
| Quality System records | 5 years |
| Dangerous Goods Transport Document | 3 months after completion of the flight |
| Dangerous Goods Acceptance Checklist | 3 months after completion of the flight |

Other Records

Records on cosmic and solar radiation dosage

Until 12 months after the crew member has left the employ of the operator

Quality System records

5 years

Dangerous Goods Transport Document

3 months after completion of the flight

Dangerous Goods Acceptance Checklist

3 months after completion of the flight

SUBPART Q

FLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS

OPS 1.1090

Objective and scope

| 1. | An operator shall establish a flight and duty time limitations and rest scheme (FTL) for crew members. |
| --- | --- |

1.

An operator shall establish a flight and duty time limitations and rest scheme (FTL) for crew members.

| 2. | An operator shall ensure that for all its flights: |
| --- | --- |

2.

An operator shall ensure that for all its flights:

| 2.1. | The flight and duty time limitations and rest scheme is in accordance with both:






  (a) | the provisions of this Subpart; and |
| --- | --- | --- |

2.1.

The flight and duty time limitations and rest scheme is in accordance with both:

(a)

the provisions of this Subpart; and

| (b) | any additional provisions that are applied by the Authority in accordance with the provisions of this Subpart for the purpose of maintaining safety. |
| --- | --- |

(b)

any additional provisions that are applied by the Authority in accordance with the provisions of this Subpart for the purpose of maintaining safety.

| 2.2. | Flights are planned to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the flight and turn-around times. |
| --- | --- |

2.2.

Flights are planned to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the flight and turn-around times.

| 2.3. | Duty rosters will be prepared and published sufficiently in advance to provide the opportunity for crew members to plan adequate rest. |
| --- | --- |

2.3.

Duty rosters will be prepared and published sufficiently in advance to provide the opportunity for crew members to plan adequate rest.

| 3. | Operators' responsibilities |
| --- | --- |

3.

Operators' responsibilities

| 3.1. | An operator shall nominate a home base for each crew member. |
| --- | --- |

3.1.

An operator shall nominate a home base for each crew member.

| 3.2. | Operators shall be expected to appreciate the relationship between the frequencies and pattern of flight duty periods and rest periods and give due consideration to the cumulative effects of undertaking long duty hours interspersed with minimum rest. |
| --- | --- |

3.2.

Operators shall be expected to appreciate the relationship between the frequencies and pattern of flight duty periods and rest periods and give due consideration to the cumulative effects of undertaking long duty hours interspersed with minimum rest.

| 3.3. | Operators shall allocate duty patterns which avoid such undesirable practices as alternating day/night duties or the positioning of crew members so that a serious disruption of established sleep/work pattern occurs. |
| --- | --- |

3.3.

Operators shall allocate duty patterns which avoid such undesirable practices as alternating day/night duties or the positioning of crew members so that a serious disruption of established sleep/work pattern occurs.

| 3.4. | Operators shall plan local days free of duty and notify crew members in advance. |
| --- | --- |

3.4.

Operators shall plan local days free of duty and notify crew members in advance.

| 3.5. | Operators shall ensure that rest periods provide sufficient time to enable crew to overcome the effects of the previous duties and to be well rested by the start of the following flight duty period. |
| --- | --- |

3.5.

Operators shall ensure that rest periods provide sufficient time to enable crew to overcome the effects of the previous duties and to be well rested by the start of the following flight duty period.

| 3.6. | Operators shall ensure flight duty periods are planned to enable crew members to remain sufficiently free from fatigue so they can operate to a satisfactory level of safety under all circumstances. |
| --- | --- |

3.6.

Operators shall ensure flight duty periods are planned to enable crew members to remain sufficiently free from fatigue so they can operate to a satisfactory level of safety under all circumstances.

| 4. | Crew Members' responsibilities |
| --- | --- |

4.

Crew Members' responsibilities

| 4.1. | A crew member shall not operate an aeroplane if he/she knows that he/she is suffering from or is likely to suffer from fatigue or feels unfit, to the extent that the flight may be endangered. |
| --- | --- |

4.1.

A crew member shall not operate an aeroplane if he/she knows that he/she is suffering from or is likely to suffer from fatigue or feels unfit, to the extent that the flight may be endangered.

| 4.2. | Crew members should make optimum use of the opportunities and facilities for rest provided and plan and use their rest periods properly. |
| --- | --- |

4.2.

Crew members should make optimum use of the opportunities and facilities for rest provided and plan and use their rest periods properly.

| 5. | Responsibilities of Civil Aviation Authorities |
| --- | --- |

5.

Responsibilities of Civil Aviation Authorities

| 5.1. | Variations |
| --- | --- |

5.1.

Variations

| 5.1.1. | Subject to the provisions of Article 8, the Authority may grant variations to the requirements in this Subpart in accordance with applicable laws and procedures within the Member States concerned and in consultation with interested parties. |
| --- | --- |

5.1.1.

Subject to the provisions of Article 8, the Authority may grant variations to the requirements in this Subpart in accordance with applicable laws and procedures within the Member States concerned and in consultation with interested parties.

| 5.1.2. | Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors such as current scientific knowledge, that its request for a variation produces an equivalent level of safety. |
| --- | --- |

5.1.2.

Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors such as current scientific knowledge, that its request for a variation produces an equivalent level of safety.

Such variations will be accompanied with suitable mitigation measures where appropriate.

OPS 1.1095

Definitions

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

| 1.1. | Augmented flight crew:
  A flight crew which comprises more than the minimum number required for the operation of the aeroplane and in which each flight crew member can leave his/her post and be replaced by another appropriately qualified flight crew member. |
| --- | --- |

1.1.

Augmented flight crew:

A flight crew which comprises more than the minimum number required for the operation of the aeroplane and in which each flight crew member can leave his/her post and be replaced by another appropriately qualified flight crew member.

| 1.2. | Block Time:
  The time between an aeroplane first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are stopped. |
| --- | --- |

1.2.

Block Time:

The time between an aeroplane first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are stopped.

| 1.3. | Break:
  A period free of all duties, which counts as duty, being less than a rest period. |
| --- | --- |

1.3.

Break:

A period free of all duties, which counts as duty, being less than a rest period.

| 1.4. | Duty:
  Any task that a crew member is required to carry out associated with the business of an AOC holder. Unless where specific rules are provided for by this Regulation, the Authority shall define whether and to what extent standby is to be accounted for as duty. |
| --- | --- |

1.4.

Duty:

Any task that a crew member is required to carry out associated with the business of an AOC holder. Unless where specific rules are provided for by this Regulation, the Authority shall define whether and to what extent standby is to be accounted for as duty.

| 1.5. | Duty period:
  A period which starts when a crew member is required by an operator to commence a duty and ends when the crew member is free from all duties. |
| --- | --- |

1.5.

Duty period:

A period which starts when a crew member is required by an operator to commence a duty and ends when the crew member is free from all duties.

| 1.6. | Flight Duty Period:
  A Flight Duty Period (FDP) is any time during which a person operates in an aircraft as a member of its crew. The FDP starts when the crew member is required by an operator to report for a flight or a series of flights; it finishes at the end of the last flight on which he/she is an operating crew member. |
| --- | --- |

1.6.

Flight Duty Period:

A Flight Duty Period (FDP) is any time during which a person operates in an aircraft as a member of its crew. The FDP starts when the crew member is required by an operator to report for a flight or a series of flights; it finishes at the end of the last flight on which he/she is an operating crew member.

| 1.7. | Home base:
  The location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned. |
| --- | --- |

1.7.

Home base:

The location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned.

| 1.8. | Local Day:
  A 24 hour period commencing at 00:00 local time. |
| --- | --- |

1.8.

Local Day:

A 24 hour period commencing at 00:00 local time.

| 1.9. | Local Night:
  A period of 8 hours falling between 22:00 hours and 08:00 hours local time. |
| --- | --- |

1.9.

Local Night:

A period of 8 hours falling between 22:00 hours and 08:00 hours local time.

| 1.10. | A Single Day Free of Duty:
  A single day free of duty shall include two local nights. A rest period may be included as part of the day off. |
| --- | --- |

1.10.

A Single Day Free of Duty:

A single day free of duty shall include two local nights. A rest period may be included as part of the day off.

| 1.11. | Operating crew member:
  A crew member who carries out his/her duties in an aircraft during a flight or during any part of a flight. |
| --- | --- |

1.11.

Operating crew member:

A crew member who carries out his/her duties in an aircraft during a flight or during any part of a flight.

| 1.12 | Positioning:
  The transferring of a non-operating crew member from place to place, at the behest of the operator, excluding travelling time. Travelling time is defined as:






  — | time from home to a designated reporting place and vice versa; |
| --- | --- | --- |

1.12

Positioning:

The transferring of a non-operating crew member from place to place, at the behest of the operator, excluding travelling time. Travelling time is defined as:

—

time from home to a designated reporting place and vice versa;

| — | time for local transfer from a place of rest to the commencement of duty and vice versa. |
| --- | --- |

—

time for local transfer from a place of rest to the commencement of duty and vice versa.

| 1.13. | Rest Period:
  An uninterrupted and defined period of time during which a crew member is free from all duties and airport standby. |
| --- | --- |

1.13.

Rest Period:

An uninterrupted and defined period of time during which a crew member is free from all duties and airport standby.

| 1.14. | Standby:
  A defined period of time during which a crew member is required by the operator to be available to receive an assignment for a flight, positioning or other duty without an intervening rest period. |
| --- | --- |

1.14.

Standby:

A defined period of time during which a crew member is required by the operator to be available to receive an assignment for a flight, positioning or other duty without an intervening rest period.

| 1.15. | Window of Circadian Low (WOCL):
  The Window of Circadian Low (WOCL) is the period between 02:00 hours and 05:59 hours. Within a band of three time zones the WOCL refers to home base time. Beyond these three time zones the WOCL refers to home base time for the first 48 hours after departure from home base time zone, and to local time thereafter. |
| --- | --- |

1.15.

Window of Circadian Low (WOCL):

The Window of Circadian Low (WOCL) is the period between 02:00 hours and 05:59 hours. Within a band of three time zones the WOCL refers to home base time. Beyond these three time zones the WOCL refers to home base time for the first 48 hours after departure from home base time zone, and to local time thereafter.

OPS 1.1100

Flight and duty limitations

| 1.1. | Cumulative Duty Hours
  An operator shall ensure that the total duty periods to which a crew member is assigned do not exceed:






  (a) | 190 duty hours in any 28 consecutive days, spread as evenly as practicable throughout this period; and |
| --- | --- | --- |

1.1.

Cumulative Duty Hours

An operator shall ensure that the total duty periods to which a crew member is assigned do not exceed:

(a)

190 duty hours in any 28 consecutive days, spread as evenly as practicable throughout this period; and

| (b) | 60 duty hours in any 7 consecutive days. |
| --- | --- |

(b)

60 duty hours in any 7 consecutive days.

| 1.2. | Limit on total block times
  An operator shall ensure that the total block times of the flights on which an individual crew member is assigned as an operating crew member does not exceed






  (a) | 900 block hours in a calendar year; |
| --- | --- | --- |

1.2.

Limit on total block times

An operator shall ensure that the total block times of the flights on which an individual crew member is assigned as an operating crew member does not exceed

(a)

900 block hours in a calendar year;

| (b) | 100 block hours in any 28 consecutive days. |
| --- | --- |

(b)

100 block hours in any 28 consecutive days.

OPS 1.1105

Maximum daily flight duty period (FDP)

| 1.1. | This OPS does not apply to single pilot operations and to emergency medical service operations. |
| --- | --- |

1.1.

This OPS does not apply to single pilot operations and to emergency medical service operations.

| 1.2. | An operator shall specify reporting times that realistically reflect the time for safety related ground duties as approved by the Authority. |
| --- | --- |

1.2.

An operator shall specify reporting times that realistically reflect the time for safety related ground duties as approved by the Authority.

| 1.3. | The maximum basic daily FDP is 13 hours. |
| --- | --- |

1.3.

The maximum basic daily FDP is 13 hours.

| 1.4. | These 13 hours will be reduced by 30 minutes for each sector from the third sector onwards with a maximum total reduction of two hours. |
| --- | --- |

1.4.

These 13 hours will be reduced by 30 minutes for each sector from the third sector onwards with a maximum total reduction of two hours.

| 1.5. | When the FDP starts in the WOCL, the maximum stated in point 1.3 and point 1.4 will be reduced by 100 % of its encroachment up to a maximum of two hours. When the FDP ends in or fully encompasses the WOCL, the maximum FDP stated in point 1.3 and point 1.4 will be reduced by 50 % of its encroachment. |
| --- | --- |

1.5.

When the FDP starts in the WOCL, the maximum stated in point 1.3 and point 1.4 will be reduced by 100 % of its encroachment up to a maximum of two hours. When the FDP ends in or fully encompasses the WOCL, the maximum FDP stated in point 1.3 and point 1.4 will be reduced by 50 % of its encroachment.

| 2. | Extensions: |
| --- | --- |

2.

Extensions:

| 2.1. | The maximum daily FDP can be extended by up to one hour. |
| --- | --- |

2.1.

The maximum daily FDP can be extended by up to one hour.

| 2.2. | Extensions are not allowed for a basic FDP of 6 sectors or more. |
| --- | --- |

2.2.

Extensions are not allowed for a basic FDP of 6 sectors or more.

| 2.3. | Where an FDP encroaches on the WOCL by up to two hours extensions are limited to up to four sectors. |
| --- | --- |

2.3.

Where an FDP encroaches on the WOCL by up to two hours extensions are limited to up to four sectors.

| 2.4. | Where an FDP encroaches on the WOCL by more than two hours extensions are limited to up to two sectors. |
| --- | --- |

2.4.

Where an FDP encroaches on the WOCL by more than two hours extensions are limited to up to two sectors.

| 2.5. | The maximum number of extensions is two in any 7 consecutive days. |
| --- | --- |

2.5.

The maximum number of extensions is two in any 7 consecutive days.

| 2.6. | Where an FDP is planned to use an extension pre and post flight minimum rest is increased by two hours or post flight rest only is increased by four hours. Where the extensions are used for consecutive FDPs the pre and post rest between the two operations shall run consecutively. |
| --- | --- |

2.6.

Where an FDP is planned to use an extension pre and post flight minimum rest is increased by two hours or post flight rest only is increased by four hours. Where the extensions are used for consecutive FDPs the pre and post rest between the two operations shall run consecutively.

| 2.7. | When an FDP with extension starts in the period 22:00 to 04:59 hours the operator will limit the FDP to 11,45 hours. |
| --- | --- |

2.7.

When an FDP with extension starts in the period 22:00 to 04:59 hours the operator will limit the FDP to 11,45 hours.

| 3. | Cabin Crew |
| --- | --- |

3.

Cabin Crew

| 3.1. | For cabin crew being assigned to a flight or series of flights, the FDP of the cabin crew may be extended by the difference in reporting time between cabin crew and flight crew, as long as the difference does not exceed one hour. |
| --- | --- |

3.1.

For cabin crew being assigned to a flight or series of flights, the FDP of the cabin crew may be extended by the difference in reporting time between cabin crew and flight crew, as long as the difference does not exceed one hour.

| 4. | Operational Robustness |
| --- | --- |

4.

Operational Robustness

| 4.1. | Planned schedules must allow for flights to be completed within the maximum permitted flight duty period. To assist in achieving this operators will take action to change a schedule or crewing arrangements at the latest where the actual operation exceeds the maximum FDP on more than 33 % of the flights in that schedule during a scheduled seasonal period. |
| --- | --- |

4.1.

Planned schedules must allow for flights to be completed within the maximum permitted flight duty period. To assist in achieving this operators will take action to change a schedule or crewing arrangements at the latest where the actual operation exceeds the maximum FDP on more than 33 % of the flights in that schedule during a scheduled seasonal period.

| 5. | Positioning |
| --- | --- |

5.

Positioning

| 5.1. | All the time spent on positioning is counted as duty. |
| --- | --- |

5.1.

All the time spent on positioning is counted as duty.

| 5.2. | Positioning after reporting but prior to operating shall be included as part of the FDP but shall not count as a sector. |
| --- | --- |

5.2.

Positioning after reporting but prior to operating shall be included as part of the FDP but shall not count as a sector.

| 5.3. | A positioning sector immediately following operating sector will be taken into account for the calculation of minimum rest as defined in OPS 1.1110 points 1.1 and 1.2 below. |
| --- | --- |

5.3.

A positioning sector immediately following operating sector will be taken into account for the calculation of minimum rest as defined in OPS 1.1110 points 1.1 and 1.2 below.

| 6. | Extended FDP (Split Duty) |
| --- | --- |

6.

Extended FDP (Split Duty)

| 6.1. | The Authority may grant approval to an operation based on an extended FDP including a break, subject to the provisions of Article 8. |
| --- | --- |

6.1.

The Authority may grant approval to an operation based on an extended FDP including a break, subject to the provisions of Article 8.

| 6.2. | Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors, such as current scientific knowledge, that its request for an extended FDP produces an equivalent level of safety. |
| --- | --- |

6.2.

Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors, such as current scientific knowledge, that its request for an extended FDP produces an equivalent level of safety.

OPS 1.1110

Rest

| 1. | Minimum rest |
| --- | --- |

1.

Minimum rest

| 1.1. | The minimum rest which must be provided before undertaking a flight duty period starting at home base shall be at least as long as the preceding duty period or 12 hours whichever is the greater; |
| --- | --- |

1.1.

The minimum rest which must be provided before undertaking a flight duty period starting at home base shall be at least as long as the preceding duty period or 12 hours whichever is the greater;

| 1.2. | The minimum rest which must be provided before undertaking a flight duty period starting away from home base shall be at least as long as the preceding duty period or 10 hours whichever is the greater; when on minimum rest away from home base, the operator must allow for an 8 hour sleep opportunity taking due account of travelling and other physiological needs; |
| --- | --- |

1.2.

The minimum rest which must be provided before undertaking a flight duty period starting away from home base shall be at least as long as the preceding duty period or 10 hours whichever is the greater; when on minimum rest away from home base, the operator must allow for an 8 hour sleep opportunity taking due account of travelling and other physiological needs;

| 1.3. | An operator will ensure that effects on crew members of time zone differences will be compensated by additional rest, as regulated by the Authority subject to the provisions of Article 8. |
| --- | --- |

1.3.

An operator will ensure that effects on crew members of time zone differences will be compensated by additional rest, as regulated by the Authority subject to the provisions of Article 8.

| 1.4.1. | Notwithstanding 1.1 and 1.2 and subject to the provisions of Article 8, the Authority may grant reduced rest arrangements. |
| --- | --- |

1.4.1.

Notwithstanding 1.1 and 1.2 and subject to the provisions of Article 8, the Authority may grant reduced rest arrangements.

| 1.4.2. | Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors, such as current scientific knowledge, that its request for reduced rest arrangements produces an equivalent level of safety. |
| --- | --- |

1.4.2.

Each operator will have to demonstrate to the Authority, using operational experience and taking into account other relevant factors, such as current scientific knowledge, that its request for reduced rest arrangements produces an equivalent level of safety.

| 2. | Rest periods |
| --- | --- |

2.

Rest periods

| 2.1. | An operator shall ensure that the minimum rest provided as outlined above is increased periodically to a weekly rest period, being a 36-hour period including two local nights, such that there shall never be more than 168 hours between the end of one weekly rest period and the start of the next. As an exception to OPS 1.1095 point 1.9, the Authority may decide that the second of those local nights may start from 20:00 hours if the weekly rest period has a duration of at least 40 hours. |
| --- | --- |

2.1.

An operator shall ensure that the minimum rest provided as outlined above is increased periodically to a weekly rest period, being a 36-hour period including two local nights, such that there shall never be more than 168 hours between the end of one weekly rest period and the start of the next. As an exception to OPS 1.1095 point 1.9, the Authority may decide that the second of those local nights may start from 20:00 hours if the weekly rest period has a duration of at least 40 hours.

OPS 1.1115

Extension of flight duty period due to in-flight rest

| 1. | Subject to the provisions of Article 8 and providing each operator demonstrates to the Authority, using operational experience and taking into account other relevant factors such as current scientific knowledge, that its request produces an equivalent level of safety: |
| --- | --- |

1.

Subject to the provisions of Article 8 and providing each operator demonstrates to the Authority, using operational experience and taking into account other relevant factors such as current scientific knowledge, that its request produces an equivalent level of safety:

| 1.1. | Flight Crew Augmentation
  the Authority shall set the requirements in connection with the augmentation of a basic flight crew for the purpose of extending the flight duty period beyond the limits in OPS 1.1105 above; |
| --- | --- |

1.1.

Flight Crew Augmentation

the Authority shall set the requirements in connection with the augmentation of a basic flight crew for the purpose of extending the flight duty period beyond the limits in OPS 1.1105 above;

| 1.2. | Cabin crew
  the Authority shall set the requirements in connection with the minimum in-flight rest by cabin crew member(s) when the FDP goes beyond the limitations in OPS 1.1105 above; |
| --- | --- |

1.2.

Cabin crew

the Authority shall set the requirements in connection with the minimum in-flight rest by cabin crew member(s) when the FDP goes beyond the limitations in OPS 1.1105 above;

OPS 1.1120

Unforeseen circumstances in actual flight operations — commander's discretion

| 1. | Taking into account the need for careful control of these instances implied underneath, during the actual flight operation, which starts at the reporting time, the limits on flight duty, duty and rest periods prescribed in this Subpart may be modified in the event of unforeseen circumstances. Any such modifications must be acceptable to the commander after consultation with all other crew members and must, in all circumstances, comply with the following: |
| --- | --- |

1.

Taking into account the need for careful control of these instances implied underneath, during the actual flight operation, which starts at the reporting time, the limits on flight duty, duty and rest periods prescribed in this Subpart may be modified in the event of unforeseen circumstances. Any such modifications must be acceptable to the commander after consultation with all other crew members and must, in all circumstances, comply with the following:

| 1.1. | The maximum FDP referred to in OPS 1.1105 point 1.3 above may not be increased by more than two hours unless the flight crew has been augmented, in which case the maximum flight duty period may be increased by not more than 3 hours; |
| --- | --- |

1.1.

The maximum FDP referred to in OPS 1.1105 point 1.3 above may not be increased by more than two hours unless the flight crew has been augmented, in which case the maximum flight duty period may be increased by not more than 3 hours;

| 1.1.2. | If on the final sector within a FDP unforeseen circumstances occur after take off that will result in the permitted increase being exceeded, the flight may continue to the planned destination or alternate; |
| --- | --- |

1.1.2.

If on the final sector within a FDP unforeseen circumstances occur after take off that will result in the permitted increase being exceeded, the flight may continue to the planned destination or alternate;

| 1.1.3. | In the event of such circumstances, the rest period following the FDP may be reduced but never below the minimum rest defined in OPS 1.1110 point 1.2 of this Subpart; |
| --- | --- |

1.1.3.

In the event of such circumstances, the rest period following the FDP may be reduced but never below the minimum rest defined in OPS 1.1110 point 1.2 of this Subpart;

| 1.2. | The Commander shall, in case of special circumstances, which could lead to severe fatigue, and after consultation with the crew members affected, reduce the actual flight duty time and/or increase the rest time in order to eliminate any detrimental effect on flight safety; |
| --- | --- |

1.2.

The Commander shall, in case of special circumstances, which could lead to severe fatigue, and after consultation with the crew members affected, reduce the actual flight duty time and/or increase the rest time in order to eliminate any detrimental effect on flight safety;

| 1.3. | An operator shall ensure that: |
| --- | --- |

1.3.

An operator shall ensure that:

| 1.3.1. | The Commander submits a report to the operator whenever a FDP is increased by his/her discretion or when a rest period is reduced in actual operation and |
| --- | --- |

1.3.1.

The Commander submits a report to the operator whenever a FDP is increased by his/her discretion or when a rest period is reduced in actual operation and

| 1.3.2. | Where the increase of a FDP or reduction of a rest period exceeds one hour, a copy of the report, to which the operator must add his comments, is sent to the Authority no later than 28 days after the event. |
| --- | --- |

1.3.2.

Where the increase of a FDP or reduction of a rest period exceeds one hour, a copy of the report, to which the operator must add his comments, is sent to the Authority no later than 28 days after the event.

OPS 1.1125

Standby

| 1. | Airport Standby |
| --- | --- |

1.

Airport Standby

| 1.1. | A crew member is on airport standby from reporting at the normal report point until the end of the notified standby period. |
| --- | --- |

1.1.

A crew member is on airport standby from reporting at the normal report point until the end of the notified standby period.

| 1.2. | Airport standby will count in full for the purposes of cumulative duty hours. |
| --- | --- |

1.2.

Airport standby will count in full for the purposes of cumulative duty hours.

| 1.3. | Where airport standby is immediately followed by a flight duty, the relationship between such airport standby and the assigned flight duty shall be defined by the Authority. In such a case, airport standby shall be added to the duty period referred to in OPS 1.1110 under points 1.1 and 1.2 for the purposes of calculating minimum rest. |
| --- | --- |

1.3.

Where airport standby is immediately followed by a flight duty, the relationship between such airport standby and the assigned flight duty shall be defined by the Authority. In such a case, airport standby shall be added to the duty period referred to in OPS 1.1110 under points 1.1 and 1.2 for the purposes of calculating minimum rest.

| 1.4. | Where the airport standby does not lead to assignment on a flight duty, it shall be followed at least by a rest period as regulated by the Authority. |
| --- | --- |

1.4.

Where the airport standby does not lead to assignment on a flight duty, it shall be followed at least by a rest period as regulated by the Authority.

| 1.5. | While on airport standby the operator will provide to the crew member a quiet and comfortable place not open to the public. |
| --- | --- |

1.5.

While on airport standby the operator will provide to the crew member a quiet and comfortable place not open to the public.

| 2. | Other forms of standby (including standby at hotel) |
| --- | --- |

2.

Other forms of standby (including standby at hotel)

| 2.1. | Subject to the provisions of Article 8, all other forms of standby shall be regulated by the Authority, taking into account the following: |
| --- | --- |

2.1.

Subject to the provisions of Article 8, all other forms of standby shall be regulated by the Authority, taking into account the following:

| 2.1.1. | All activity shall be rostered and/or notified in advance. |
| --- | --- |

2.1.1.

All activity shall be rostered and/or notified in advance.

| 2.1.2. | The start and end time of the standby shall be defined and notified in advance. |
| --- | --- |

2.1.2.

The start and end time of the standby shall be defined and notified in advance.

| 2.1.3. | The maximum length of any standby at a place other than a specified reporting point shall be determined. |
| --- | --- |

2.1.3.

The maximum length of any standby at a place other than a specified reporting point shall be determined.

| 2.1.4. | Taking into account facilities available for the crew member to rest and other relevant factors, the relationship between the standby and any assigned flight duty resulting from the standby shall be defined. |
| --- | --- |

2.1.4.

Taking into account facilities available for the crew member to rest and other relevant factors, the relationship between the standby and any assigned flight duty resulting from the standby shall be defined.

| 2.1.5. | The counting of standby times for the purposes of cumulative duty hours shall be defined. |
| --- | --- |

2.1.5.

The counting of standby times for the purposes of cumulative duty hours shall be defined.

OPS 1.1130

Nutrition

A meal and drink opportunity must occur in order to avoid any detriment to a crew member's performance, especially when the FDP exceeds 6 hours.

OPS 1.1135

Flight duty, duty and rest period records

| 1. | An operator shall ensure that crew member's records include:






  (a) | block times; |
| --- | --- | --- |

1.

An operator shall ensure that crew member's records include:

(a)

block times;

| (b) | start, duration and end of each duty or flight duty periods; |
| --- | --- |

(b)

start, duration and end of each duty or flight duty periods;

| (c) | rest periods and days free of all duties; |
| --- | --- |

(c)

rest periods and days free of all duties;

and are maintained to ensure compliance with the requirements of this Subpart; copies of these records will be made available to the crew member upon request.

| 2. | If the records held by the operator under paragraph 1 do not cover all of his/her flight duty, duty and rest periods, the crew member concerned shall maintain an individual record of his/her






  (a) | block times; |
| --- | --- | --- |

2.

If the records held by the operator under paragraph 1 do not cover all of his/her flight duty, duty and rest periods, the crew member concerned shall maintain an individual record of his/her

(a)

block times;

| (b) | start, duration and end of each duty or flight duty periods; and |
| --- | --- |

(b)

start, duration and end of each duty or flight duty periods; and

| (c) | rest periods and days free of all duties. |
| --- | --- |

(c)

rest periods and days free of all duties.

| 3. | A crew member shall present his/her records on request to any operator who employs his/her services before he/she commences a flight duty period. |
| --- | --- |

3.

A crew member shall present his/her records on request to any operator who employs his/her services before he/she commences a flight duty period.

| 4. | Records shall be preserved for at least 15 calendar months from the date of the last relevant entry or longer if required in accordance with national laws. |
| --- | --- |

4.

Records shall be preserved for at least 15 calendar months from the date of the last relevant entry or longer if required in accordance with national laws.

| 5. | Additionally, operators shall separately retain all aircraft commander's discretion reports of extended flight duty periods, extended flight hours and reduced rest periods for at least six months after the event. |
| --- | --- |

5.

Additionally, operators shall separately retain all aircraft commander's discretion reports of extended flight duty periods, extended flight hours and reduced rest periods for at least six months after the event.

SUBPART R

TRANSPORT OF DANGEROUS GOODS BY AIR

OPS 1.1150

Terminology

| (a) | Terms used in this Subpart have the following meanings:






  (1) | Acceptance Check List. A document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met. |
| --- | --- | --- |

(a)

Terms used in this Subpart have the following meanings:

(1)

Acceptance Check List. A document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met.

| (2) | Cargo Aircraft. Any aircraft which is carrying goods or property but not passengers. In this context the following are not considered to be passengers:






  (i) | A crew member; |
| --- | --- | --- |

(2)

Cargo Aircraft. Any aircraft which is carrying goods or property but not passengers. In this context the following are not considered to be passengers:

(i)

A crew member;

| (ii) | An operator's employee permitted by, and carried in accordance with, the instructions contained in the Operations Manual; |
| --- | --- |

(ii)

An operator's employee permitted by, and carried in accordance with, the instructions contained in the Operations Manual;

| (iii) | An authorised representative of an Authority; or |
| --- | --- |

(iii)

An authorised representative of an Authority; or

| (iv) | A person with duties in respect of a particular shipment on board. |
| --- | --- |

(iv)

A person with duties in respect of a particular shipment on board.

| (3) | Dangerous Goods Accident. An occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage. |
| --- | --- |

(3)

Dangerous Goods Accident. An occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage.

| (4) | Dangerous Goods Incident. An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises the aircraft or its occupants is also deemed to constitute a dangerous goods incident. |
| --- | --- |

(4)

Dangerous Goods Incident. An occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises the aircraft or its occupants is also deemed to constitute a dangerous goods incident.

| (5) | Dangerous Goods Transport Document. A document which is specified by the Technical Instructions. It is completed by the person who offers dangerous goods for air transport and contains information about those dangerous goods. The document bears a signed declaration indicating that the dangerous goods are fully and accurately described by their proper shipping names and UN/ID numbers and that they are correctly classified, packed, marked, labelled and in a proper condition for transport. |
| --- | --- |

(5)

Dangerous Goods Transport Document. A document which is specified by the Technical Instructions. It is completed by the person who offers dangerous goods for air transport and contains information about those dangerous goods. The document bears a signed declaration indicating that the dangerous goods are fully and accurately described by their proper shipping names and UN/ID numbers and that they are correctly classified, packed, marked, labelled and in a proper condition for transport.

| (6) | Freight Container. A freight container is an article of transport equipment for radioactive materials, designed to facilitate the transport of such materials, either packaged or unpackaged, by one or more modes of transport. (Note: see Unit Load Device where the dangerous goods are not radioactive materials.) |
| --- | --- |

(6)

Freight Container. A freight container is an article of transport equipment for radioactive materials, designed to facilitate the transport of such materials, either packaged or unpackaged, by one or more modes of transport. (Note: see Unit Load Device where the dangerous goods are not radioactive materials.)

| (7) | Handling Agent. An agency which performs on behalf of the operator some or all of the latter's functions including receiving, loading, unloading, transferring or other processing of passengers or cargo. |
| --- | --- |

(7)

Handling Agent. An agency which performs on behalf of the operator some or all of the latter's functions including receiving, loading, unloading, transferring or other processing of passengers or cargo.

| (8) | ID number. A temporary identification number for an item of dangerous goods which has not been assigned a UN number. |
| --- | --- |

(8)

ID number. A temporary identification number for an item of dangerous goods which has not been assigned a UN number.

| (9) | Overpack. An enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage. (Note: a unit load device is not included in this definition.) |
| --- | --- |

(9)

Overpack. An enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage. (Note: a unit load device is not included in this definition.)

| (10) | Package. The complete product of the packing operation consisting of the packaging and its contents prepared for transport. |
| --- | --- |

(10)

Package. The complete product of the packing operation consisting of the packaging and its contents prepared for transport.

| (11) | Packaging. Receptacles and any other components or materials necessary for the receptacle to perform its containment function and to ensure compliance with the packing requirements. |
| --- | --- |

(11)

Packaging. Receptacles and any other components or materials necessary for the receptacle to perform its containment function and to ensure compliance with the packing requirements.

| (12) | Proper Shipping Name. The name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings. |
| --- | --- |

(12)

Proper Shipping Name. The name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings.

| (13) | Serious Injury. An injury which is sustained by a person in an accident and which:






  (i) | Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or |
| --- | --- | --- |

(13)

Serious Injury. An injury which is sustained by a person in an accident and which:

(i)

Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or

| (ii) | Results in a fracture of any bone (except simple fractures of fingers, toes or nose); or |
| --- | --- |

(ii)

Results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

| (iii) | Involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or |
| --- | --- |

(iii)

Involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or

| (iv) | Involves injury to any internal organ; or |
| --- | --- |

(iv)

Involves injury to any internal organ; or

| (v) | Involves second or third degree burns, or any burns affecting more than 5 % of the body surface; or |
| --- | --- |

(v)

Involves second or third degree burns, or any burns affecting more than 5 % of the body surface; or

| (vi) | Involves verified exposure to infectious substances or injurious radiation. |
| --- | --- |

(vi)

Involves verified exposure to infectious substances or injurious radiation.

| (14) | State of Origin. The Authority in whose territory the dangerous goods were first loaded on an aircraft. |
| --- | --- |

(14)

State of Origin. The Authority in whose territory the dangerous goods were first loaded on an aircraft.

| (15) | Technical Instructions. The latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284-AN/905), including the Supplement and any Addendum, approved and published by decision of the Council of the International Civil Aviation Organization. |
| --- | --- |

(15)

Technical Instructions. The latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284-AN/905), including the Supplement and any Addendum, approved and published by decision of the Council of the International Civil Aviation Organization.

| (16) | UN Number. The four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances. |
| --- | --- |

(16)

UN Number. The four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances.

| (17) | Unit Load Device. Any type of aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo. (Note: an overpack is not included in this definition; for a container containing radioactive materials see the definition for freight container.) |
| --- | --- |

(17)

Unit Load Device. Any type of aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo. (Note: an overpack is not included in this definition; for a container containing radioactive materials see the definition for freight container.)

OPS 1.1155

Approval to Transport — Dangerous Goods

An operator shall not transport dangerous goods unless approved to do so by the Authority.

OPS 1.1160

Scope

| (a) | An operator shall comply with the provisions contained in the Technical Instructions on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of a State. |
| --- | --- |

(a)

An operator shall comply with the provisions contained in the Technical Instructions on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside the territory of a State.

| (b) | Articles and substances which would otherwise be classed as dangerous goods are excluded from the provisions of this Subpart, to the extent specified in the Technical Instructions, provided:






  (1) | They are required to be aboard the aeroplane in accordance with the relevant applicable rules or for operating reasons; |
| --- | --- | --- |

(b)

Articles and substances which would otherwise be classed as dangerous goods are excluded from the provisions of this Subpart, to the extent specified in the Technical Instructions, provided:

(1)

They are required to be aboard the aeroplane in accordance with the relevant applicable rules or for operating reasons;

| (2) | They are carried as catering or cabin service supplies; |
| --- | --- |

(2)

They are carried as catering or cabin service supplies;

| (3) | They are carried for use in flight as veterinary aid or as a humane killer for an animal; |
| --- | --- |

(3)

They are carried for use in flight as veterinary aid or as a humane killer for an animal;

| (4) | They are carried for use in flight for medical aid for a patient, provided that:






  (i) | Gas cylinders have been manufactured specifically for the purpose of containing and transporting that particular gas; |
| --- | --- | --- |

(4)

They are carried for use in flight for medical aid for a patient, provided that:

(i)

Gas cylinders have been manufactured specifically for the purpose of containing and transporting that particular gas;

| (ii) | Drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aeroplane; |
| --- | --- |

(ii)

Drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aeroplane;

| (iii) | Equipment containing wet cell batteries is kept and, when necessary secured, in an upright position to prevent spillage of the electrolyte; and |
| --- | --- |

(iii)

Equipment containing wet cell batteries is kept and, when necessary secured, in an upright position to prevent spillage of the electrolyte; and

| (iv) | Proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the commander in the interests of safety; or |
| --- | --- |

(iv)

Proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the commander in the interests of safety; or

| (5) | They are carried by passengers or crew members. |
| --- | --- |

(5)

They are carried by passengers or crew members.

| (c) | Articles and substances intended as replacements for those in (b)(1) and (b)(2) above shall be transported on an aeroplane as specified in the Technical Instructions. |
| --- | --- |

(c)

Articles and substances intended as replacements for those in (b)(1) and (b)(2) above shall be transported on an aeroplane as specified in the Technical Instructions.

OPS 1.1165

Limitations on the Transport of Dangerous Goods

| (a) | An operator shall take all reasonable measures to ensure that articles and substances that are specifically identified by name or generic description in the Technical Instructions as being forbidden for transport under any circumstances are not carried on any aeroplane. |
| --- | --- |

(a)

An operator shall take all reasonable measures to ensure that articles and substances that are specifically identified by name or generic description in the Technical Instructions as being forbidden for transport under any circumstances are not carried on any aeroplane.

| (b) | An operator shall take all reasonable measures to ensure that articles and substances or other goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances are only transported when:






  (1) | They are exempted by the States concerned under the provisions of the Technical Instructions; or |
| --- | --- | --- |

(b)

An operator shall take all reasonable measures to ensure that articles and substances or other goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances are only transported when:

(1)

They are exempted by the States concerned under the provisions of the Technical Instructions; or

| (2) | The Technical Instructions indicate they may be transported under an approval issued by the State of Origin. |
| --- | --- |

(2)

The Technical Instructions indicate they may be transported under an approval issued by the State of Origin.

OPS 1.1170

Classification

An operator shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the Technical Instructions.

OPS 1.1175

Packing

An operator shall take all reasonable measures to ensure that dangerous goods are packed as specified in the Technical Instructions.

OPS 1.1180

Labelling and Marking

| (a) | An operator shall take all reasonable measures to ensure that packages, overpacks and freight containers are labelled and marked as specified in the Technical Instructions. |
| --- | --- |

(a)

An operator shall take all reasonable measures to ensure that packages, overpacks and freight containers are labelled and marked as specified in the Technical Instructions.

| (b) | Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of a State, labelling and marking must be in the English language in addition to any other language requirements. |
| --- | --- |

(b)

Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of a State, labelling and marking must be in the English language in addition to any other language requirements.

OPS 1.1185

Dangerous Goods Transport Document

| (a) | An operator shall ensure that, except when otherwise specified in the Technical Instructions, dangerous goods are accompanied by a dangerous goods transport document. |
| --- | --- |

(a)

An operator shall ensure that, except when otherwise specified in the Technical Instructions, dangerous goods are accompanied by a dangerous goods transport document.

| (b) | Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of a State, the English language must be used for the dangerous goods transport document in addition to any other language requirements. |
| --- | --- |

(b)

Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of a State, the English language must be used for the dangerous goods transport document in addition to any other language requirements.

OPS 1.1195

Acceptance of Dangerous Goods

| (a) | An operator shall not accept dangerous goods for transport until the package, overpack or freight container has been inspected in accordance with the acceptance procedures in the Technical Instructions. |
| --- | --- |

(a)

An operator shall not accept dangerous goods for transport until the package, overpack or freight container has been inspected in accordance with the acceptance procedures in the Technical Instructions.

| (b) | An operator or his handling agent shall use an acceptance check list. The acceptance check list shall allow for all relevant details to be checked and shall be in such form as will allow for the recording of the results of the acceptance check by manual, mechanical or computerised means. |
| --- | --- |

(b)

An operator or his handling agent shall use an acceptance check list. The acceptance check list shall allow for all relevant details to be checked and shall be in such form as will allow for the recording of the results of the acceptance check by manual, mechanical or computerised means.

OPS 1.1200

Inspection for Damage, Leakage or Contamination

| (a) | An operator shall ensure that:






  (1) | Packages, overpacks and freight containers are inspected for evidence of leakage or damage immediately prior to loading on an aeroplane or into a unit load device, as specified in the Technical Instructions; |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

Packages, overpacks and freight containers are inspected for evidence of leakage or damage immediately prior to loading on an aeroplane or into a unit load device, as specified in the Technical Instructions;

| (2) | A unit load device is not loaded on an aeroplane unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained therein; |
| --- | --- |

(2)

A unit load device is not loaded on an aeroplane unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained therein;

| (3) | Leaking or damaged packages, overpacks or freight containers are not loaded on an aeroplane; |
| --- | --- |

(3)

Leaking or damaged packages, overpacks or freight containers are not loaded on an aeroplane;

| (4) | Any package of dangerous goods found on an aeroplane and which appears to be damaged or leaking is removed or arrangements made for its removal by an appropriate authority or organisation. In this case the remainder of the consignment shall be inspected to ensure it is in a proper condition for transport and that no damage or contamination has occurred to the aeroplane or its load; and |
| --- | --- |

(4)

Any package of dangerous goods found on an aeroplane and which appears to be damaged or leaking is removed or arrangements made for its removal by an appropriate authority or organisation. In this case the remainder of the consignment shall be inspected to ensure it is in a proper condition for transport and that no damage or contamination has occurred to the aeroplane or its load; and

| (5) | Packages, overpacks and freight containers are inspected for signs of damage or leakage upon unloading from an aeroplane or from a unit load device and, if there is evidence of damage or leakage, the area where the dangerous goods were stowed is inspected for damage or contamination. |
| --- | --- |

(5)

Packages, overpacks and freight containers are inspected for signs of damage or leakage upon unloading from an aeroplane or from a unit load device and, if there is evidence of damage or leakage, the area where the dangerous goods were stowed is inspected for damage or contamination.

OPS 1.1205

Removal of Contamination

| (a) | An operator shall ensure that:






  (1) | Any contamination found as a result of the leakage or damage of dangerous goods is removed without delay; and |
| --- | --- | --- |

(a)

An operator shall ensure that:

(1)

Any contamination found as a result of the leakage or damage of dangerous goods is removed without delay; and

| (2) | An aeroplane which has been contaminated by radioactive materials is immediately taken out of service and not returned until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions. |
| --- | --- |

(2)

An aeroplane which has been contaminated by radioactive materials is immediately taken out of service and not returned until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

OPS 1.1210

Loading Restrictions

| (a) | Passenger Cabin and Flight Deck. An operator shall ensure that dangerous goods are not carried in an aeroplane cabin occupied by passengers or on the flight deck, unless otherwise specified in the Technical Instructions. |
| --- | --- |

(a)

Passenger Cabin and Flight Deck. An operator shall ensure that dangerous goods are not carried in an aeroplane cabin occupied by passengers or on the flight deck, unless otherwise specified in the Technical Instructions.

| (b) | Cargo Compartments. An operator shall ensure that dangerous goods are loaded, segregated, stowed and secured on an aeroplane as specified in the Technical Instructions. |
| --- | --- |

(b)

Cargo Compartments. An operator shall ensure that dangerous goods are loaded, segregated, stowed and secured on an aeroplane as specified in the Technical Instructions.

| (c) | Dangerous Goods Designated for Carriage Only on Cargo Aircraft. An operator shall ensure that packages of dangerous goods bearing the “Cargo Aircraft Only” label are carried on a cargo aircraft and loaded as specified in the Technical Instructions. |
| --- | --- |

(c)

Dangerous Goods Designated for Carriage Only on Cargo Aircraft. An operator shall ensure that packages of dangerous goods bearing the “Cargo Aircraft Only” label are carried on a cargo aircraft and loaded as specified in the Technical Instructions.

OPS 1.1215

Provision of Information

| (a) | Information to Ground Staff.
  An operator shall ensure that:






  (1) | Information is provided to enable ground staff to carry out their duties with regard to the transport of dangerous goods, including the actions to be taken in the event of incidents and accidents involving dangerous goods; and |
| --- | --- | --- |

(a)

Information to Ground Staff.

An operator shall ensure that:

(1)

Information is provided to enable ground staff to carry out their duties with regard to the transport of dangerous goods, including the actions to be taken in the event of incidents and accidents involving dangerous goods; and

| (2) | Where applicable, the information referred to in sub-paragraph (a)(1) above is also provided to his handling agent. |
| --- | --- |

(2)

Where applicable, the information referred to in sub-paragraph (a)(1) above is also provided to his handling agent.

| (b) | Information to Passengers and Other Persons






  (1) | An operator shall ensure that information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from transporting aboard an aeroplane; and |
| --- | --- | --- |

(b)

Information to Passengers and Other Persons

(1)

An operator shall ensure that information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from transporting aboard an aeroplane; and

| (2) | An operator and, where applicable, his handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the transport of dangerous goods. |
| --- | --- |

(2)

An operator and, where applicable, his handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the transport of dangerous goods.

| (c) | Information to Crew Members.
  An operator shall ensure that information is provided in the Operations Manual to enable crew members to carry out their responsibilities in regard to the transport of dangerous goods, including the actions to be taken in the event of emergencies arising involving dangerous goods. |
| --- | --- |

(c)

Information to Crew Members.

An operator shall ensure that information is provided in the Operations Manual to enable crew members to carry out their responsibilities in regard to the transport of dangerous goods, including the actions to be taken in the event of emergencies arising involving dangerous goods.

| (d) | Information to the Commander. An operator shall ensure that the commander is provided with written information, as specified in the Technical Instructions. (See Table 1 of Appendix 1 to OPS 1.1065 for the document storage period). |
| --- | --- |

(d)

Information to the Commander. An operator shall ensure that the commander is provided with written information, as specified in the Technical Instructions. (See Table 1 of Appendix 1 to OPS 1.1065 for the document storage period).

| (e) | Information in the Event of an Aeroplane Incident or Accident






  (1) | The operator of an aeroplane which is involved in an aeroplane incident shall, on request, provide any information required to minimise the hazards created by any dangerous goods carried. |
| --- | --- | --- |

(e)

Information in the Event of an Aeroplane Incident or Accident

(1)

The operator of an aeroplane which is involved in an aeroplane incident shall, on request, provide any information required to minimise the hazards created by any dangerous goods carried.

| (2) | The operator of an aeroplane which is involved in an aeroplane accident shall, as soon as possible, inform the appropriate authority of the State in which the aeroplane accident occurred of any dangerous goods carried. |
| --- | --- |

(2)

The operator of an aeroplane which is involved in an aeroplane accident shall, as soon as possible, inform the appropriate authority of the State in which the aeroplane accident occurred of any dangerous goods carried.

OPS 1.1220

Training programmes

| (a) | An operator shall establish and maintain staff training programmes, as required by the Technical Instructions, which shall be approved by the Authority. |
| --- | --- |

(a)

An operator shall establish and maintain staff training programmes, as required by the Technical Instructions, which shall be approved by the Authority.

| (b) | Operators not holding a permanent approval to carry dangerous goods.
  An operator shall ensure that:






  (1) | Staff who are engaged in general cargo and baggage handling have received training to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 1 of Table 1 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers; and |
| --- | --- | --- |

(b)

Operators not holding a permanent approval to carry dangerous goods.

An operator shall ensure that:

(1)

Staff who are engaged in general cargo and baggage handling have received training to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 1 of Table 1 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers; and

| (2) | The following personnel:






  (i) | Crew members; |
| --- | --- | --- |

(2)

The following personnel:

(i)

Crew members;

| (ii) | Passenger handling staff; and |
| --- | --- |

(ii)

Passenger handling staff; and

| (iii) | Security staff employed by the operator who deal with the screening of passengers and their baggage, |
| --- | --- |

(iii)

Security staff employed by the operator who deal with the screening of passengers and their baggage,

have received training which, as a minimum, must cover the areas identified in Column 2 of Table 1 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers.

Table 1

| AREAS OF TRAINING | 1 | 2 |
| --- | --- | --- |
| General philosophy | X | X |
| Limitations on Dangerous Goods in air transport | | X |
| Package marking and labelling | X | X |
| Dangerous Goods in passengers baggage | X | X |
| Emergency procedures | X | X |
| Note: | “X” indicates an area to be covered. |

AREAS OF TRAINING

1

2

General philosophy

X

X

Limitations on Dangerous Goods in air transport

X

Package marking and labelling

X

X

Dangerous Goods in passengers baggage

X

X

Emergency procedures

X

X

Note:

“X” indicates an area to be covered.

| (c) | Operators holding a permanent approval to carry dangerous goods.
  An operator shall ensure that:






  (1) | Staff who are engaged in the acceptance of dangerous goods have received training and are qualified to carry out their duties. As a minimum this training must cover the areas identified in Column 1 of Table 2 and be to a depth sufficient to ensure the staff can take decisions on the acceptance or refusal of dangerous goods offered for carriage by air; |
| --- | --- | --- |

(c)

Operators holding a permanent approval to carry dangerous goods.

An operator shall ensure that:

(1)

Staff who are engaged in the acceptance of dangerous goods have received training and are qualified to carry out their duties. As a minimum this training must cover the areas identified in Column 1 of Table 2 and be to a depth sufficient to ensure the staff can take decisions on the acceptance or refusal of dangerous goods offered for carriage by air;

| (2) | Staff who are engaged in ground handling, storage and loading of dangerous goods have received training to enable them to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 2 of Table 2 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them; |
| --- | --- |

(2)

Staff who are engaged in ground handling, storage and loading of dangerous goods have received training to enable them to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 2 of Table 2 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them;

| (3) | Staff who are engaged in general cargo and baggage handling have received training to enable them to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 3 of Table 2 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods, how to handle and load them and what requirements apply to the carriage of such goods by passengers; |
| --- | --- |

(3)

Staff who are engaged in general cargo and baggage handling have received training to enable them to carry out their duties in respect of dangerous goods. As a minimum this training must cover the areas identified in Column 3 of Table 2 and be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods, how to handle and load them and what requirements apply to the carriage of such goods by passengers;

| (4) | Flight crew members have received training which, as a minimum, must cover the areas identified in Column 4 of Table 2. Training must be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and how they should be carried on an aeroplane; and |
| --- | --- |

(4)

Flight crew members have received training which, as a minimum, must cover the areas identified in Column 4 of Table 2. Training must be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and how they should be carried on an aeroplane; and

| (5) | The following personnel:






  (i) | Passenger handling staff; |
| --- | --- | --- |

(5)

The following personnel:

(i)

Passenger handling staff;

| (ii) | Security staff employed by the operator who deal with the screening of passengers and their baggage; and |
| --- | --- |

(ii)

Security staff employed by the operator who deal with the screening of passengers and their baggage; and

| (iii) | Crew members other than flight crew members, have received training which, as a minimum, must cover the areas identified in Column 5 of Table 2. Training must be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and what requirements apply to the carriage of such goods by passengers or, more generally, their carriage on an aeroplane. |
| --- | --- |

(iii)

Crew members other than flight crew members, have received training which, as a minimum, must cover the areas identified in Column 5 of Table 2. Training must be to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and what requirements apply to the carriage of such goods by passengers or, more generally, their carriage on an aeroplane.

| (d) | An operator shall ensure that all staff who receive training undertake a test to verify understanding of their responsibilities. |
| --- | --- |

(d)

An operator shall ensure that all staff who receive training undertake a test to verify understanding of their responsibilities.

| (e) | An operator shall ensure that all staff who require dangerous goods training receive recurrent training at intervals of not longer than 2 years. |
| --- | --- |

(e)

An operator shall ensure that all staff who require dangerous goods training receive recurrent training at intervals of not longer than 2 years.

| (f) | An operator shall ensure that records of dangerous goods training are maintained for all staff trained in accordance with sub-paragraph (d) above and as required by the Technical Instructions. |
| --- | --- |

(f)

An operator shall ensure that records of dangerous goods training are maintained for all staff trained in accordance with sub-paragraph (d) above and as required by the Technical Instructions.

| (g) | An operator shall ensure that his handling agent's staff are trained in accordance with the applicable column of Table 1 or Table 2.
  Table 2










  AREAS OF TRAINING | 1 | 2 | 3 | 4 | 5 |
| --- | --- | --- | --- | --- | --- | --- |
| General philosophy | X | X | X | X | X |
| Limitations on Dangerous Goods in air transport | X | X | | X | X |
| Classification of Dangerous Goods | X | | | | |
| List of dangerous goods | X | X | | X | |
| General packing requirements and Packing instructions | X | | | | |
| Packaging specifications and markings | X | | | | |
| Package marking and labelling | X | X | X | X | X |
| Documentation from the shipper | X | | | | |
| Acceptance of Dangerous Goods, including the use of a checklist | X | | | | |
| Storage and loading procedures | X | X | X | X | |
| Inspections for damage or leakage and decontamination procedures | X | X | | | |
| Provision of information to commander | X | X | | X | |
| Dangerous Goods in passengers' baggage | X | X | X | X | X |
| Emergency procedures | X | X | X | X | X |
| Note: | “X” indicates an area to be covered. |

(g)

An operator shall ensure that his handling agent's staff are trained in accordance with the applicable column of Table 1 or Table 2.

Table 2

AREAS OF TRAINING

1

2

3

4

5

General philosophy

X

X

X

X

X

Limitations on Dangerous Goods in air transport

X

X

X

X

Classification of Dangerous Goods

X

List of dangerous goods

X

X

X

General packing requirements and Packing instructions

X

Packaging specifications and markings

X

Package marking and labelling

X

X

X

X

X

Documentation from the shipper

X

Acceptance of Dangerous Goods, including the use of a checklist

X

Storage and loading procedures

X

X

X

X

Inspections for damage or leakage and decontamination procedures

X

X

Provision of information to commander

X

X

X

Dangerous Goods in passengers' baggage

X

X

X

X

X

Emergency procedures

X

X

X

X

X

Note:

“X” indicates an area to be covered.

OPS 1.1225

Dangerous Goods Incident and Accident Reports

| (a) | An operator shall report dangerous goods incidents and accidents to the Authority. An initial report shall be despatched within 72 hours of the event unless exceptional circumstances prevent this. |
| --- | --- |

(a)

An operator shall report dangerous goods incidents and accidents to the Authority. An initial report shall be despatched within 72 hours of the event unless exceptional circumstances prevent this.

| (b) | An operator shall also report to the Authority undeclared or misdeclared dangerous goods discovered in cargo or passengers' baggage. An initial report shall be despatched within 72 hours of the discovery unless exceptional circumstances prevent this. |
| --- | --- |

(b)

An operator shall also report to the Authority undeclared or misdeclared dangerous goods discovered in cargo or passengers' baggage. An initial report shall be despatched within 72 hours of the discovery unless exceptional circumstances prevent this.

SUBPART S

SECURITY

OPS 1.1235

Security requirements

An operator shall ensure that all appropriate personnel are familiar, and comply, with the relevant requirements of the national security programmes of the State of the operator.

OPS 1.1240

Training programmes

An operator shall establish, maintain and conduct approved training programs which enable the operator's crew members to take appropriate action to prevent acts of unlawful interference such as sabotage or unlawful seizure of aeroplanes and to minimize the consequences of such events should they occur. The training programme shall be compatible with the National Aviation Security programme. Individual crew member shall have knowledge and competence of all relevant elements of the training programme.

OPS 1.1245

Reporting acts of unlawful interference

Following an act of unlawful interference on board an aeroplane the commander or, in his/her absence the operator, shall submit, without delay, a report of such an act to the designated local authority and the Authority in the State of the operator.

OPS1.1250

Aeroplane search procedure checklist

An operator shall ensure that there is on board a checklist of the procedures to be followed in search of a bomb or Improvised Explosive Device (IED) in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices where a well founded suspicion exists that the aeroplane may be the object of an act of unlawful interference. The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aeroplane where provided by the Type Certificate holder.

OPS 1.1255

Flight crew compartment security

| (a) | In all aeroplanes which are equipped with a flight crew compartment door, this door shall be capable of being locked, and means or procedures acceptable to the Authority shall be provided or established by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin. |
| --- | --- |

(a)

In all aeroplanes which are equipped with a flight crew compartment door, this door shall be capable of being locked, and means or procedures acceptable to the Authority shall be provided or established by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin.

| (b) | All passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or with a Maximum Approved Passenger Seating Configuration greater than 60 shall be equipped with an approved flight crew compartment door that is capable of being locked and unlocked from each pilot's station and designed to meet the applicable retroactive airworthiness operational requirements. The design of this door shall not hinder emergency operations, as required in applicable retroactive airworthiness operational requirements. |
| --- | --- |

(b)

All passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or with a Maximum Approved Passenger Seating Configuration greater than 60 shall be equipped with an approved flight crew compartment door that is capable of being locked and unlocked from each pilot's station and designed to meet the applicable retroactive airworthiness operational requirements. The design of this door shall not hinder emergency operations, as required in applicable retroactive airworthiness operational requirements.

| (c) | In all aeroplanes which are equipped with a flight crew compartment door in accordance with sub-paragraph (b):






  (1) | This door shall be closed prior to engine start for take-off and will be locked when required by security procedure or the Commander, until engine shut down after landing, except when deemed necessary for authorised persons to access or egress in compliance with National Aviation Security Programme; |
| --- | --- | --- |

(c)

In all aeroplanes which are equipped with a flight crew compartment door in accordance with sub-paragraph (b):

(1)

This door shall be closed prior to engine start for take-off and will be locked when required by security procedure or the Commander, until engine shut down after landing, except when deemed necessary for authorised persons to access or egress in compliance with National Aviation Security Programme;

| (2) | means shall be provided for monitoring from either pilot's station the area outside the flight crew compartment to the extent necessary to identify persons requesting entry to the flight crew compartment and to detect suspicious behaviour or potential threat.’ |
| --- | --- |

(2)

means shall be provided for monitoring from either pilot's station the area outside the flight crew compartment to the extent necessary to identify persons requesting entry to the flight crew compartment and to detect suspicious behaviour or potential threat.’

---

(1)  OJ L 240, 24.8.1992, p. 1.

1

(2)  OJ L 243, 27.9.2003, p. 6.

2

P6_TA(2006)0300

Shipments of radioactive waste and nuclear spent fuel *

European Parliament legislative resolution on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (COM(2005)0673 — C6-0031/2006 — 2005/0272(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0673) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0673) (1),

| — | having regard to Articles 31(2) and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0031/2006), |
| --- | --- |

—

having regard to Articles 31(2) and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0031/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A6-0174/2006); |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A6-0174/2006);

| 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 119, second paragraph, of the Euratom Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom 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.

| (1a) | By Council Decision 2005/84/Euratom of 24 January 2005 (2), the European Atomic Energy Community acceded to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. |
| --- | --- |

(1a)

By Council Decision 2005/84/Euratom of 24 January 2005 (2), the European Atomic Energy Community acceded to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management.

| (6) | Lack of a Community common fuel cycle policy
  , each Member State remains responsible for the choice of its own policy on the management of the nuclear waste and spent fuel that are under its jurisdiction; the provisions of this Directive should therefore be without prejudice to the right of Member States to export their spent fuel for reprocessing and to
  their
  right to refuse the entry into their territory of radioactive waste for final treatment
  or disposal
  , except in the case of reshipment. |
| --- | --- |

(6)

Lack of a Community common fuel cycle policy
  , each Member State remains responsible for the choice of its own policy on the management of the nuclear waste and spent fuel that are under its jurisdiction; the provisions of this Directive should therefore be without prejudice to the right of Member States to export their spent fuel for reprocessing and to
  their
  right to refuse the entry into their territory of radioactive waste for final treatment
  or disposal
  , except in the case of reshipment.

| (6) | Each Member State remains responsible for the choice of its own policy on the management of the nuclear waste and spent fuel that are under its jurisdiction,
  some considering spent fuel as a usable resource that can be reprocessed, others electing to dispose of it
  ; the provisions of this Directive should therefore be without prejudice to the right of Member States
  of origin
  to export their spent fuel for reprocessing and to
  the
  right
  of Member States of destination
  to refuse the entry into their territory of
  (i)
  radioactive waste for final treatment, except in the case of reshipment,
  and (ii) spent fuel for final disposal
  . |
| --- | --- |

(6)

Each Member State remains responsible for the choice of its own policy on the management of the nuclear waste and spent fuel that are under its jurisdiction,
  some considering spent fuel as a usable resource that can be reprocessed, others electing to dispose of it
  ; the provisions of this Directive should therefore be without prejudice to the right of Member States
  of origin
  to export their spent fuel for reprocessing and to
  the
  right
  of Member States of destination
  to refuse the entry into their territory of
  (i)
  radioactive waste for final treatment, except in the case of reshipment,
  and (ii) spent fuel for final disposal
  .

| (8) | Simplification of the existing procedure should not hamper the existing rights of the Member States to object to or set conditions to a shipment of radioactive waste which require their
  approval
  . Objections should not be arbitrary and should be founded on relevant national or international provisions
  that can be easily identified
  . Relevant legislation is not limited to sectoral transport legislation. This Directive should be without prejudice to the rights and obligations of Member States under international law, and in particular to the exercise, by ships and aircraft of maritime, river and air navigation rights and freedoms, as provided for in international law. |
| --- | --- |

(8)

Simplification of the existing procedure should not hamper the existing rights of the Member States to object to or set conditions to a shipment of radioactive waste which require their
  approval
  . Objections should not be arbitrary and should be founded on relevant national or international provisions
  that can be easily identified
  . Relevant legislation is not limited to sectoral transport legislation. This Directive should be without prejudice to the rights and obligations of Member States under international law, and in particular to the exercise, by ships and aircraft of maritime, river and air navigation rights and freedoms, as provided for in international law.

| (8) | Simplification of the existing procedure should not hamper the existing rights of the Member States to object to or set conditions to a shipment of radioactive waste which require their
  consent
  . Objections should not be arbitrary and should be founded on relevant national,
  Community
  or international provisions
  as set out in this Directive
  . Relevant legislation is not limited to sectoral transport legislation. This Directive should be without prejudice to the rights and obligations of Member States under international law, and in particular to the exercise, by ships and aircraft of maritime, river and air navigation rights and freedoms, as provided for in international law. |
| --- | --- |

(8)

Simplification of the existing procedure should not hamper the existing rights of the Member States to object to or set conditions to a shipment of radioactive waste which require their
  consent
  . Objections should not be arbitrary and should be founded on relevant national,
  Community
  or international provisions
  as set out in this Directive
  . Relevant legislation is not limited to sectoral transport legislation. This Directive should be without prejudice to the rights and obligations of Member States under international law, and in particular to the exercise, by ships and aircraft of maritime, river and air navigation rights and freedoms, as provided for in international law.

| (8a) | Each Member State remains fully responsible for the management of radioactive waste and spent fuel under its jurisdiction; nothing in this Directive should imply that a Member State of destination must accept shipments of radioactive waste and spent fuel for final treatment or disposal except where the waste or fuel is for reshipment. Any refusal of such shipments should be justified on the basis of the criteria set out in this Directive. |
| --- | --- |

(8a)

Each Member State remains fully responsible for the management of radioactive waste and spent fuel under its jurisdiction; nothing in this Directive should imply that a Member State of destination must accept shipments of radioactive waste and spent fuel for final treatment or disposal except where the waste or fuel is for reshipment. Any refusal of such shipments should be justified on the basis of the criteria set out in this Directive.

3a.
     
  This Directive is without prejudice to rights and obligations under international law, including, but not limited to, the right of innocent passage and right of transit passage enshrined in the United Nations Convention on the Law of the Sea (UNCLOS).

(1)

(1)

(2)

(2)

The competent authorities of the Member States involved shall take the necessary measures to ensure that all information regarding shipments covered by this Directive is handled with due care and protected against any misuse.

Article 5a

Acknowledgment of receipt of the application by the competent authorities

Not later than 15 calendar days from the date of the receipt of the application by the competent authorities of the Member State of destination and of any Member State of transit, those authorities shall:

| (a) | send an acknowledgement of receipt of the application to the competent authorities of the Member State of origin, provided that the application is duly completed in compliance with the provisions of Article 14; or |
| --- | --- |

(a)

send an acknowledgement of receipt of the application to the competent authorities of the Member State of origin, provided that the application is duly completed in compliance with the provisions of Article 14; or

| (b) | where the application is not duly completed as set out in point (a), request the missing information from the competent authorities of the Member State of origin and inform the competent authorities of the Member State of destination and other Member States of transit, if any, of such request. A copy of that request shall be transmitted to the holder. The sending of such a request shall have the effect of suspending the time-limit for issuing an acknowledgement of receipt. The missing information shall be sent by the competent authorities of the Member State of origin to the competent authorities of the Member States concerned without undue delay. Not later than seven calendar days after the date of receipt of the missing information, the competent authorities of the Member State of destination or transit by which it had been requested shall send an acknowledgement of receipt of the duly completed application to the competent authorities of the Member State of origin. |
| --- | --- |

(b)

where the application is not duly completed as set out in point (a), request the missing information from the competent authorities of the Member State of origin and inform the competent authorities of the Member State of destination and other Member States of transit, if any, of such request. A copy of that request shall be transmitted to the holder. The sending of such a request shall have the effect of suspending the time-limit for issuing an acknowledgement of receipt. The missing information shall be sent by the competent authorities of the Member State of origin to the competent authorities of the Member States concerned without undue delay. Not later than seven calendar days after the date of receipt of the missing information, the competent authorities of the Member State of destination or transit by which it had been requested shall send an acknowledgement of receipt of the duly completed application to the competent authorities of the Member State of origin.

1.   
  Not later than one month from the date of receipt of the duly completed application by the competent authorities of the Member State of destination and of any Member State of transit, they shall issue an acknowledgement of receipt.

Not later than
  three months
  from the date of receipt of
  the duly completed application
  the competent authorities of the Member State of destination and of any Member State of transit shall notify the competent authorities of the
  country
  of origin of their consent or of the conditions which they consider necessary or of their refusal to grant consent.

However, the competent authorities of the Member State of destination or of any Member State of transit may request a further period of not more than one month in addition to the period referred to in the
  second
  subparagraph to make their position known.

1.   Not later than
  two months
  from the date of
  the acknowledgement of
  receipt the competent authorities of the Member State of destination and of any Member State of transit shall notify the competent authorities of the
  Member State
  of origin of their consent or of the conditions which they consider necessary for granting consent or of their refusal to grant consent.

However, the competent authorities of the Member State of destination or of any Member State of transit may request a further period of not more than one month in addition to the period referred to in the
  first
  subparagraph to make their position known.

2.   If upon expiry of the periods referred to in
  the second and third
  subparagraphs of paragraph 1 no reply has been received from the competent authorities of the Member State of destination and/or the intended Member States of transit, those countries shall be deemed to have given their consent for the shipment requested
  provided that the acknowledgement of receipt referred to in paragraph 1 has been received from those countries.

2.   If upon expiry of the periods referred to in
  the first or second
  subparagraph of paragraph 1 no reply has been received from the competent authorities of the Member State of destination and/or the intended Member States of transit, those countries shall be deemed to have given their consent for the shipment requested.

| b) | for the Member State of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel
  and
  on relevant national, Community or international legislation applicable to transport of radioactive material. |
| --- | --- |

b)

for the Member State of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel
  and
  on relevant national, Community or international legislation applicable to transport of radioactive material.

| b) | for the Member State of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel
  or
  on relevant national, Community or international legislation applicable to transport of radioactive material. |
| --- | --- |

b)

for the Member State of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel
  or
  on relevant national, Community or international legislation applicable to transport of radioactive material.

The same consent and refusal procedure shall be applied for both shipments of radioactive waste and shipments of spent fuel for disposal.

2.   Where a shipment cannot be completed or if the conditions for shipment are not complied with in accordance with the provisions of this Directive, the competent authorities of the Member State of origin shall ensure that the radioactive waste or the spent fuel in question is taken back by the holder, unless an alternative safe arrangement can be made. They shall ensure that the person responsible for the shipment takes corrective safety measures where necessary.

2.   Where a shipment cannot be completed or if the conditions for shipment are not complied with in accordance with the provisions of this Directive, the competent authorities of the Member State of origin shall ensure that the radioactive waste or the spent fuel in question is taken back by the holder, unless an alternative safe arrangement can be made
  on the basis of the applicable legislation on the management of spent fuel and radioactive waste
  . They shall ensure that the person responsible for the shipment takes corrective safety measures where necessary.

3.   The holder shall be liable for costs arising
  in cases where the shipment cannot or may not be completed.

3.   
  Where the shipment cannot or may not be completed for the reasons referred to in paragraph 1,
  the holder shall be
  primarily
  liable for costs arising,
  unless otherwise provided for either in any applicable legislation or in any contractual arrangement between the holder and any other person involved in the shipment.

The consignee shall be liable for costs arising in cases where the shipment cannot or may not be completed.

deleted

5.   The Member State of destination or any Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State shall forthwith inform the competent authorities of the country of origin of this decision. The consignee
  will
  be liable for costs arising
  in cases where the shipment cannot or may not be completed
  .

5.   The Member State of destination or any Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State shall forthwith inform the competent authorities of the country of origin of this decision.

Where the shipment cannot or may not be completed for the reasons referred to in the first subparagraph,
  the consignee
  shall
  be
  primarily
  liable for costs arising,
  unless otherwise provided for either in any applicable legislation or in any contractual arrangement between the consignee and any other person involved in the shipment.

5.   A Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State shall forthwith inform the competent authorities of the country of origin of this decision. The responsible person referred to in paragraph 1 shall be liable for costs arising
  in cases where the shipment cannot or may not be completed.

5.   A Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State shall forthwith inform the competent authorities of the country of origin of this decision.

Where the shipment cannot or may not be completed for the reasons referred to in the first subparagraph,
  the responsible person referred to in paragraph 1 shall be
  primarily
  liable for costs arising,
  unless otherwise provided for either in any applicable legislation or in any contractual arrangement between that person and any other person involved in the shipment.

5.   The Member State of origin or any Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State of transit shall forthwith inform the competent authorities of the Member State of origin of this decision. Article 9, paragraph 2, applies. The holder
  will
  be liable for costs arising
  in cases where the shipment cannot or may not be completed.

5.   The Member State of origin or any Member State of transit may decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with the provisions of this Directive, or are not in accordance with the authorisations or consents issued pursuant to this Directive. Such Member State of transit shall forthwith inform the competent authorities of the Member State of origin of this decision. Article 9, paragraph 2, applies.

Where the shipment cannot or may not be completed for the reasons referred to in the first subparagraph,
  the holder
  shall
  be
  primarily
  liable for costs arising,
  unless otherwise provided for either in any applicable legislation or in any contractual arrangement between the holder and any other person involved in the shipment.

1.   Member States shall promote agreements in order to facilitate the safe management, including the final disposal, of radioactive waste from countries that produce it in small quantities and where the establishment of appropriate facilities would not be justified from the radiological
  point
  of view.

1.   Member States shall promote agreements in order to facilitate the safe management, including the final disposal, of radioactive waste from countries that produce it in small quantities and where the establishment of appropriate facilities would not be justified from the radiological
  , economic, environmental and safety points
  of view.
  Such agreements shall be concluded subject to the condition that each Member State retains the right to refuse entry into its territory of spent fuel or radioactive waste for final processing or disposal, with the exception of reshipments.

---

(1)  Not yet published in OJ.

(2)  

  OJ L 30, 3.2.2005, p. 10



  .

P6_TA(2006)0301

More research and innovation — investing for growth and employment

European Parliament resolution on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (2006/2005(INI))

The European Parliament,

| — | having regard to the Commission Communication entitled ‘Implementing the Community Lisbon Programme: More Research and Innovation — Investing for growth and employment: A common approach’ (COM(2005)0488) and the accompanying Commission Staff Working Documents (SEC(2005)1253 and SEC(2005)1289), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Implementing the Community Lisbon Programme: More Research and Innovation — Investing for growth and employment: A common approach’ (COM(2005)0488) and the accompanying Commission Staff Working Documents (SEC(2005)1253 and SEC(2005)1289),

| — | having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, which resolved to make the Union the most competitive and dynamic knowledge-based economy in the world, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, which resolved to make the Union the most competitive and dynamic knowledge-based economy in the world,

| — | having regard to the Presidency Conclusions of the Brussels European Council of 22 and 23 March 2005, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council of 22 and 23 March 2005,

| — | having regard to the Presidency Conclusions of the Brussels European Council of 23 and 24 March 2006, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council of 23 and 24 March 2006,

| — | having regard to the Council Recommendation 2005/601/EC of 12 July 2005 on the broad guidelines for the economic policies of the Member States and the Community (2005 to 2008) (1), |
| --- | --- |

—

having regard to the Council Recommendation 2005/601/EC of 12 July 2005 on the broad guidelines for the economic policies of the Member States and the Community (2005 to 2008) (1),

| — | having regard to the Commission Communication entitled ‘Investing in research: an action plan for Europe’ (COM(2003)0226), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Investing in research: an action plan for Europe’ (COM(2003)0226),

| — | having regard to the Commission Communication to the Spring European Council entitled ‘Working together for growth and jobs — A new start for the Lisbon Strategy’ (COM(2005)0024), |
| --- | --- |

—

having regard to the Commission Communication to the Spring European Council entitled ‘Working together for growth and jobs — A new start for the Lisbon Strategy’ (COM(2005)0024),

| — | having regard to the Commission Communication entitled ‘Common Actions for Growth and Employment: The Community Lisbon Programme’ (COM(2005)0330), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Common Actions for Growth and Employment: The Community Lisbon Programme’ (COM(2005)0330),

| — | having regard to the Commission's annual report on research and technological development activities of the European Union in 2004 (COM(2005)0517), |
| --- | --- |

—

having regard to the Commission's annual report on research and technological development activities of the European Union in 2004 (COM(2005)0517),

| — | having regard to the Commission proposal for a decision of the European Parliament and of the Council concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (COM(2005)0119), as amended by the European Parliament in its position of 15 June 2006 (2), |
| --- | --- |

—

having regard to the Commission proposal for a decision of the European Parliament and of the Council concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (COM(2005)0119), as amended by the European Parliament in its position of 15 June 2006 (2),

| — | having regard to the Commission proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) (COM(2005)0121), as amended by the European Parliament in its position of 1 June 2006 (3), |
| --- | --- |

—

having regard to the Commission proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) (COM(2005)0121), as amended by the European Parliament in its position of 1 June 2006 (3),

| — | having regard to the Commission Communication entitled ‘Implementing the renewed partnership for growth and jobs — Developing a knowledge flagship: the European Institute of Technology’ (COM(2006)0077), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Implementing the renewed partnership for growth and jobs — Developing a knowledge flagship: the European Institute of Technology’ (COM(2006)0077),

| — | having regard to the Commission Staff Working Document entitled ‘European Competitiveness Report 2004’ (SEC(2004)1397), |
| --- | --- |

—

having regard to the Commission Staff Working Document entitled ‘European Competitiveness Report 2004’ (SEC(2004)1397),

| — | having regard to the Commission Staff Working Document entitled ‘Benchmarking Enterprise Policy: Results from the 2004 Scoreboard’ (SEC(2004)1427), |
| --- | --- |

—

having regard to the Commission Staff Working Document entitled ‘Benchmarking Enterprise Policy: Results from the 2004 Scoreboard’ (SEC(2004)1427),

| — | having regard to the European Innovation Scoreboard 2005 — Comparative Analysis of Innovation Performance which clearly shows that the United States and Japan are leaders in terms of innovation, |
| --- | --- |

—

having regard to the European Innovation Scoreboard 2005 — Comparative Analysis of Innovation Performance which clearly shows that the United States and Japan are leaders in terms of innovation,

| — | having regard to the Expert Group Report of July 2004 entitled ‘Improving institutions for the transfer of technology from science to enterprises’, |
| --- | --- |

—

having regard to the Expert Group Report of July 2004 entitled ‘Improving institutions for the transfer of technology from science to enterprises’,

| — | having regard to the Expert Group Report of 2004 entitled ‘Management of intellectual property in publicly-funded research organisations: Towards European Guidelines’, |
| --- | --- |

—

having regard to the Expert Group Report of 2004 entitled ‘Management of intellectual property in publicly-funded research organisations: Towards European Guidelines’,

| — | having regard to the Commission report of September 2005 entitled ‘Employment in Europe 2005 — Recent Trends and Prospects’, |
| --- | --- |

—

having regard to the Commission report of September 2005 entitled ‘Employment in Europe 2005 — Recent Trends and Prospects’,

| — | having regard to the report of January 2006, drawn up by the Independent Expert Group on R&D and Innovation appointed following the Hampton Court Summit, entitled ‘Creating an Innovative Europe’ (‘the Aho-report’), |
| --- | --- |

—

having regard to the report of January 2006, drawn up by the Independent Expert Group on R&D and Innovation appointed following the Hampton Court Summit, entitled ‘Creating an Innovative Europe’ (‘the Aho-report’),

| — | having regard to its resolution of 10 March 2005 on science and technology — Guidelines for future European Union policy to support research (4), |
| --- | --- |

—

having regard to its resolution of 10 March 2005 on science and technology — Guidelines for future European Union policy to support research (4),

| — | having regard to its resolution of 19 January 2006 on implementing the European Charter for Small Enterprises (5), |
| --- | --- |

—

having regard to its resolution of 19 January 2006 on implementing the European Charter for Small Enterprises (5),

| — | having regard to its resolution of 14 March 2006 on a European information society for growth and employment (6), |
| --- | --- |

—

having regard to its resolution of 14 March 2006 on a European information society for growth and employment (6),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Culture and Education and the Committee on Employment and Social Affairs (A6-0204/2006), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Culture and Education and the Committee on Employment and Social Affairs (A6-0204/2006),

| A. | whereas Europe lags behind the United States and Japan in terms of growth, research and productivity, failing to capitalise on Information and Communication Technologies (ICT) application or to attract R&D investment into Europe, |
| --- | --- |

A.

whereas Europe lags behind the United States and Japan in terms of growth, research and productivity, failing to capitalise on Information and Communication Technologies (ICT) application or to attract R&D investment into Europe,

| B. | whereas increasing the resources available for R&D is a prerequisite for the successful innovation needed for economic growth and the creation of jobs, |
| --- | --- |

B.

whereas increasing the resources available for R&D is a prerequisite for the successful innovation needed for economic growth and the creation of jobs,

| C. | whereas reports from the Organisation for Economic Co-operation and Development (OECD) show that R&D grants help firms with strategic change and organisational routines, and improve attitudes towards technology, |
| --- | --- |

C.

whereas reports from the Organisation for Economic Co-operation and Development (OECD) show that R&D grants help firms with strategic change and organisational routines, and improve attitudes towards technology,

| D. | whereas while Europe's best companies invest at world class levels, the private sector must make a greater effort in the area of R&D, |
| --- | --- |

D.

whereas while Europe's best companies invest at world class levels, the private sector must make a greater effort in the area of R&D,

| E. | whereas the contributions of small and middle-sized enterprises (SMEs) to the development of new technology-based products and services and markets are dependent upon their capacities to innovate, increase their research efforts, outsource research, extend their networks, better exploit research results and acquire technological know-how, |
| --- | --- |

E.

whereas the contributions of small and middle-sized enterprises (SMEs) to the development of new technology-based products and services and markets are dependent upon their capacities to innovate, increase their research efforts, outsource research, extend their networks, better exploit research results and acquire technological know-how,

| F. | whereas market innovation could benefit those European sectors which directly affect Member States' citizens and account for the highest levels of GDP, |
| --- | --- |

F.

whereas market innovation could benefit those European sectors which directly affect Member States' citizens and account for the highest levels of GDP,

| G. | whereas support organisations such as training and research centres, financial institutions, innovation and intellectual property consultants and local and regional development agencies can help to maximise firms' creative business potential, |
| --- | --- |

G.

whereas support organisations such as training and research centres, financial institutions, innovation and intellectual property consultants and local and regional development agencies can help to maximise firms' creative business potential,

| H. | whereas Europe's weak labour market performance, inefficient use of human resources, market fragmentation and reduced labour mobility largely explain the poor progress made towards the Lisbon and Stockholm objectives, |
| --- | --- |

H.

whereas Europe's weak labour market performance, inefficient use of human resources, market fragmentation and reduced labour mobility largely explain the poor progress made towards the Lisbon and Stockholm objectives,

| I. | whereas structural barriers and insufficient incentives prevent greater mobility of established researchers, |
| --- | --- |

I.

whereas structural barriers and insufficient incentives prevent greater mobility of established researchers,

| J. | whereas European Technology Transfer Institutions and Innovation Relay Centres, allow faster commercialisation, a better dissemination of new technologies, the improved management of intellectual property, a better implementation of research results and better coordination with existing national and regional schemes, |
| --- | --- |

J.

whereas European Technology Transfer Institutions and Innovation Relay Centres, allow faster commercialisation, a better dissemination of new technologies, the improved management of intellectual property, a better implementation of research results and better coordination with existing national and regional schemes,

| K. | whereas adoption of the ‘Open Innovation’ approach would boost R & D capacity in the EU, |
| --- | --- |

K.

whereas adoption of the ‘Open Innovation’ approach would boost R & D capacity in the EU,

| L. | whereas the Commission's proposed research budget should not be back-loaded within the Financial Framework, |
| --- | --- |

L.

whereas the Commission's proposed research budget should not be back-loaded within the Financial Framework,

| M. | whereas a critical mass of EU budget resources for financial instruments is necessary, to enhance SME financing, tackle market failures and optimise Community resources, leveraging public and private capital, |
| --- | --- |

M.

whereas a critical mass of EU budget resources for financial instruments is necessary, to enhance SME financing, tackle market failures and optimise Community resources, leveraging public and private capital,

| N. | whereas researchers need pre-seed finance in order to conduct market assessments, develop pilot and demonstration projects and working prototypes, for company start-ups and to commercialise new research products, and whereas venture capital is needed for subsequent company growth, |
| --- | --- |

N.

whereas researchers need pre-seed finance in order to conduct market assessments, develop pilot and demonstration projects and working prototypes, for company start-ups and to commercialise new research products, and whereas venture capital is needed for subsequent company growth,

| O. | whereas State aid provisions should be simple, transparent and effective, used only as a last resort where the market fails, and granted on a temporary basis; |
| --- | --- |

O.

whereas State aid provisions should be simple, transparent and effective, used only as a last resort where the market fails, and granted on a temporary basis;

| 1. | Urges Member States to promote entrepreneurship from the early stages of education onwards and to strengthen their support for life-long learning by actively encouraging ICT training amongst both employed and unemployed persons; |
| --- | --- |

1.

Urges Member States to promote entrepreneurship from the early stages of education onwards and to strengthen their support for life-long learning by actively encouraging ICT training amongst both employed and unemployed persons;

| 2. | Notes the Union's delays in implementing the Lisbon Strategy in the area of education and training; appeals to the Member States to take it on themselves to relaunch the Lisbon Strategy; |
| --- | --- |

2.

Notes the Union's delays in implementing the Lisbon Strategy in the area of education and training; appeals to the Member States to take it on themselves to relaunch the Lisbon Strategy;

| 3. | Stresses the need to raise the profile of scientific career paths and to promote existing incentives and awards such as the Descartes, Aristotle and young scientist's awards; |
| --- | --- |

3.

Stresses the need to raise the profile of scientific career paths and to promote existing incentives and awards such as the Descartes, Aristotle and young scientist's awards;

| 4. | Calls for greater support to be given to the best European researchers, especially early-stage researchers, in the form of more attractive working conditions, the reduction of legal, administrative and geographical barriers and the equal treatment of European researchers with their foreign counterparts; |
| --- | --- |

4.

Calls for greater support to be given to the best European researchers, especially early-stage researchers, in the form of more attractive working conditions, the reduction of legal, administrative and geographical barriers and the equal treatment of European researchers with their foreign counterparts;

| 5. | Firmly supports the necessary objective of a single market for researchers, as set out by the Commission in its abovementioned communication on ‘Implementing the Community Lisbon Programme: More Research and Innovation — Investing for growth and employment: A common approach’; |
| --- | --- |

5.

Firmly supports the necessary objective of a single market for researchers, as set out by the Commission in its abovementioned communication on ‘Implementing the Community Lisbon Programme: More Research and Innovation — Investing for growth and employment: A common approach’;

| 6. | Acknowledges that incentives to improve employment conditions for scientists and researchers and the ongoing training of the workforce are essential to encourage the sharing of scientific knowledge; |
| --- | --- |

6.

Acknowledges that incentives to improve employment conditions for scientists and researchers and the ongoing training of the workforce are essential to encourage the sharing of scientific knowledge;

| 7. | Believes that training establishments can make a major contribution in this respect and is convinced that, firstly, contact with science and research should commence at school, and secondly, it is necessary to promote creative collaboration between university research staff and the business sector; further considers that obstacles to researchers' mobility should be eliminated by improving their status and career development, objectives which cannot be achieved without improving cooperation between Member States on taxation and the transfer of certain social benefits; |
| --- | --- |

7.

Believes that training establishments can make a major contribution in this respect and is convinced that, firstly, contact with science and research should commence at school, and secondly, it is necessary to promote creative collaboration between university research staff and the business sector; further considers that obstacles to researchers' mobility should be eliminated by improving their status and career development, objectives which cannot be achieved without improving cooperation between Member States on taxation and the transfer of certain social benefits;

| 8. | Supports the European Charter for Researchers and Code of Conduct for the Recruitment of Researchers, since these initiatives may encourage more European students to take up research at university while serving as an incentive to the best foreign researchers, who should be encouraged to pursue their research careers in Europe, either permanently, or temporarily as part of a cooperation agreement through a specific policy of granting short term visas; |
| --- | --- |

8.

Supports the European Charter for Researchers and Code of Conduct for the Recruitment of Researchers, since these initiatives may encourage more European students to take up research at university while serving as an incentive to the best foreign researchers, who should be encouraged to pursue their research careers in Europe, either permanently, or temporarily as part of a cooperation agreement through a specific policy of granting short term visas;

| 9. | Calls on the EU to combat effectively its brain drain and to put in place all appropriate measures to attract excellence to its territory, among other things by promoting exchange programmes with third countries — Erasmus Mundus, for example — aimed at students, researchers, and teachers; takes the view that a European qualifications framework would be important for helping to establish a European labour market open to researchers, and supports efforts to reduce obstacles to the latter's mobility; |
| --- | --- |

9.

Calls on the EU to combat effectively its brain drain and to put in place all appropriate measures to attract excellence to its territory, among other things by promoting exchange programmes with third countries — Erasmus Mundus, for example — aimed at students, researchers, and teachers; takes the view that a European qualifications framework would be important for helping to establish a European labour market open to researchers, and supports efforts to reduce obstacles to the latter's mobility;

| 10. | Notes the importance of fostering a culture which celebrates innovation; urges Member States to allow innovation policy to penetrate all areas of research; |
| --- | --- |

10.

Notes the importance of fostering a culture which celebrates innovation; urges Member States to allow innovation policy to penetrate all areas of research;

| 11. | Stresses the fundamental role of universities in creating and spreading knowledge and strongly recommends that their importance be enhanced by developing synergies between higher education, research, lifelong learning and the productive sectors within the economy; will therefore pay attention to the Commission report on higher education; |
| --- | --- |

11.

Stresses the fundamental role of universities in creating and spreading knowledge and strongly recommends that their importance be enhanced by developing synergies between higher education, research, lifelong learning and the productive sectors within the economy; will therefore pay attention to the Commission report on higher education;

| 12. | Urges the Commission and the Member States to institute and promote European prizes for innovation; |
| --- | --- |

12.

Urges the Commission and the Member States to institute and promote European prizes for innovation;

| 13. | Stresses the importance of promoting the integration of products, processes and knowledge-based services and the introduction of different support systems into non-technological sectors; draws attention in this connection to the fact that non-technological innovation also encompasses social innovation and institutional innovation; |
| --- | --- |

13.

Stresses the importance of promoting the integration of products, processes and knowledge-based services and the introduction of different support systems into non-technological sectors; draws attention in this connection to the fact that non-technological innovation also encompasses social innovation and institutional innovation;

| 14. | Proposes offering selected SMEs which show a particular flair for innovation and business creation limited additional research support for their ventures; |
| --- | --- |

14.

Proposes offering selected SMEs which show a particular flair for innovation and business creation limited additional research support for their ventures;

| 15. | Recommends paying particular attention to ensuring the adequate participation of SMEs in R&D by taking concrete measures such as earmarking a portion of research funding for SMEs; |
| --- | --- |

15.

Recommends paying particular attention to ensuring the adequate participation of SMEs in R&D by taking concrete measures such as earmarking a portion of research funding for SMEs;

| 16. | Points to the need to support SMEs with regard to their research capacity; |
| --- | --- |

16.

Points to the need to support SMEs with regard to their research capacity;

| 17. | Urges Member States to create an innovation-friendly market for citizens and businesses, ensuring better regulation, standards, public procurement and intellectual property rights; urges the Commission to provide information on the protection of the intellectual property rights; |
| --- | --- |

17.

Urges Member States to create an innovation-friendly market for citizens and businesses, ensuring better regulation, standards, public procurement and intellectual property rights; urges the Commission to provide information on the protection of the intellectual property rights;

| 18. | Takes note of the Commissions' view that the EU must acquire a cost-effective, legally watertight and user-friendly system of intellectual property protection so as to attract technologically advanced companies; considers that the protection of intellectual property must not interfere with open access to public goods and public knowledge; urges the Commission to promote a socially inclusive knowledge-based society by supporting, for example, free and open source software and licensing concepts like the General Public License (GPL) and the Public Documentation Licence (PDL); |
| --- | --- |

18.

Takes note of the Commissions' view that the EU must acquire a cost-effective, legally watertight and user-friendly system of intellectual property protection so as to attract technologically advanced companies; considers that the protection of intellectual property must not interfere with open access to public goods and public knowledge; urges the Commission to promote a socially inclusive knowledge-based society by supporting, for example, free and open source software and licensing concepts like the General Public License (GPL) and the Public Documentation Licence (PDL);

| 19. | Notes the need for regional info-points for the coordination of relevant information regarding research and innovation; |
| --- | --- |

19.

Notes the need for regional info-points for the coordination of relevant information regarding research and innovation;

| 20. | Proposes the revised use of standard-setting powers to demand high technical performance levels and quickly reach agreement on new standards; |
| --- | --- |

20.

Proposes the revised use of standard-setting powers to demand high technical performance levels and quickly reach agreement on new standards;

| 21. | Proposes the Europeanization of national clusters, conglomerates, co-operatives and consortia to increase competitive power and critical mass, including multidisciplinary research, mature industries and start-ups; |
| --- | --- |

21.

Proposes the Europeanization of national clusters, conglomerates, co-operatives and consortia to increase competitive power and critical mass, including multidisciplinary research, mature industries and start-ups;

| 22. | Recognises the importance of creating poles and zones of innovation at regional level and of their networking with corresponding structures in other regions and Member States or third countries; |
| --- | --- |

22.

Recognises the importance of creating poles and zones of innovation at regional level and of their networking with corresponding structures in other regions and Member States or third countries;

| 23. | Urges clear target setting in the creation of centres of excellence, all of which should have creativity labs; |
| --- | --- |

23.

Urges clear target setting in the creation of centres of excellence, all of which should have creativity labs;

| 24. | Notes the need for a Community patent and trademark, and for improved reciprocity between the European, United States' and Japanese patent systems; stresses that an integrated Community patent system based on democratic legal standards must be part of an innovation strategy, in which it is essential to ensure a balance between protection of industrial property, dissemination of technical knowledge and free and unrestricted competition; underlines that the purpose of the protection provided by a patent is the safeguarding of an invention and not the controlling of market sectors; |
| --- | --- |

24.

Notes the need for a Community patent and trademark, and for improved reciprocity between the European, United States' and Japanese patent systems; stresses that an integrated Community patent system based on democratic legal standards must be part of an innovation strategy, in which it is essential to ensure a balance between protection of industrial property, dissemination of technical knowledge and free and unrestricted competition; underlines that the purpose of the protection provided by a patent is the safeguarding of an invention and not the controlling of market sectors;

| 25. | Asks the Council to end the stalemate over the proposed Community patent as far as the language regime is concerned; |
| --- | --- |

25.

Asks the Council to end the stalemate over the proposed Community patent as far as the language regime is concerned;

| 26. | Draws the attention of the Commission and the Member States to the recent changes concerning the protection and dissemination of scientific know-how, to the success of scientific reviews published with free access and to the ‘Science Commons’ licence; |
| --- | --- |

26.

Draws the attention of the Commission and the Member States to the recent changes concerning the protection and dissemination of scientific know-how, to the success of scientific reviews published with free access and to the ‘Science Commons’ licence;

| 27. | Urges the Commission to create a general reporting system to monitor indicators such as revenues from contract research, patents filed and granted, licences and revenues from licensing, the number of active contracts, the number of client enterprises (including SMEs) and the number and development of spin-offs, with qualitative interpretation; |
| --- | --- |

27.

Urges the Commission to create a general reporting system to monitor indicators such as revenues from contract research, patents filed and granted, licences and revenues from licensing, the number of active contracts, the number of client enterprises (including SMEs) and the number and development of spin-offs, with qualitative interpretation;

| 28. | Urges Member States to help put institutes for applied research in closer contact with industry, incubators and neighbouring science or industrial parks, enabling them to achieve critical mass; |
| --- | --- |

28.

Urges Member States to help put institutes for applied research in closer contact with industry, incubators and neighbouring science or industrial parks, enabling them to achieve critical mass;

| 29. | Notes that key European sectors continue to suffer from poor coordination and integration, bottlenecks, and poor knowledge management; notes that more SME involvement in European technology platforms would help address these issues; |
| --- | --- |

29.

Notes that key European sectors continue to suffer from poor coordination and integration, bottlenecks, and poor knowledge management; notes that more SME involvement in European technology platforms would help address these issues;

| 30. | Stresses the need to support researchers in accessing pre-seed financing which would enable them to fund activities aimed at proving to investors that a new technology has a certain level of commercial and technical viability; |
| --- | --- |

30.

Stresses the need to support researchers in accessing pre-seed financing which would enable them to fund activities aimed at proving to investors that a new technology has a certain level of commercial and technical viability;

| 31. | Expresses its concern that, even if the vital importance of promoting technological research and innovation is recognised at European level, results obtained within the EU will be limited in terms of funding, performance and capacity utilisation; |
| --- | --- |

31.

Expresses its concern that, even if the vital importance of promoting technological research and innovation is recognised at European level, results obtained within the EU will be limited in terms of funding, performance and capacity utilisation;

| 32. | Notes the importance of creating spin-offs as a means to commercialise research results, and, in particular, the importance of providing credit facilities for this purpose; |
| --- | --- |

32.

Notes the importance of creating spin-offs as a means to commercialise research results, and, in particular, the importance of providing credit facilities for this purpose;

| 33. | Stresses the need for a more developed system of public-private partnerships to improve the quality of research by providing up-to-date equipment, infrastructure and services; |
| --- | --- |

33.

Stresses the need for a more developed system of public-private partnerships to improve the quality of research by providing up-to-date equipment, infrastructure and services;

| 34. | Welcomes the important role of business angels in providing otherwise unavailable investment to innovative firms, especially SMEs; |
| --- | --- |

34.

Welcomes the important role of business angels in providing otherwise unavailable investment to innovative firms, especially SMEs;

| 35. | Notes that eco-innovation, in particular methods of boosting energy efficiency, offers competitive advantages to European companies; |
| --- | --- |

35.

Notes that eco-innovation, in particular methods of boosting energy efficiency, offers competitive advantages to European companies;

| 36. | Notes that individually negotiated loans and grants, where the precise form of the instrument is determined in close contact with customers, will lead to the effective use of funds in terms of volume and time-to-market, focused on real needs; |
| --- | --- |

36.

Notes that individually negotiated loans and grants, where the precise form of the instrument is determined in close contact with customers, will lead to the effective use of funds in terms of volume and time-to-market, focused on real needs;

| 37. | Notes that adequate venture capital is necessary for the creation, growth, boosting and bringing together of research and innovation amongst new entrepreneurial firms; |
| --- | --- |

37.

Notes that adequate venture capital is necessary for the creation, growth, boosting and bringing together of research and innovation amongst new entrepreneurial firms;

| 38. | Urges the Commission, in cooperation with the Member States, to provide SMEs with a framework of structural assistance to upgrade their knowledge management and technological resources, enabling them to play an active role in a demand-led innovation market and become actively involved in technological research and development; |
| --- | --- |

38.

Urges the Commission, in cooperation with the Member States, to provide SMEs with a framework of structural assistance to upgrade their knowledge management and technological resources, enabling them to play an active role in a demand-led innovation market and become actively involved in technological research and development;

| 39. | Observes that it is necessary to provide SMEs with improved access to funding; |
| --- | --- |

39.

Observes that it is necessary to provide SMEs with improved access to funding;

| 40. | Supports the idea, endorsed by the March 2006 Brussels European Council, of easier and wider access to loans from the European Investment Bank for businesses, particularly SMEs which are most in need of encouragement in the field of innovation and research; |
| --- | --- |

40.

Supports the idea, endorsed by the March 2006 Brussels European Council, of easier and wider access to loans from the European Investment Bank for businesses, particularly SMEs which are most in need of encouragement in the field of innovation and research;

| 41. | Proposes that structural funds should be seen as a key means of supporting research and innovation capacity, especially in the pursuit of cohesion; proposes a trebling of the amount of structural funds to be spent on research and innovation; |
| --- | --- |

41.

Proposes that structural funds should be seen as a key means of supporting research and innovation capacity, especially in the pursuit of cohesion; proposes a trebling of the amount of structural funds to be spent on research and innovation;

| 42. | Notes that using public procurement to foster research and innovation is key but that it should not distort competition or favour major market players; |
| --- | --- |

42.

Notes that using public procurement to foster research and innovation is key but that it should not distort competition or favour major market players;

| 43. | Considers that public procurement should not be limited to providing private investment inducements but should play a strategic role, inspiring companies to promote innovation and acquire fresh know-how; |
| --- | --- |

43.

Considers that public procurement should not be limited to providing private investment inducements but should play a strategic role, inspiring companies to promote innovation and acquire fresh know-how;

| 44. | Recognises, that networking between SMEs and large contractors from both the private and the public sector can play an important role in reinforcing innovation; emphasises that public provision of innovative products at both national and Community level can help to fill gaps in the market and promote innovative products and services in general; |
| --- | --- |

44.

Recognises, that networking between SMEs and large contractors from both the private and the public sector can play an important role in reinforcing innovation; emphasises that public provision of innovative products at both national and Community level can help to fill gaps in the market and promote innovative products and services in general;

| 45. | Commends the sweeping reform of the EU's State aid rules, shifting subsidies from big, ailing companies to small and innovative businesses; |
| --- | --- |

45.

Commends the sweeping reform of the EU's State aid rules, shifting subsidies from big, ailing companies to small and innovative businesses;

| 46. | Notes that flexibility and transparency are prerequisites for innovation; |
| --- | --- |

46.

Notes that flexibility and transparency are prerequisites for innovation;

| 47. | Considers it necessary to find a wider range of ways to secure investment in research equipment; |
| --- | --- |

47.

Considers it necessary to find a wider range of ways to secure investment in research equipment;

| 48. | Proposes the implementation of a tax credit system to encourage the service sector to take an interest in research findings and their implementation; |
| --- | --- |

48.

Proposes the implementation of a tax credit system to encourage the service sector to take an interest in research findings and their implementation;

| 49. | Proposes a ‘single fund structure’ to avoid the double taxation of investors located in one Member State investing through a fund in another; |
| --- | --- |

49.

Proposes a ‘single fund structure’ to avoid the double taxation of investors located in one Member State investing through a fund in another;

| 50. | Emphasises the need to examine whether the current structures and mechanisms with particular expertise in innovation are adequate to ensure a broad approach to innovation and able to promote it by contributing to a better coordination of action and policies; |
| --- | --- |

50.

Emphasises the need to examine whether the current structures and mechanisms with particular expertise in innovation are adequate to ensure a broad approach to innovation and able to promote it by contributing to a better coordination of action and policies;

| 51. | Asks the Council to report annually to the European Parliament on the trends in investment from national budgets in public research (the objective being 1 % of GDP); |
| --- | --- |

51.

Asks the Council to report annually to the European Parliament on the trends in investment from national budgets in public research (the objective being 1 % of GDP);

| 52. | Notes that the objective of investing 3 % of EU GDP in research by 2010 will probably not be achieved; regrets that at the March 2006 Brussels European Council the Member States did not make firmer commitments in favour of research and innovation; regrets that they did not fix a minimum target for increasing public aid in 2010; |
| --- | --- |

52.

Notes that the objective of investing 3 % of EU GDP in research by 2010 will probably not be achieved; regrets that at the March 2006 Brussels European Council the Member States did not make firmer commitments in favour of research and innovation; regrets that they did not fix a minimum target for increasing public aid in 2010;

| 53. | Believes that Community instruments such as the i2010 strategy, the seventh Framework Programme for research, technological development and demonstration activities and the Competitiveness and Innovation Framework Programme can contribute to bridging the gap between research findings and financial gain; |
| --- | --- |

53.

Believes that Community instruments such as the i2010 strategy, the seventh Framework Programme for research, technological development and demonstration activities and the Competitiveness and Innovation Framework Programme can contribute to bridging the gap between research findings and financial gain;

| 54. | Stresses that improved research and innovation policies must contribute to new employment opportunities through sustainable development, with a focus on eco-innovation and sustainable production (e.g. solar-hydrogen technologies, wind energy, fuel cells, biomass, plant based chemical industry), eco-efficient services (energy conservation, mobility services, re-use and recycling) and sustainable engineering and management methods (e.g. bionics, Integrated Product Policy); |
| --- | --- |

54.

Stresses that improved research and innovation policies must contribute to new employment opportunities through sustainable development, with a focus on eco-innovation and sustainable production (e.g. solar-hydrogen technologies, wind energy, fuel cells, biomass, plant based chemical industry), eco-efficient services (energy conservation, mobility services, re-use and recycling) and sustainable engineering and management methods (e.g. bionics, Integrated Product Policy);

| 55. | Welcomes the Commission's recommendation that within the framework of the ‘Better Regulation’ initiative, the impact assessment should include assessments of the effects of recommendations in the field of research and innovation; |
| --- | --- |

55.

Welcomes the Commission's recommendation that within the framework of the ‘Better Regulation’ initiative, the impact assessment should include assessments of the effects of recommendations in the field of research and innovation;

| 56. | Calls on the Member States to make better use of the European funds allocated to them and draws attention to those Member States which have put job creation at the heart of their plans by investing more than 35 % of the appropriations from the European Social Fund in the modernisation of their education and training systems; |
| --- | --- |

56.

Calls on the Member States to make better use of the European funds allocated to them and draws attention to those Member States which have put job creation at the heart of their plans by investing more than 35 % of the appropriations from the European Social Fund in the modernisation of their education and training systems;

| 57. | Instructs its President to forward this resolution to the Council, the Commission, and to the governments of the Member States. |
| --- | --- |

57.

Instructs its President to forward this resolution to the Council, the Commission, and to the governments of the Member States.

---

(1)  OJ L 205, 6.8.2005, p. 28.

(2)  Text Adopted, P6_TA(2006)0265.

(3)  Texts Adopted, P6_TA(2006)0230.

(4)  OJ C 320 E, 15.12.2005, p. 259.

(5)  Texts Adopted, P6_TA(2006)0022.

(6)  Texts Adopted, P6_TA(2006)0079.

P6_TA(2006)0302

Towards a more integrated approach for industrial policy

European Parliament resolution on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (2006/2003(INI))

The European Parliament,

| — | having regard to the communication from the Commission entitled ‘Implementing the Community Lisbon Programme: A policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy’ (COM(2005)0474), |
| --- | --- |

—

having regard to the communication from the Commission entitled ‘Implementing the Community Lisbon Programme: A policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy’ (COM(2005)0474),

| — | having regard to the Commission Staff Working Documents accompanying that communication (SEC(2005)1215, SEC(2005)1216 and SEC(2005)1217), |
| --- | --- |

—

having regard to the Commission Staff Working Documents accompanying that communication (SEC(2005)1215, SEC(2005)1216 and SEC(2005)1217),

| — | having regard to the conclusions of the Competitiveness Council of 28 November 2005, |
| --- | --- |

—

having regard to the conclusions of the Competitiveness Council of 28 November 2005,

| — | having regard to the Presidency conclusions of the Brussels European Council of 23 and 24 March 2006, |
| --- | --- |

—

having regard to the Presidency conclusions of the Brussels European Council of 23 and 24 March 2006,

| — | having regard to the opinion of the European Economic and Social Committee to the aforementioned Commission communication (INT/288 — CESE 595/2006), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee to the aforementioned Commission communication (INT/288 — CESE 595/2006),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Employment and Social Affairs (A6-0206/2006), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Employment and Social Affairs (A6-0206/2006),

| A. | whereas the abovementioned Commission communication outlines, on the basis of a detailed screening of the competitiveness of 27 individual sectors, a work programme for industrial policy in manufacturing industries for the coming years, |
| --- | --- |

A.

whereas the abovementioned Commission communication outlines, on the basis of a detailed screening of the competitiveness of 27 individual sectors, a work programme for industrial policy in manufacturing industries for the coming years,

| B. | whereas a dynamic and highly competitive industrial sector and high social and environmental standards are the ingredients of the European model of economic development, |
| --- | --- |

B.

whereas a dynamic and highly competitive industrial sector and high social and environmental standards are the ingredients of the European model of economic development,

| C. | whereas the EU manufacturing industry provides around 20 % of EU output and employs some 34 million people more than half of which work in small and medium-sized enterprises (SMEs), |
| --- | --- |

C.

whereas the EU manufacturing industry provides around 20 % of EU output and employs some 34 million people more than half of which work in small and medium-sized enterprises (SMEs),

| D. | whereas the Council recognises the importance of the manufacturing industry as a generator of new and innovative products, |
| --- | --- |

D.

whereas the Council recognises the importance of the manufacturing industry as a generator of new and innovative products,

| 1. | Welcomes the Commission communication, which sets out a policy framework and an enhanced work programme for the manufacturing industries for the coming years; considers this communication a major building-block for shaping a sound and balanced industrial policy by combining concrete sectoral actions with cross-sectoral policy initiatives; |
| --- | --- |

1.

Welcomes the Commission communication, which sets out a policy framework and an enhanced work programme for the manufacturing industries for the coming years; considers this communication a major building-block for shaping a sound and balanced industrial policy by combining concrete sectoral actions with cross-sectoral policy initiatives;

| 2. | Recognises the important role of the manufacturing industries in the EU; points out that manufacturing, services and trade are strongly and increasingly interlinked in the modern business environment; strongly supports, therefore, the development of a coherent industrial policy at European level to tackle the challenges of globalisation; |
| --- | --- |

2.

Recognises the important role of the manufacturing industries in the EU; points out that manufacturing, services and trade are strongly and increasingly interlinked in the modern business environment; strongly supports, therefore, the development of a coherent industrial policy at European level to tackle the challenges of globalisation;

| 3. | Recalls that the EU must aspire to remain a major industrial power, and not merely confine itself to developing its services sector; |
| --- | --- |

3.

Recalls that the EU must aspire to remain a major industrial power, and not merely confine itself to developing its services sector;

| 4. | Considers that the EU should take care to ensure the joint development of competitiveness strategies in the industrial and service sectors and promote good practice as regards the entrepreneurial environment and entrepreneurship, including corporate social responsibility and equal opportunities for men and women; |
| --- | --- |

4.

Considers that the EU should take care to ensure the joint development of competitiveness strategies in the industrial and service sectors and promote good practice as regards the entrepreneurial environment and entrepreneurship, including corporate social responsibility and equal opportunities for men and women;

| 5. | Recalls that the objectives of the Lisbon strategy are minimum objectives which the Member States should commit themselves to upholding; notes that, recently, several Member States adopted national policies to strengthen manufacturing industries; believes that isolated national policies could hamper the development of a European industrial policy and that better coordination between actions taken by the Member States and Community actions could strengthen both; therefore urges the Commission and the Member States to devise mechanisms to effectively coordinate actions in this field, involving governments, industry and stakeholders at European, national and regional level; |
| --- | --- |

5.

Recalls that the objectives of the Lisbon strategy are minimum objectives which the Member States should commit themselves to upholding; notes that, recently, several Member States adopted national policies to strengthen manufacturing industries; believes that isolated national policies could hamper the development of a European industrial policy and that better coordination between actions taken by the Member States and Community actions could strengthen both; therefore urges the Commission and the Member States to devise mechanisms to effectively coordinate actions in this field, involving governments, industry and stakeholders at European, national and regional level;

| 6. | Notes that, without government action, it will be impossible to establish a framework for industry which is stable and attractive and affords legal certainty; points out that the work of a modern public sector is vital for dealing with infrastructure and fostering both education and innovation; |
| --- | --- |

6.

Notes that, without government action, it will be impossible to establish a framework for industry which is stable and attractive and affords legal certainty; points out that the work of a modern public sector is vital for dealing with infrastructure and fostering both education and innovation;

| 7. | Considers that the Community policy of aid and support for national industrial policies must aim to develop European Flagships for Excellence, creating synergies between the skills of local labour markets and research centres, without neglecting a political and macroeconomic environment which is geared to development, and as a means of promoting greater investment and creating wealth and high-quality jobs with rights; welcomes the fact that the Commission communication gives a definition of a European industrial policy; stresses, however, that this approach must not be purely horizontal but that there is also a need to think in sector-specific terms; |
| --- | --- |

7.

Considers that the Community policy of aid and support for national industrial policies must aim to develop European Flagships for Excellence, creating synergies between the skills of local labour markets and research centres, without neglecting a political and macroeconomic environment which is geared to development, and as a means of promoting greater investment and creating wealth and high-quality jobs with rights; welcomes the fact that the Commission communication gives a definition of a European industrial policy; stresses, however, that this approach must not be purely horizontal but that there is also a need to think in sector-specific terms;

| 8. | Reminds the Commission of the need to mainstream energy-saving and efficiency measures in all policy areas; notes that energy costs are a major factor in many industries and calls, therefore, on the Commission to propose specific measures and programmes in this respect as part of its industrial policy; |
| --- | --- |

8.

Reminds the Commission of the need to mainstream energy-saving and efficiency measures in all policy areas; notes that energy costs are a major factor in many industries and calls, therefore, on the Commission to propose specific measures and programmes in this respect as part of its industrial policy;

| 9. | Supports the initiatives set out in the Commission communication; welcomes the detailed analysis of the 27 sectors and the clear focus in the recommendations; sees, however, the concrete implementation of the initiatives as the current challenge; believes that, to guarantee coherent implementation in the long term, the initiatives proposed will need to be coordinated within one directorate-general, the Directorate-General for Enterprise and Industry, and one Council configuration, the ‘Competitiveness’ configuration; in this respect, calls on the Commission to inform the European Parliament of the progress achieved in relation to the initiatives before the end of 2006; calls on the Commission also to consider the possibility of a systematic evaluation and regular assessment of the benefits and added value of initiatives such as high-level groups, innovation panels and working parties in those sectors in which they operate; |
| --- | --- |

9.

Supports the initiatives set out in the Commission communication; welcomes the detailed analysis of the 27 sectors and the clear focus in the recommendations; sees, however, the concrete implementation of the initiatives as the current challenge; believes that, to guarantee coherent implementation in the long term, the initiatives proposed will need to be coordinated within one directorate-general, the Directorate-General for Enterprise and Industry, and one Council configuration, the ‘Competitiveness’ configuration; in this respect, calls on the Commission to inform the European Parliament of the progress achieved in relation to the initiatives before the end of 2006; calls on the Commission also to consider the possibility of a systematic evaluation and regular assessment of the benefits and added value of initiatives such as high-level groups, innovation panels and working parties in those sectors in which they operate;

| 10. | Encourages the Commission to pay adequate attention to all sectors of the manufacturing industries and, where necessary, to fill in the gaps, both with regard to the analysis of certain sectors and to the actions to be taken, bearing in mind the high degree of regional concentration existing in some industries; |
| --- | --- |

10.

Encourages the Commission to pay adequate attention to all sectors of the manufacturing industries and, where necessary, to fill in the gaps, both with regard to the analysis of certain sectors and to the actions to be taken, bearing in mind the high degree of regional concentration existing in some industries;

| 11. | Recognises the need for increased competitiveness in manufacturing industries; welcomes the fact that the Commission stresses the social responsibility of business and the need for sustainable development; calls on the Commission to accord the same weight to the working environment and to the health and safety of workers as to ensuring the creation of more and better jobs; |
| --- | --- |

11.

Recognises the need for increased competitiveness in manufacturing industries; welcomes the fact that the Commission stresses the social responsibility of business and the need for sustainable development; calls on the Commission to accord the same weight to the working environment and to the health and safety of workers as to ensuring the creation of more and better jobs;

| 12. | Recognises that, to pursue a European industrial policy in sectors of strategic interest to Member States' economies, it is essential to strengthen existing industries, to keep the internal market open, to regulate as and where necessary, and to allow for factors related to competitiveness which could affect employment levels in many Member States, as well as supporting the modernisation of all European industry that is already competitive or could become competitive; |
| --- | --- |

12.

Recognises that, to pursue a European industrial policy in sectors of strategic interest to Member States' economies, it is essential to strengthen existing industries, to keep the internal market open, to regulate as and where necessary, and to allow for factors related to competitiveness which could affect employment levels in many Member States, as well as supporting the modernisation of all European industry that is already competitive or could become competitive;

| 13. | Is convinced that the future of Europe's manufacturing industries lies in increased added value and better quality; is therefore concerned that overall EU trade is still concentrated in sectors with medium-high technologies and low to intermediate labour skills; believes that education and training at all levels are key issues, both in terms of improving labour force qualifications and facilitating structural change; regrets the fact that the Commission communication does not pay enough attention to education, lifelong learning and training; urges the Member States to increase their efforts to attract more young students into technical and scientific studies; |
| --- | --- |

13.

Is convinced that the future of Europe's manufacturing industries lies in increased added value and better quality; is therefore concerned that overall EU trade is still concentrated in sectors with medium-high technologies and low to intermediate labour skills; believes that education and training at all levels are key issues, both in terms of improving labour force qualifications and facilitating structural change; regrets the fact that the Commission communication does not pay enough attention to education, lifelong learning and training; urges the Member States to increase their efforts to attract more young students into technical and scientific studies;

| 14. | Welcomes the Commission's recognition of the fact that a well-trained and flexible labour force is the EU's most important resource and competitiveness factor; calls on the EU to concentrate on enhancing skills development for workers at all levels, particularly unskilled workers; |
| --- | --- |

14.

Welcomes the Commission's recognition of the fact that a well-trained and flexible labour force is the EU's most important resource and competitiveness factor; calls on the EU to concentrate on enhancing skills development for workers at all levels, particularly unskilled workers;

| 15. | Takes a positive view, furthermore, of the Commission's proposals to address the shortage of special skills facing industry through policies to promote transparency and the transfer and recognition of qualifications and to identify current needs for skills per sector and where skills shortages lie; |
| --- | --- |

15.

Takes a positive view, furthermore, of the Commission's proposals to address the shortage of special skills facing industry through policies to promote transparency and the transfer and recognition of qualifications and to identify current needs for skills per sector and where skills shortages lie;

| 16. | Points out that more clear-cut investment is needed to improve the skill levels of the work force, for instance by way of training-related operational programmes for science and technology aimed at guaranteeing the quality of, and diversifying, training opportunities in the various Member States; |
| --- | --- |

16.

Points out that more clear-cut investment is needed to improve the skill levels of the work force, for instance by way of training-related operational programmes for science and technology aimed at guaranteeing the quality of, and diversifying, training opportunities in the various Member States;

| 17. | Calls on undertakings to ensure the best possible training conditions for workers by providing ongoing training for their employees, with undertakings drawing up skills plans and taking responsibility in a general way for lifelong learning and the continuing training of their workers; |
| --- | --- |

17.

Calls on undertakings to ensure the best possible training conditions for workers by providing ongoing training for their employees, with undertakings drawing up skills plans and taking responsibility in a general way for lifelong learning and the continuing training of their workers;

| 18. | Considers that the transfer of knowledge and the application of research results in new products and processes is still too weak in the manufacturing industries, and especially in SMEs; in this respect, sees a clear need to bridge the current gap between the research community and the market sector; is convinced that special attention must be given to jointly tackling this problem and urges the Commission and the Member States to swiftly come forward with concrete measures to solve it; to this end stresses that the possibilities offered by the Competitiveness and Innovation Framework Programme should be utilised rationally and as effectively as possible; |
| --- | --- |

18.

Considers that the transfer of knowledge and the application of research results in new products and processes is still too weak in the manufacturing industries, and especially in SMEs; in this respect, sees a clear need to bridge the current gap between the research community and the market sector; is convinced that special attention must be given to jointly tackling this problem and urges the Commission and the Member States to swiftly come forward with concrete measures to solve it; to this end stresses that the possibilities offered by the Competitiveness and Innovation Framework Programme should be utilised rationally and as effectively as possible;

| 19. | Believes that consideration should be given to the specific needs of micro and small businesses, since the problems they face cannot be compared with those facing large enterprises; |
| --- | --- |

19.

Believes that consideration should be given to the specific needs of micro and small businesses, since the problems they face cannot be compared with those facing large enterprises;

| 20. | Recognises that schemes need to be devised to provide direct support for research activities carried out in consortia, involving companies and research units or university teams, thus enabling skills and technologies to be transferred more rapidly; |
| --- | --- |

20.

Recognises that schemes need to be devised to provide direct support for research activities carried out in consortia, involving companies and research units or university teams, thus enabling skills and technologies to be transferred more rapidly;

| 21. | Emphasises, in line with the 2006 Report of the Independent Expert Group on R&D and Innovation, entitled ‘Creating an Innovative Europe’, that State aid to companies other than SMEs is appropriate when it is granted for the purpose of encouraging cooperation with other companies, SMEs, academic institutions in ‘open innovation clusters’, poles of excellence, and collaborative R&D programmes; |
| --- | --- |

21.

Emphasises, in line with the 2006 Report of the Independent Expert Group on R&D and Innovation, entitled ‘Creating an Innovative Europe’, that State aid to companies other than SMEs is appropriate when it is granted for the purpose of encouraging cooperation with other companies, SMEs, academic institutions in ‘open innovation clusters’, poles of excellence, and collaborative R&D programmes;

| 22. | Points out that the EU's prosperity depends on developing world-class innovative European industries; |
| --- | --- |

22.

Points out that the EU's prosperity depends on developing world-class innovative European industries;

| 23. | Welcomes the concept of Technology Platforms which will provide a boost to developing lines of research which will meet the requirements of the market; believes, however, that more funding is needed for applied research leading to innovative products; in this respect, welcomes the European Investment Bank's (EIB) intention to increase substantially the financing available for growth-enhancing investments in R&D and SMEs; recalls the conclusions of the abovementioned Brussels' European Council, expecting up to 30 billion Euro in venture capital and guaranteed bank loans to support innovation and to reinforce action in R&D; encourages the Commission and the EIB, together with the private sector, to give follow-up to these conclusions in practical terms; |
| --- | --- |

23.

Welcomes the concept of Technology Platforms which will provide a boost to developing lines of research which will meet the requirements of the market; believes, however, that more funding is needed for applied research leading to innovative products; in this respect, welcomes the European Investment Bank's (EIB) intention to increase substantially the financing available for growth-enhancing investments in R&D and SMEs; recalls the conclusions of the abovementioned Brussels' European Council, expecting up to 30 billion Euro in venture capital and guaranteed bank loans to support innovation and to reinforce action in R&D; encourages the Commission and the EIB, together with the private sector, to give follow-up to these conclusions in practical terms;

| 24. | Stresses the major potential of nano-sciences and nano-technologies and urges the manufacturing industry to keep up to date with technological progress and the provisions of the 2005 to 2009 European programme of action in this field so as to be in a position to take advantages of the opportunities and new perspectives opening up for each of its sectors; |
| --- | --- |

24.

Stresses the major potential of nano-sciences and nano-technologies and urges the manufacturing industry to keep up to date with technological progress and the provisions of the 2005 to 2009 European programme of action in this field so as to be in a position to take advantages of the opportunities and new perspectives opening up for each of its sectors;

| 25. | Stresses the problem of access to finance and venture capital, especially for innovative start-ups and SMEs; therefore, asks the Commission to closely involve the EIB and the European Investment Fund in the work of the sectoral initiatives; |
| --- | --- |

25.

Stresses the problem of access to finance and venture capital, especially for innovative start-ups and SMEs; therefore, asks the Commission to closely involve the EIB and the European Investment Fund in the work of the sectoral initiatives;

| 26. | Considers that it might be very useful to set up a high-level group to ensure that legislation concerning industry, energy, and the environment is consistent with the aim of improving sustainability and competitiveness; points out that, as well as the electricity market, the market in natural gas likewise needs to be analysed, bearing in mind that both entail far-reaching implications for some manufacturing industries; |
| --- | --- |

26.

Considers that it might be very useful to set up a high-level group to ensure that legislation concerning industry, energy, and the environment is consistent with the aim of improving sustainability and competitiveness; points out that, as well as the electricity market, the market in natural gas likewise needs to be analysed, bearing in mind that both entail far-reaching implications for some manufacturing industries;

| 27. | Points out that the manufacturing industries are often marked by regional concentration; therefore urges regional and national authorities, working in close collaboration with economic and social players, to draw up local strategy plans for areas which are, or have the potential to become, centres of innovative manufacturing clusters; to this end, calls for local strategy plans to be targeted at making the best possible use of the primary wealth producing sector, research potential and any comparative benefits offered by each region; calls on Member States to make full use of the possibilities in the Structural Funds in this respect; |
| --- | --- |

27.

Points out that the manufacturing industries are often marked by regional concentration; therefore urges regional and national authorities, working in close collaboration with economic and social players, to draw up local strategy plans for areas which are, or have the potential to become, centres of innovative manufacturing clusters; to this end, calls for local strategy plans to be targeted at making the best possible use of the primary wealth producing sector, research potential and any comparative benefits offered by each region; calls on Member States to make full use of the possibilities in the Structural Funds in this respect;

| 28. | Points out that future European industrial policy measures must allow not just for the sectoral dimension, but also for the territorial dimension; notes that areas with a high concentration of manufacturing industry have to have industrial and economic policies geared to their specific needs; calls on the Commission, therefore, to follow up the proposals announced in its communication by bringing further consideration to bear on the questions whether cooperation should be intensified among regions facing similar problems and challenges and how manufacturing companies in those regions might be encouraged to set up networks within which to pursue and coordinate the necessary industrial and economic policies; |
| --- | --- |

28.

Points out that future European industrial policy measures must allow not just for the sectoral dimension, but also for the territorial dimension; notes that areas with a high concentration of manufacturing industry have to have industrial and economic policies geared to their specific needs; calls on the Commission, therefore, to follow up the proposals announced in its communication by bringing further consideration to bear on the questions whether cooperation should be intensified among regions facing similar problems and challenges and how manufacturing companies in those regions might be encouraged to set up networks within which to pursue and coordinate the necessary industrial and economic policies;

| 29. | Welcomes the Commission proposal to integrate and coordinate industrial policy with other policies, including cohesion, environmental, R&D, and energy policies; notes that cohesion policy and industrial policy are interrelated, given that infrastructure and human resources are needed to enable industrial policy to succeed and to enhance the significant role of the European Works Councils, and hence that it is essential to bring policies into a coherent relationship and secure a high degree of involvement within society; |
| --- | --- |

29.

Welcomes the Commission proposal to integrate and coordinate industrial policy with other policies, including cohesion, environmental, R&D, and energy policies; notes that cohesion policy and industrial policy are interrelated, given that infrastructure and human resources are needed to enable industrial policy to succeed and to enhance the significant role of the European Works Councils, and hence that it is essential to bring policies into a coherent relationship and secure a high degree of involvement within society;

| 30. | Believes that sectors facing fierce international competition should jointly adopt measures to facilitate their restructuring and modernization; in this respect, cites a number of initiatives, such as LeaderSHIP 2015, CARS21 and the High-Level Group on textiles and clothing, as good examples; in view of the urgent need for action in those sectors, calls on the Commission to submit concrete proposals by Autumn 2006 with a view to their adoption by the Council, following an opinion from the European Parliament, before the end of 2006; welcomes the intention of the Commission to set up such sector-specific initiatives for the pharmaceutical, chemical, defence, space and mechanical engineering industries; |
| --- | --- |

30.

Believes that sectors facing fierce international competition should jointly adopt measures to facilitate their restructuring and modernization; in this respect, cites a number of initiatives, such as LeaderSHIP 2015, CARS21 and the High-Level Group on textiles and clothing, as good examples; in view of the urgent need for action in those sectors, calls on the Commission to submit concrete proposals by Autumn 2006 with a view to their adoption by the Council, following an opinion from the European Parliament, before the end of 2006; welcomes the intention of the Commission to set up such sector-specific initiatives for the pharmaceutical, chemical, defence, space and mechanical engineering industries;

| 31. | Is of the opinion that, as far as individual sectors are concerned, workers' trade unions, consumer associations, and employers' organisations must be involved in the debate so as to help ensure that industrial policy solutions will be better suited to their purpose and more comprehensive; |
| --- | --- |

31.

Is of the opinion that, as far as individual sectors are concerned, workers' trade unions, consumer associations, and employers' organisations must be involved in the debate so as to help ensure that industrial policy solutions will be better suited to their purpose and more comprehensive;

| 32. | Stresses the importance of establishing a dialogue with all the parties concerned, and welcomes the creation of the High-Level Group on Competitiveness, Energy and the Environment; |
| --- | --- |

32.

Stresses the importance of establishing a dialogue with all the parties concerned, and welcomes the creation of the High-Level Group on Competitiveness, Energy and the Environment;

| 33. | Welcomes the European Globalisation Adjustment Fund; insists that it focus on helping workers made redundant due to globalisation to find new jobs, mainly by improving and adapting their qualifications; |
| --- | --- |

33.

Welcomes the European Globalisation Adjustment Fund; insists that it focus on helping workers made redundant due to globalisation to find new jobs, mainly by improving and adapting their qualifications;

| 34. | Maintains that no Community aid should be granted to companies which, after receiving such support in a Member State, transfer their manufacturing operations to another country without completely fulfilling the agreements entered into with the Member State concerned; |
| --- | --- |

34.

Maintains that no Community aid should be granted to companies which, after receiving such support in a Member State, transfer their manufacturing operations to another country without completely fulfilling the agreements entered into with the Member State concerned;

| 35. | Calls for the rights of workers to be protected when manufacturing companies are restructured and hence for information to be made fully available to workers' representative bodies; |
| --- | --- |

35.

Calls for the rights of workers to be protected when manufacturing companies are restructured and hence for information to be made fully available to workers' representative bodies;

| 36. | Points out that dialogue between management and workers has a key role to play in matters related to modernisation and in coming up with ways to anticipate and to implement the changes needed for sectors to remain or become competitive; |
| --- | --- |

36.

Points out that dialogue between management and workers has a key role to play in matters related to modernisation and in coming up with ways to anticipate and to implement the changes needed for sectors to remain or become competitive;

| 37. | Calls on the Commission to make an in-depth analysis of the current situation of the manufacturing industries in the new Member States and the challenges ahead and to ensure that Community legislation is properly enforced; this will make it possible to obtain aggregated data for the 25 Member States and, on the basis of those data, to analyse the various sectors and draw up recommendations to guide industrial policy; |
| --- | --- |

37.

Calls on the Commission to make an in-depth analysis of the current situation of the manufacturing industries in the new Member States and the challenges ahead and to ensure that Community legislation is properly enforced; this will make it possible to obtain aggregated data for the 25 Member States and, on the basis of those data, to analyse the various sectors and draw up recommendations to guide industrial policy;

| 38. | Calls on the Commission to take further measures in support of exporting companies and those which invest on the largest scale in research and innovation projects; |
| --- | --- |

38.

Calls on the Commission to take further measures in support of exporting companies and those which invest on the largest scale in research and innovation projects;

| 39. | Urges the Commission to focus on the area of market surveillance and the fight against unfair competition and counterfeiting; invites the Commission to come forward before the end of 2006 with concrete proposals in the area of protection and enforcement of intellectual property rights; in this regard, considers that efforts need to be intensified with a view to hunting out imported counterfeit products from non-member countries and that, to unearth practices of this kind, Member States should exchange information and employ more advanced technology applications at the points where goods enter the EU; |
| --- | --- |

39.

Urges the Commission to focus on the area of market surveillance and the fight against unfair competition and counterfeiting; invites the Commission to come forward before the end of 2006 with concrete proposals in the area of protection and enforcement of intellectual property rights; in this regard, considers that efforts need to be intensified with a view to hunting out imported counterfeit products from non-member countries and that, to unearth practices of this kind, Member States should exchange information and employ more advanced technology applications at the points where goods enter the EU;

| 40. | Calls on the Commission to monitor and record the extent to which imported products comply with European environmental and consumer health protection legislation and affect the competitiveness of European products; |
| --- | --- |

40.

Calls on the Commission to monitor and record the extent to which imported products comply with European environmental and consumer health protection legislation and affect the competitiveness of European products;

| 41. | Stresses the importance of market access for the manufacturing industries; urges the Commission to continue its efforts, working in tandem with the sectors affected, to identify international practices which can adversely affect the competitiveness of European undertakings, particularly regulations and subsidies, and tackle barriers to trade and investment that are in breach of international rules; sees in bilateral agreements a good opportunity to overcome these challenges in a fair, transparent and forward-thinking manner and hence to make the principle of reciprocity the general rule in the Union's trading relations; |
| --- | --- |

41.

Stresses the importance of market access for the manufacturing industries; urges the Commission to continue its efforts, working in tandem with the sectors affected, to identify international practices which can adversely affect the competitiveness of European undertakings, particularly regulations and subsidies, and tackle barriers to trade and investment that are in breach of international rules; sees in bilateral agreements a good opportunity to overcome these challenges in a fair, transparent and forward-thinking manner and hence to make the principle of reciprocity the general rule in the Union's trading relations;

| 42. | Stresses that legislation seeking to include environmental matters in economic policies and strategies should allow the Member States scope for flexibility in the choice of economic and financial instruments; |
| --- | --- |

42.

Stresses that legislation seeking to include environmental matters in economic policies and strategies should allow the Member States scope for flexibility in the choice of economic and financial instruments;

| 43. | Believes that, as regards the measures to be taken, especially in the WTO, it is necessary to allow for the context obtaining in, and the specific characteristics of, each sector, the opportunities and challenges that may arise, and the difficulties posed for individual Member States; |
| --- | --- |

43.

Believes that, as regards the measures to be taken, especially in the WTO, it is necessary to allow for the context obtaining in, and the specific characteristics of, each sector, the opportunities and challenges that may arise, and the difficulties posed for individual Member States;

| 44. | Calls on the Member States and the Commission to pursue sustainable development objectives by bringing economic, social, and environmental aspects into an even balance; |
| --- | --- |

44.

Calls on the Member States and the Commission to pursue sustainable development objectives by bringing economic, social, and environmental aspects into an even balance;

| 45. | Instructs its President to forward this resolution to the Council and Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

45.

Instructs its President to forward this resolution to the Council and Commission, and to the governments and parliaments of the Member States.

---

Thursday, 6 July 2006

| 13.12.2006 | EN | Official Journal of the European Union | CE 303/651 |
| --- | --- | --- | --- |

13.12.2006

EN

Official Journal of the European Union

CE 303/651

---

MINUTES

(2006/C 303 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

1.   Opening of sitting

The sitting opened at 10.00.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:






  — | Proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD))






  referred to | responsible | : | AFET |
| --- | --- | --- | --- | --- | --- |
| opinion | : | DEVE, BUDG, FEMM |

1)

from the Council and Commission:

—

Proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD))

referred to

responsible

:

AFET

opinion

:

DEVE, BUDG, FEMM

| — | Proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD))






  referred to | responsible | : | AGRI |
| --- | --- | --- | --- | --- |
| opinion | : | ENVI |

—

Proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD))

referred to

responsible

:

AGRI

opinion

:

ENVI

| — | Proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) (COM(2006)0339 — C6-0216/2006 — 2006/0114(COD))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | BUDG |

—

Proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) (COM(2006)0339 — C6-0216/2006 — 2006/0114(COD))

referred to

responsible

:

CONT

opinion

:

BUDG

| — | Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |
| opinion | : | AGRI |

—

Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD))

referred to

responsible

:

BUDG

opinion

:

AGRI

| — | Proposal for a Council decision on the conclusion of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (COM(2006)0113 — C6-0218/2006 — 2006/0036(CNS))






  referred to | responsible | : | TRAN |
| --- | --- | --- | --- | --- |

—

Proposal for a Council decision on the conclusion of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (COM(2006)0113 — C6-0218/2006 — 2006/0036(CNS))

referred to

responsible

:

TRAN

| — | Proposal for transfer of appropriations DEC 25/2006 — Section III — Commission (SEC(2006)0718 — C6-0219/2006 — 2006/2185(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 25/2006 — Section III — Commission (SEC(2006)0718 — C6-0219/2006 — 2006/2185(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 26/2006 — Section III — Commission (SEC(2006)0802 — C6-0220/2006 — 2006/2186(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 26/2006 — Section III — Commission (SEC(2006)0802 — C6-0220/2006 — 2006/2186(GBD))

referred to

responsible

:

BUDG

| — | Proposal for a Council regulation introducing, on the occasion of the accession of Bulgaria and Romania, special temporary measures for recruitment of officials of the European Communities (COM(2006)0271 — C6-0221/2006 — 2006/0091(CNS))






  referred to | responsible | : | JURI |
| --- | --- | --- | --- | --- |

—

Proposal for a Council regulation introducing, on the occasion of the accession of Bulgaria and Romania, special temporary measures for recruitment of officials of the European Communities (COM(2006)0271 — C6-0221/2006 — 2006/0091(CNS))

referred to

responsible

:

JURI

| — | Proposal for transfer of appropriations DEC 24/2006 — Section III — Commission (SEC(2006)0717 — C6-0222/2006 — 2006/2187(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 24/2006 — Section III — Commission (SEC(2006)0717 — C6-0222/2006 — 2006/2187(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 30/2006 — Section III — Commission (SEC(2006)0805 — C6-0223/2006 — 2006/2188(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 30/2006 — Section III — Commission (SEC(2006)0805 — C6-0223/2006 — 2006/2188(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 15/2006 — Section III — Commission (SEC(2006)0581 — C6-0224/2006 — 2006/2189(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 15/2006 — Section III — Commission (SEC(2006)0581 — C6-0224/2006 — 2006/2189(GBD))

referred to

responsible

:

BUDG

| — | Proposal for a Council regulation amending Regulation (EC) No 974/98 on the introduction of the euro (COM(2006)0320 — C6-0225/2006 — 2006/0109(CNS))






  referred to | responsible | : | ECON |
| --- | --- | --- | --- | --- |

—

Proposal for a Council regulation amending Regulation (EC) No 974/98 on the introduction of the euro (COM(2006)0320 — C6-0225/2006 — 2006/0109(CNS))

referred to

responsible

:

ECON

| — | Proposal for transfer of appropriations DEC 23/2006 — Section III — Commission (SEC(2006)0716 — C6-0229/2006 — 2006/2190(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 23/2006 — Section III — Commission (SEC(2006)0716 — C6-0229/2006 — 2006/2190(GBD))

referred to

responsible

:

BUDG

| — | Proposal for transfer of appropriations DEC 31/2006 — Section III — Commission (SEC(2006)0806 — C6-0230/2006 — 2006/2191(GBD))






  referred to | responsible | : | BUDG |
| --- | --- | --- | --- | --- |

—

Proposal for transfer of appropriations DEC 31/2006 — Section III — Commission (SEC(2006)0806 — C6-0230/2006 — 2006/2191(GBD))

referred to

responsible

:

BUDG

| 2) | from Members






  2.1) | proposals for recommendations (Rule 114)






  — | Yañez-Barnuevo García Luis, on behalf of the PSE Group — Recommendation to the Council on the negotiating guidelines for an association agreement between the European Union and its Member States on the one part, and the Andean Community and its member countries on the other (B6-0374/2006)






  referred to | responsible | : | AFET |
| --- | --- | --- | --- | --- | --- | --- |
| opinion | : | DEVE, INTA |

2)

from Members

2.1)

proposals for recommendations (Rule 114)

—

Yañez-Barnuevo García Luis, on behalf of the PSE Group — Recommendation to the Council on the negotiating guidelines for an association agreement between the European Union and its Member States on the one part, and the Andean Community and its member countries on the other (B6-0374/2006)

referred to

responsible

:

AFET

opinion

:

DEVE, INTA

| — | in 't Veld Sophia, on behalf of the ALDE Group — Recommendation to the Council on the content of the Agreement with the United States of America on the use of Passenger Name Records (PNR) data to prevent and combat terrorism and transnational crime, including organised crime (B6-0382/2006)






  referred to | responsible | : | LIBE |
| --- | --- | --- | --- | --- |
| opinion | : | AFET |

—

in 't Veld Sophia, on behalf of the ALDE Group — Recommendation to the Council on the content of the Agreement with the United States of America on the use of Passenger Name Records (PNR) data to prevent and combat terrorism and transnational crime, including organised crime (B6-0382/2006)

referred to

responsible

:

LIBE

opinion

:

AFET

| — | Meyer Pleite Willy, on behalf of the GUE/NGL Group — Recommendation to the Council on the guidelines for the negotiation of an Association Agreement between the European Union and Central America (B6-0417/2006)






  referred to | responsible | : | AFET |
| --- | --- | --- | --- | --- |
| opinion | : | DEVE, INTA |

—

Meyer Pleite Willy, on behalf of the GUE/NGL Group — Recommendation to the Council on the guidelines for the negotiation of an Association Agreement between the European Union and Central America (B6-0417/2006)

referred to

responsible

:

AFET

opinion

:

DEVE, INTA

3.   Development and migration (debate)

(debate)

Report on development and migration [2005/2244(INI)] — Committee on Development

Rapporteur: Marie-Arlette Carlotti (A6-0210/2006).

Marie-Arlette Carlotti introduced the report.

Louis Michel (Member of the Commission) spoke.

The following spoke: Ioannis Kasoulides (draftsman of the opinion of the AFET Committee), Ona Juknevičienė (draftsman of the opinion of the EMPL Committee), Feleknas Uca (draftsman of the opinion of the FEMM Committee), Fernando Fernández Martín, on behalf of the PPE-DE Group, Margrietus van den Berg, on behalf of the PSE Group, Danutė Budreikaitė, on behalf of the ALDE Group, Marie-Hélène Aubert, on behalf of the Verts/ALE Group, Gabriele Zimmer, on behalf of the GUE/NGL Group, Alessandro Battilocchio, Non-attached Member, Zbigniew Zaleski, Elena Valenciano Martínez-Orozco, Jan Jerzy Kułakowski, Miguel Portas, Koenraad Dillen, Rodi Kratsa-Tsagaropoulou, Marie-Line Reynaud, Toomas Savi, Ryszard Czarnecki, Libor Rouček, Francesco Enrico Speroni, Kader Arif, Panagiotis Beglitis, Justas Vincas Paleckis and Louis Michel.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.17.

Minutes of 06.07.2006, Item 6.17

4.   Fair Trade and development (debate)

(debate)

Report on Fair Trade and development [2005/2245(INI)] — Committee on Development

Rapporteur: Frithjof Schmidt (A6-0207/2006).

Frithjof Schmidt introduced the report.

Peter Mandelson (Member of the Commission) spoke.

The following spoke: Jörg Leichtfried (draftsman of the opinion of the INTA Committee), Filip Kaczmarek, on behalf of the PPE-DE Group, Linda McAvan, on behalf of the PSE Group, Sajjad Karim, on behalf of the ALDE Group, Miguel Portas, on behalf of the GUE/NGL Group, Eoin Ryan, on behalf of the UEN Group, Christofer Fjellner, Karin Scheele, Fiona Hall, Georgios Papastamkos, Glenys Kinnock, Wiesław Stefan Kuc and Peter Mandelson.

The debate closed.

Vote: Minutes of 06.07.2006, Item 6.18.

Minutes of 06.07.2006, Item 6.18

5.   Results of the WTO meetings at the end of April in Geneva and future perspectives (debate)

(debate)

Oral question (O-0036/2006/rev. 1) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Results of the WTO meetings at the end of April in Geneva and future perspectives (B6-0314/2006)

Enrique Barón Crespo moved the oral question.

Peter Mandelson (Member of the Commission) answered the oral question.

The debate was suspended at that point for voting time.

It would be resumed at 15.00.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

6.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

6.1.   Simplification of VAT charging to counter tax evasion and avoidance * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations [COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS)] — Committee on Economic and Monetary Affairs

Rapporteur: Christoph Konrad (A6-0209/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0303)

(P6_TA(2006)0303)

6.2.   EU-Caribbean partnership for growth, stability and development (Rule 131) (vote)

(Rule 131) (vote)

Report on the EU-Caribbean partnership for growth, stability and development [2006/2123(INI)] — Committee on Development

Rapporteur: Gabriele Zimmer (A6-0211/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

MOTION FOR A RESOLUTION

Adopted by single vote (P6_TA(2006)0304)

(P6_TA(2006)0304)

6.3.   Protecting European healthcare workers from blood borne infections due to needlestick injuries (Rule 131) (vote)

(Rule 131) (vote)

Second report with recommendations to the Commission on protecting European healthcare workers from blood borne infections due to needlestick injuries [2006/2015(INI)] — Committee on Employment and Social Affairs

Rapporteur: Stephen Hughes (A6-0218/2006).

The vote on the first report (A6-0137/2006) had been suspended on 01.06.2006(Minutes of 01.06.2006, Item 7.19). The first report had then been referred back to committee on 13.06.2006(Minutes of 13.06.2006, Item 7.11).

(Minutes of 01.06.2006, Item 7.19)

(Minutes of 13.06.2006, Item 7.11)

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

MOTION FOR A RESOLUTION

Adopted by single vote (P6_TA(2006)0305)

(P6_TA(2006)0305)

6.4.   European Neighbourhood and Partnership Instrument ***I (vote)

(vote)

*

- *

Before the vote on the Szymański report (A6-0164/2006):

The following spoke on reports A6-0164/2006, A6-0157/2006 and A6-0155/2006 respectively: Konrad Szymański (rapporteur), Raül Romeva i Rueda (deputising for the rapporteur) and István Szent-Iványi (rapporteur). Elmar Brok (Chairman of the AFET Committee) also spoke.

Report on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument [COM(2004)0628 — C6-0129/2004 — 2004/0219(COD)] — Committee on Foreign Affairs

Rapporteur: Konrad Szymański (A6-0164/2006).

The debate had been held on 17.05.2006(Minutes of 17.05.2006, Item 11).

(Minutes of 17.05.2006, Item 11)

The vote on the report had been postponed following a decision by the Conference of Presidents at its meeting of 14.06.2006.

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0306)

(P6_TA(2006)0306)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0306)

(P6_TA(2006)0306)

6.5.   Instrument for Stability ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council establishing an Instrument for Stability [COM(2004)0630 — C6-0251/2004 — 2004/0223(COD)] — Committee on Foreign Affairs

Rapporteur: Angelika Beer (A6-0157/2006).

The debate had been held on 17.05.2006(Minutes of 17.05.2006, Item 11).

(Minutes of 17.05.2006, Item 11)

The vote on the report had been postponed following a decision by the Conference of Presidents at its meeting of 14.06.2006.

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0307)

(P6_TA(2006)0307)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0307)

(P6_TA(2006)0307)

6.6.   Instrument for Pre-Accession Assistance (IPA) * (vote)

(vote)

Report on the proposal for a Council regulation establishing an Instrument for Pre-Accession Assistance (IPA) [COM(2004)0627 — C6-0047/2005 — 2004/0222(CNS)] — Committee on Foreign Affairs

Rapporteur: István Szent-Iványi (A6-0155/2006).

The debate had been held on 17.05.2006(Minutes of 17.05.2006, Item 11).

(Minutes of 17.05.2006, Item 11)

The vote on the report had been postponed following a decision by the Conference of Presidents at its meeting of 14.06.2006.

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0308)

(P6_TA(2006)0308)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0308)

(P6_TA(2006)0308)

6.7.   Implementing powers conferred on the Commission (Interinstitutional agreement)

(Interinstitutional agreement)

Report on the interinstitutional agreement taking the form of a joint statement concerning the draft for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [10126/1/2006 — C6-0208/2006 — 2006/2152(ACI)] — Committee on Constitutional Affairs

Rapporteur: Richard Corbett (A6-0237/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 7)

(Voting record: ‘Results of votes’, Item 7)

PROPOSAL FOR A DECISION

Adopted (P6_TA(2006)0309)

(P6_TA(2006)0309)

6.8.   Implementing powers conferred on the Commission (procedures) * (vote)

(vote)

Report on the amended proposal for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [10126/1/2006 — C6-0190/2006 — 2002/0298(CNS)] — Committee on Constitutional Affairs

Rapporteur: Richard Corbett (A6-0236/2006).

(Renewed consultation)

(Renewed consultation)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 8)

(Voting record: ‘Results of votes’, Item 8)

COUNCIL PROPOSAL

Approved (P6_TA(2006)0310)

(P6_TA(2006)0310)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0310)

(P6_TA(2006)0310)

6.9.   Payer information with transfers of funds ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds [COM(2005)0343 — C6-0246/2005 — 2005/0138(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Alexander Alvaro (A6-0196/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 9)

(Voting record: ‘Results of votes’, Item 9)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0311)

(P6_TA(2006)0311)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0311)

(P6_TA(2006)0311)

The following spoke on the vote:

The following spoke on the vote:

Alexander Alvaro (rapporteur), and Udo Bullmann, on behalf of the PSE Group, the latter on amendments 20, 22, 24, 103, 124 and 125.

6.10.   Financial Regulation applicable to the general budget of the European Communities * (final vote)

(final vote)

Report on the proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS)] — Committee on Budgets

Rapporteur: Ingeborg Gräßle (A6-0057/2006).

The debate had been held on 14.03.2006(Minutes of 14.03.2006, Item 21).

(Minutes of 14.03.2006, Item 21)

The vote on the Commission proposal had taken place on 15.03.2006(see Minutes of 15.03.2006, Item 4.5). The report had been referred back to the committee responsible under Rule 168(1) on 13.06.2006(see Minutes of 11.06.2006, Item 7.9).

(see Minutes of 15.03.2006, Item 4.5)

(see Minutes of 11.06.2006, Item 7.9)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 10)

(Voting record: ‘Results of votes’, Item 10)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0312)

(P6_TA(2006)0312)

6.11.   Mutual information procedure * (vote)

(vote)

Report on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration [COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Patrick Gaubert (A6-0186/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 11)

(Voting record: ‘Results of votes’, Item 11)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0313)

(P6_TA(2006)0313)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0313)

(P6_TA(2006)0313)

6.12.   Modification of the Protocol on Privileges and Immunities (vote)

(vote)

Motion for a resolution B6-0275/2006/rev.

The debate had been held on 26.04.2006(Minutes of 26.04.2006, Item 13).

(Minutes of 26.04.2006, Item 13)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 12)

(Voting record: ‘Results of votes’, Item 12)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0314)

(P6_TA(2006)0314)

6.13.   Economic and social consequences of business restructuring in Europe (vote)

(vote)

Motions for resolution B6-0383/2006, B6-0387/2006, B6-0388/2006, B6-0389/2006 and B6-0398/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 13)

(Voting record: ‘Results of votes’, Item 13)

MOTION FOR A RESOLUTION B6-0383/2006

Rejected

MOTION FOR A RESOLUTION RC-B6-0387/2006

(replacing B6-0387/2006, B6-0388/2006 and B6-0389/2006):

tabled by the following Members:

| | Ria Oomen-Ruijten and José Albino Silva Peneda, on behalf of the PPE-DE Group, |
| --- | --- |

Ria Oomen-Ruijten and José Albino Silva Peneda, on behalf of the PPE-DE Group,

| | Martin Schulz, Stephen Hughes, Jan Andersson, Joel Hasse Ferreira, Jean Louis Cottigny, Alain Hutchinson, Edite Estrela and Jamila Madeira, on behalf of the PSE Group, |
| --- | --- |

Martin Schulz, Stephen Hughes, Jan Andersson, Joel Hasse Ferreira, Jean Louis Cottigny, Alain Hutchinson, Edite Estrela and Jamila Madeira, on behalf of the PSE Group,

| | Jorgo Chatzimarkakis, on behalf of the ALDE Group, |
| --- | --- |

Jorgo Chatzimarkakis, on behalf of the ALDE Group,

| | Eugenijus Maldeikis, Umberto Pirilli and Roberta Angelilli, on behalf of the UEN Group |
| --- | --- |

Eugenijus Maldeikis, Umberto Pirilli and Roberta Angelilli, on behalf of the UEN Group

Adopted (P6_TA(2006)0315)

(P6_TA(2006)0315)

(Motion for a resolution B6-0398/2006 fell).

6.14.   Extraordinary rendition (vote)

(vote)

Interim report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners [2006/2027(INI)] — Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners

Rapporteur: Giovanni Claudio Fava (A6-0213/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 14)

(Voting record: ‘Results of votes’, Item 14)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0316)

(P6_TA(2006)0316)

The following spoke on the vote:

The following spoke on the vote:

| | Jas Gawronski, who moved an oral amendment to amendment 15, which was accpeted (amendment 15 as amended was then rejected). |
| --- | --- |

Jas Gawronski, who moved an oral amendment to amendment 15, which was accpeted (amendment 15 as amended was then rejected).

| | Giusto Catania, on behalf of the GUE/NGL Group moved an oral amendment to amendment 6. |
| --- | --- |

Giusto Catania, on behalf of the GUE/NGL Group moved an oral amendment to amendment 6.

| | As more than 37 Members objected to the oral amendment, it was not incorporated. |
| --- | --- |

As more than 37 Members objected to the oral amendment, it was not incorporated.

| | Michael Gahler, who moved an oral amendment to amendment 1, which was incorporated. |
| --- | --- |

Michael Gahler, who moved an oral amendment to amendment 1, which was incorporated.

6.15.   Interception of bank transfer data from the SWIFT system by the US secret services (vote)

(vote)

Motions for resolution B6-0385/2006, B6-0386/2006, B6-0391/2006, B6-0393/2006 and B6-0395/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 15)

(Voting record: ‘Results of votes’, Item 15)

MOTION FOR A RESOLUTION B6-0385/2006

Rejected

MOTION FOR A RESOLUTION RC-B6-0386/2006

(replacing B6-0386/2006, B6-0391/2006, B6-0393/2006 and B6-0395/2006):

tabled by the following Members:

| | Martine Roure, on behalf of the PSE Group, |
| --- | --- |

Martine Roure, on behalf of the PSE Group,

| | Alexander Alvaro, Sophia in 't Veld and Margarita Starkevičiūtė, on behalf of the ALDE Group, |
| --- | --- |

Alexander Alvaro, Sophia in 't Veld and Margarita Starkevičiūtė, on behalf of the ALDE Group,

| | Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, |
| --- | --- |

Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group,

| | Francis Wurtz, Sahra Wagenknecht, Giusto Catania, Umberto Guidoni and Sylvia-Yvonne Kaufmann, on behalf of the GUE/NGL Group |
| --- | --- |

Francis Wurtz, Sahra Wagenknecht, Giusto Catania, Umberto Guidoni and Sylvia-Yvonne Kaufmann, on behalf of the GUE/NGL Group

Adopted (P6_TA(2006)0318)

(P6_TA(2006)0318)

6.16.   Integration of immigrants in the European Union (vote)

(vote)

Report on strategies and means for the integration of immigrants in the European Union [2006/2056(INI)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Stavros Lambrinidis (A6-0190/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 16)

(Voting record: ‘Results of votes’, Item 16)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0319)

(P6_TA(2006)0319)

6.17.   Development and migration (vote)

(vote)

Report on development and migration [2005/2244(INI)] — Committee on Development

Rapporteur: Marie-Arlette Carlotti (A6-0210/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 17)

(Voting record: ‘Results of votes’, Item 17)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0320)

(P6_TA(2006)0320)

6.18.   Fair trade and development (vote)

(vote)

Report on Fair Trade and development [2005/2245(INI)] — Committee on Development

Rapporteur: Frithjof Schmidt (A6-0207/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 18)

(Voting record: ‘Results of votes’, Item 18)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0321)

(P6_TA(2006)0321)

6.19.   AIDS — Time to deliver (vote)

(vote)

Motions for resolution B6-0375/2006, B6-0376/2006, B6-0377/2006, B6-0378/2006, B6-0379/2006 and B6-0380/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 19)

(Voting record: ‘Results of votes’, Item 19)

MOTION FOR A RESOLUTION RC-B6-0375/2006

(replacing B6-0375/2006, B6-0377/2006, B6-0378/2006, B6-0379/2006 and B6-0380/2006):

tabled by the following Members:

| | John Bowis, on behalf of the PPE-DE Group, |
| --- | --- |

John Bowis, on behalf of the PPE-DE Group,

| | Miguel Angel Martínez Martínez, Anne Van Lancker and Pierre Schapira, on behalf of the PSE Group, |
| --- | --- |

Miguel Angel Martínez Martínez, Anne Van Lancker and Pierre Schapira, on behalf of the PSE Group,

| | Fiona Hall, Marios Matsakis and Elizabeth Lynne, on behalf of the ALDE Group, |
| --- | --- |

Fiona Hall, Marios Matsakis and Elizabeth Lynne, on behalf of the ALDE Group,

| | Margrete Auken, on behalf of the Verts/ALE Group, |
| --- | --- |

Margrete Auken, on behalf of the Verts/ALE Group,

| | Luisa Morgantini, Feleknas Uca, Vittorio Agnoletto, Eva-Britt Svensson and Adamos Adamou, on behalf of the GUE/NGL Group |
| --- | --- |

Luisa Morgantini, Feleknas Uca, Vittorio Agnoletto, Eva-Britt Svensson and Adamos Adamou, on behalf of the GUE/NGL Group

Adopted (P6_TA(2006)0322)

(P6_TA(2006)0322)

(Motion for a resolution B6-0376/2006 fell).

7.   Explanations of vote

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Report: Christoph Konrad — A6-0209/2006:

| — | Christoph Konrad |
| --- | --- |

—

Christoph Konrad

Report: Konrad Szymański — A6-0164/2006:

| — | Jaromír Kohlíček |
| --- | --- |

—

Jaromír Kohlíček

Report: Richard Corbett — A6-0237/2006:

| — | Richard Corbett and Ivo Strejček |
| --- | --- |

—

Richard Corbett and Ivo Strejček

Report: Patrick Gaubert — A6-0186/2006:

| — | Frank Vanhecke |
| --- | --- |

—

Frank Vanhecke

Modification of the Protocol on Privileges and Immunities — B6-0275/2006/rev.:

| — | Bruno Gollnisch |
| --- | --- |

—

Bruno Gollnisch

Report: Giovanni Claudio Fava — A6-0213/2006:

| — | Marco Cappato, Philip Claeys, Petr Duchoň, Hynek Fajmon and Jas Gawronski |
| --- | --- |

—

Marco Cappato, Philip Claeys, Petr Duchoň, Hynek Fajmon and Jas Gawronski

Interception of bank transfer data from the SWIFT system by the US secret services — RC-B6-0386/2006:

| — | Marco Cappato |
| --- | --- |

—

Marco Cappato

Report: Stavros Lambrinidis — A6-0190/2006:

| — | Frank Vanhecke and Philip Claeys |
| --- | --- |

—

Frank Vanhecke and Philip Claeys

8.   Corrections to votes and voting intentions

Corrections to votes:

Corrections to votes:

Corrections to votes appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes will be finalised so that it can be translated and published in the Official Journal.

Voting intentions:

Voting intentions:

The Presidency had been notified of the following voting intentions (in respect of votes that had not been cast):

Report: Stephen Hughes — A6-0218/2006

| — | resolution (as a whole) |
| --- | --- |

—

resolution (as a whole)

| — | in favour: Paul Rübig |
| --- | --- |

—

in favour: Paul Rübig

in favour:

Report: Giovanni Claudio Fava — A6-0213/2006

| — | amendment 3, second part |
| --- | --- |

—

amendment 3, second part

| — | in favour: Harlem Désir |
| --- | --- |

—

in favour: Harlem Désir

in favour:

(The sitting was suspended at 13.35 and resumed at 15.00).

(The sitting was suspended at 13.35 and resumed at 15.00).

IN THE CHAIR: Gérard ONESTA

Vice-President

9.   Approval of Minutes of previous sitting

Voting intentions:

Voting intentions:

Meeting of 05.07.2006

Report: Ulrich Stockmann — A6-0212/2006

| — | amendment 11 |
| --- | --- |

—

amendment 11

| — | against: Manuel Medina Ortega |
| --- | --- |

—

against: Manuel Medina Ortega

against:

Pervenche Berès had informed the Presidency that she had been present at the sitting of 04.07.2006 but that her name was not on the attendance register.

*

- *

The Minutes of the previous sitting were approved.

10.   Communication of Council common positions

The President announced, pursuant to Rule 57(1), that the following common positions had been received from the Council, together with the reasons which had led to their adoption, and the Commission's position on:

| — | Common position adopted by the Council on 27 June 2006 with a view to the adoption of a regulation of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE+) (06284/1/2006 — 10436/2006 — COM(2006)0355 — C6-0226/2006 — 2004/0218(COD))






  referred to | responsible | : | ENVI |
| --- | --- | --- | --- | --- |

—

Common position adopted by the Council on 27 June 2006 with a view to the adoption of a regulation of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE+) (06284/1/2006 — 10436/2006 — COM(2006)0355 — C6-0226/2006 — 2004/0218(COD))

referred to

responsible

:

ENVI

| — | Common position adopted by the Council on 30 June 2006 with a view to the adoption of a regulation of the European Parliament and of the Council creating a European order for payment procedure (07535/3/2006 — 10414/2006 — COM(2006)0374 — C6-0227/2006 — 2004/0055(COD))






  referred to | responsible | : | JURI |
| --- | --- | --- | --- | --- |

—

Common position adopted by the Council on 30 June 2006 with a view to the adoption of a regulation of the European Parliament and of the Council creating a European order for payment procedure (07535/3/2006 — 10414/2006 — COM(2006)0374 — C6-0227/2006 — 2004/0055(COD))

referred to

responsible

:

JURI

The three-month period available to Parliament to adopt its position would therefore begin the following day, 07.07.2006.

11.   Results of the WTO meetings at the end of April in Geneva and future perspectives (continuation of debate)

(continuation of debate)

Oral question (O-0036/2006/rev. 1) by Enrique Barón Crespo, on behalf of the INTA Committee, to the Commission: Results of the end of April Geneva meetings of the WTO and future prospects (B6-0314/2006)

The following spoke: Georgios Papastamkos, on behalf of the PPE-DE Group, Panagiotis Beglitis, on behalf of the PSE Group, Marian Harkin, on behalf of the ALDE Group, Carl Schlyter, on behalf of the Verts/ALE Group, Bastiaan Belder, on behalf of the IND/DEM Group, Robert Sturdy, David Martin, Kathy Sinnott, Christofer Fjellner, Elisa Ferreira, Gerard Batten, Daniel Caspary and Peter Mandelson (Member of the Commission).

The debate closed.

12.   Indication of the country of origin of certain products imported from third countries (‘origin marking’) (debate)

(debate)

Oral question (O-0065/2006) by Enrique Barón Crespo, on behalf of the INTA Committee: Indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0316/2006)

Enrique Barón Crespo moved the oral question.

Peter Mandelson (Member of the Commission) answered the oral question.

The following spoke: Robert Sturdy, on behalf of the PPE-DE Group, Francisco Assis, on behalf of the PSE Group, Gianluca Susta, on behalf of the ALDE Group, Cristiana Muscardini, on behalf of the UEN Group, Christofer Fjellner, Jean-Pierre Audy and Peter Mandelson.

Motions for resolution to wind up the debate tabled pursuant to Rule 108(5):

| — | Erika Mann, on behalf of the PSE Group, on indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0384/2006), |
| --- | --- |

—

Erika Mann, on behalf of the PSE Group, on indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0384/2006),

| — | Caroline Lucas, on behalf of the Verts/ALE Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0390/2006), |
| --- | --- |

—

Caroline Lucas, on behalf of the Verts/ALE Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0390/2006),

| — | Cristiana Muscardini, on behalf of the UEN Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0392/2006), |
| --- | --- |

—

Cristiana Muscardini, on behalf of the UEN Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0392/2006),

| — | Helmuth Markov, Vittorio Agnoletto and Marco Rizzo, on behalf of the GUE/NGL Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0394/2006) |
| --- | --- |

—

Helmuth Markov, Vittorio Agnoletto and Marco Rizzo, on behalf of the GUE/NGL Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0394/2006)

| — | Robert Sturdy, on behalf of the PPE-DE Group, on indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0396/2006), |
| --- | --- |

—

Robert Sturdy, on behalf of the PPE-DE Group, on indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0396/2006),

| — | Johan Van Hecke, on behalf of the ALDE Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0397/2006). |
| --- | --- |

—

Johan Van Hecke, on behalf of the ALDE Group, on the indication of the country of origin of certain products imported from third countries (‘origin marking’) (B6-0397/2006).

(The INTA Committee had withdrawn motion for a resolution B6-0381/2006).

The debate closed.

Vote: Minutes of 06.07.2006, Item 16.4.

Minutes of 06.07.2006, Item 16.4

13.   Debate on cases of breaches of human rights, democracy and the rule of law (debate)

(debate)

(For the titles and authors of the motions for resolutions, see Minutes of 04.07.2006, Item 3)

(For the titles and authors of the motions for resolutions, see Minutes of 04.07.2006, Item 3)

13.1.   Somalia

Motions for resolution B6-0400/2006, B6-0405/2006, B6-0406/2006, B6-0410/2006, B6-0412/2006 and B6-0415/2006

Alyn Smith, Tobias Pflüger, Simon Coveney, Marios Matsakis, Ana Maria Gomes and Cristiana Muscardini introduced motions for resolutions.

The following spoke: Józef Pinior, on behalf of the PSE Group, Luca Romagnoli, Non-attached Member, Marek Aleksander Czarnecki and Peter Mandelson (Member of the Commission).

The debate closed.

Vote: Minutes of 06.07.2006, Item 16.1.

Minutes of 06.07.2006, Item 16.1

13.2.   Mauritania

Motions for resolution B6-0399/2006, B6-0403/2006, B6-0407/2006, B6-0409/2006, B6-0413/2006 and B6-0416/2006

Marie Anne Isler Béguin, Tobias Pflüger, Bernd Posselt, Marios Matsakis and Marie-Arlette Carlotti introduced motions for resolutions.

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, Alain Hutchinson, on behalf of the PSE Group, and Peter Mandelson (Member of the Commission).

The debate closed.

Vote: Minutes of 06.07.2006, Item 16.2.

Minutes of 06.07.2006, Item 16.2

13.3.   Freedom of expression on the internet

Motions for resolution B6-0401/2006, B6-0402/2006, B6-0404/2006, B6-0408/2006, B6-0411/2006 and B6-0414/2006

Raül Romeva i Rueda, Tobias Pflüger, Simon Coveney, Jules Maaten and Catherine Trautmann introduced motions for resolutions.

The following spoke: Tadeusz Zwiefka, on behalf of the PPE-DE Group, Lidia Joanna Geringer de Oedenberg, on behalf of the PSE Group, Kathy Sinnott, on behalf of the IND/DEM Group, Ryszard Czarnecki, Non-attached Member, Urszula Krupa and Peter Mandelson (Member of the Commission).

The debate closed.

Vote: Minutes of 06.07.2006, Item 16.3.

Minutes of 06.07.2006, Item 16.3

14.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

14.1.   Somalia (vote)

(vote)

Motions for resolution B6-0400/2006, B6-0405/2006, B6-0406/2006, B6-0410/2006, B6-0412/2006 and B6-0415/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 20)

(Voting record: ‘Results of votes’, Item 20)

MOTION FOR A RESOLUTION RC-B6-0400/2006

(replacing B6-0400/2006, B6-0405/2006, B6-0406/2006, B6-0410/2006, B6-0412/2006 and B6-0415/2006):

tabled by the following Members:

| | Simon Coveney, John Bowis, Jana Hybášková, Mario Mauro and Bernd Posselt, on behalf of the PPE-DE Group, |
| --- | --- |

Simon Coveney, John Bowis, Jana Hybášková, Mario Mauro and Bernd Posselt, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Glenys Kinnock and Elena Valenciano Martínez-Orozco, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Glenys Kinnock and Elena Valenciano Martínez-Orozco, on behalf of the PSE Group,

| | Johan Van Hecke and Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

Johan Van Hecke and Marios Matsakis, on behalf of the ALDE Group,

| | Margrete Auken and Sepp Kusstatscher, on behalf of the Verts/ALE Group, |
| --- | --- |

Margrete Auken and Sepp Kusstatscher, on behalf of the Verts/ALE Group,

| | Luisa Morgantini and Esko Seppänen, on behalf of the GUE/NGL Group, |
| --- | --- |

Luisa Morgantini and Esko Seppänen, on behalf of the GUE/NGL Group,

| | Cristiana Muscardini, on behalf of the UEN Group. |
| --- | --- |

Cristiana Muscardini, on behalf of the UEN Group.

Adopted (P6_TA(2006)0323)

(P6_TA(2006)0323)

The following spoke on the vote:

The following spoke on the vote:

| — | Simon Coveney, who moved an oral amendment to recital C, which was incorporated; |
| --- | --- |

—

Simon Coveney, who moved an oral amendment to recital C, which was incorporated;

| — | Michael Gahler, who moved an oral amendment to paragraph 11, which was incorporated. |
| --- | --- |

—

Michael Gahler, who moved an oral amendment to paragraph 11, which was incorporated.

14.2.   Mauritania (vote)

(vote)

Motions for resolution B6-0399/2006, B6-0403/2006, B6-0407/2006, B6-0409/2006, B6-0413/2006 and B6-0416/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 21)

(Voting record: ‘Results of votes’, Item 21)

MOTION FOR A RESOLUTION RC-B6-0399/2006

(replacing B6-0399/2006, B6-0403/2006, B6-0407/2006, B6-0409/2006, B6-0413/2006 and B6-0416/2006):

tabled by the following Members:

| | Bernd Posselt, Charles Tannock and Simon Busuttil, on behalf of the PPE-DE Group, |
| --- | --- |

Bernd Posselt, Charles Tannock and Simon Busuttil, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Marie-Arlette Carlotti, Glenys Kinnock, Alain Hutchinson and Elena Valenciano Martínez-Orozco, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Marie-Arlette Carlotti, Glenys Kinnock, Alain Hutchinson and Elena Valenciano Martínez-Orozco, on behalf of the PSE Group,

| | Lydie Polfer and Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

Lydie Polfer and Marios Matsakis, on behalf of the ALDE Group,

| | Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, |
| --- | --- |

Marie Anne Isler Béguin, on behalf of the Verts/ALE Group,

| | Luisa Morgantini and Willy Meyer Pleite, on behalf of the GUE/NGL Group, |
| --- | --- |

Luisa Morgantini and Willy Meyer Pleite, on behalf of the GUE/NGL Group,

| | Ģirts Valdis Kristovskis, on behalf of the UEN Group. |
| --- | --- |

Ģirts Valdis Kristovskis, on behalf of the UEN Group.

Adopted (P6_TA(2006)0324)

(P6_TA(2006)0324)

The following spoke on the vote:

The following spoke on the vote:

| — | Michael Gahler who moved an oral amendment to paragraph 26, which was incorporated. |
| --- | --- |

—

Michael Gahler who moved an oral amendment to paragraph 26, which was incorporated.

14.3.   Freedom of expression on the internet (vote)

(vote)

Motions for resolution B6-0401/2006, B6-0402/2006, B6-0404/2006, B6-0408/2006, B6-0411/2006 and B6-0414/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 22)

(Voting record: ‘Results of votes’, Item 22)

MOTION FOR A RESOLUTION RC-B6-0401/2006

(replacing B6-0401/2006, B6-0402/2006, B6-0404/2006, B6-0408/2006, B6-0411/2006 and B6-0414/2006):

tabled by the following Members:

| | Simon Coveney and Charles Tannock, on behalf of the PPE-DE Group, |
| --- | --- |

Simon Coveney and Charles Tannock, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Catherine Trautmann and Christa Prets, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Catherine Trautmann and Christa Prets, on behalf of the PSE Group,

| | Henrik Lax, Marios Matsakis and Frédérique Ries, on behalf of the ALDE Group, |
| --- | --- |

Henrik Lax, Marios Matsakis and Frédérique Ries, on behalf of the ALDE Group,

| | Daniel Cohn-Bendit and Monica Frassoni, on behalf of the Verts/ALE Group, |
| --- | --- |

Daniel Cohn-Bendit and Monica Frassoni, on behalf of the Verts/ALE Group,

| | Vittorio Agnoletto, Umberto Guidoni and Miguel Portas, on behalf of the GUE/NGL Group, |
| --- | --- |

Vittorio Agnoletto, Umberto Guidoni and Miguel Portas, on behalf of the GUE/NGL Group,

| | Hanna Foltyn-Kubicka, Mieczysław Edmund Janowski, Zbigniew Krzysztof Kuźmiuk, Zdzisław Zbigniew Podkański and Janusz Wojciechowski, on behalf of the UEN Group. |
| --- | --- |

Hanna Foltyn-Kubicka, Mieczysław Edmund Janowski, Zbigniew Krzysztof Kuźmiuk, Zdzisław Zbigniew Podkański and Janusz Wojciechowski, on behalf of the UEN Group.

The President pointed out that only the English version of the text was available due to a technical problem. He asked whether the House would accept continuing with the vote as planned. The House agreed, and the vote went ahead (the other language versions would be aligned with the English version).

Adopted (P6_TA(2006)0325)

(P6_TA(2006)0325)

14.4.   Indication of the country of origin of certain products imported from third countries (‘origin marking’) (vote)

(vote)

Motions for resolution B6-0384/2006, B6-0390/2006, B6-0392/2006, B6-0394/2006, B6-0396/2006 and B6-0397/2006

The INTA Committee had withdrawn its motion for a resolution B6-0381/2006.

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 23)

(Voting record: ‘Results of votes’, Item 23)

MOTION FOR A RESOLUTION RC-B6-0384/2006

(replacing B6-0384/2006, B6-0390/2006, B6-0392/2006, B6-0394/2006, B6-0396/2006 and B6-0397/2006):

tabled by the following Members:

| | Robert Sturdy, on behalf of the PPE-DE Group, |
| --- | --- |

Robert Sturdy, on behalf of the PPE-DE Group,

| | Erika Mann, on behalf of the PSE Group, |
| --- | --- |

Erika Mann, on behalf of the PSE Group,

| | Johan Van Hecke and Gianluca Susta, on behalf of the ALDE Group, |
| --- | --- |

Johan Van Hecke and Gianluca Susta, on behalf of the ALDE Group,

| | Caroline Lucas, on behalf of the Verts/ALE Group, |
| --- | --- |

Caroline Lucas, on behalf of the Verts/ALE Group,

| | Vittorio Agnoletto, Helmuth Markov and Marco Rizzo, on behalf of the GUE/NGL Group, |
| --- | --- |

Vittorio Agnoletto, Helmuth Markov and Marco Rizzo, on behalf of the GUE/NGL Group,

| | Cristiana Muscardini, on behalf of the UEN Group. |
| --- | --- |

Cristiana Muscardini, on behalf of the UEN Group.

Adopted (P6_TA(2006)0326)

(P6_TA(2006)0326)

The following spoke:

The following spoke:

| — | Enrique Barón Crespo, who moved an oral amendment to paragraph 2, which was incorporated. |
| --- | --- |

—

Enrique Barón Crespo, who moved an oral amendment to paragraph 2, which was incorporated.

15.   Explanations de vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Indication of the country of origin of certain products imported from third countries (‘origin marking’) — RC-B6-0384/2006: Luca Romagnoli

16.   Corrections to votes and voting intentions

Corrections to votes:

Corrections to votes:

Corrections to votes appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes will be finalised so that it can be translated and published in the Official Journal.

Voting intentions:

Voting intentions:

The Presidency had been notified of the following voting intentions (in respect of votes that had not been cast):

Freedom of expression on the internet (RC-B6-0401/2006)

(final vote)

in favour: Enrique Barón Crespo, Jens-Peter Bonde

in favour:

17.   Membership of committees and delegations

At the request of the ALDE and GUE/NGL Groups, Parliament ratified the following appointments:

AFET Committee: Marco Cappato

ECON Committee: Vincenzo Aita

18.   Request for the waiver of parliamentary immunity

The Belgian authorities had written to the President to request that Vural Öger's parliamentary immunity be waived in the context of a case pending before the judicial authorities in Brussels.

Pursuant to Rule 6(2), the request had been referred to the committee responsible, the JURI Committee.

19.   Decisions concerning certain documents

Authorisation to draw up own-initiative reports (Rule 45)

AFET Committee

| — | Reform in the Arab world: what strategy should the EU follow? (2006/2172(INI)) |
| --- | --- |

—

Reform in the Arab world: what strategy should the EU follow? (2006/2172(INI))

| — | A Baltic Sea Strategy for the Northern Dimension (2006/2171(INI))
  (opinion: ENVI, ITRE, REGI) |
| --- | --- |

—

A Baltic Sea Strategy for the Northern Dimension (2006/2171(INI))

(opinion: ENVI, ITRE, REGI)

INTA Committee

| — | Construction of the Euro-Med Free Trade Area (2006/2173(INI))
  (opinion: AFET, AGRI) |
| --- | --- |

—

Construction of the Euro-Med Free Trade Area (2006/2173(INI))

(opinion: AFET, AGRI)

ENVI Committee

| — | Thematic Strategy on the recycling of waste (2006/2175(INI))
  (opinion: ITRE) |
| --- | --- |

—

Thematic Strategy on the recycling of waste (2006/2175(INI))

(opinion: ITRE)

| — | Thematic Strategy on the Marine Environment (2006/2174(INI))
  (opinion: TRAN, PECH) |
| --- | --- |

—

Thematic Strategy on the Marine Environment (2006/2174(INI))

(opinion: TRAN, PECH)

REGI Committee

| — | The impact and consequences of structural policies on EU cohesion (2006/2181(INI))
  (opinion: BUDG) |
| --- | --- |

—

The impact and consequences of structural policies on EU cohesion (2006/2181(INI))

(opinion: BUDG)

| — | The role and effectiveness of cohesion policy in reducing disparities in the poorest regions of the EU (2006/2176(INI)) |
| --- | --- |

—

The role and effectiveness of cohesion policy in reducing disparities in the poorest regions of the EU (2006/2176(INI))

PECH Committee

| — | A new comprehensive partnership with Greenland in the form of a joint declaration and a Council Decision based on Article 187 of the EC Treaty (2006/2182(INI))
  (opinion: AFET, INTA, BUDG) |
| --- | --- |

—

A new comprehensive partnership with Greenland in the form of a joint declaration and a Council Decision based on Article 187 of the EC Treaty (2006/2182(INI))

(opinion: AFET, INTA, BUDG)

LIBE Committee

| — | Asylum: practical cooperation: the quality of decision making in the common European asylum system (2006/2184(INI))
  (opinion: AFET, DEVE, FEMM) |
| --- | --- |

—

Asylum: practical cooperation: the quality of decision making in the common European asylum system (2006/2184(INI))

(opinion: AFET, DEVE, FEMM)

| — | On Conflicts of Jurisdiction and the Principle of ne bis in idem in Criminal Proceedings (2006/2183(INI))
  (opinion: JURI) |
| --- | --- |

—

On Conflicts of Jurisdiction and the Principle of ne bis in idem in Criminal Proceedings (2006/2183(INI))

(opinion: JURI)

Authorisation to draw up own-initiative reports (Rule 114)

AFET Committee

| — | The negotiations with a view to a Euro-Mediterranean Association Agreement between the European Community and its Member States of the one part, and the Syrian Arab Republic, of the other part (2006/2150(INI))
  (opinion: INTA) |
| --- | --- |

—

The negotiations with a view to a Euro-Mediterranean Association Agreement between the European Community and its Member States of the one part, and the Syrian Arab Republic, of the other part (2006/2150(INI))

(opinion: INTA)

Enhanced cooperation between committees

INTA Committee

| — | Proposal for a Council decision providing exceptional Community financial assistance to Kosovo (COM(2006)0207 — C6-0171/2006 — 2006/0068(CNS))
  (opinion: BUDG)
  Enhanced cooperation between committees: INTA, AFET
  (Following the Conference of Presidents' decision of 29.06.2006) |
| --- | --- |

—

Proposal for a Council decision providing exceptional Community financial assistance to Kosovo (COM(2006)0207 — C6-0171/2006 — 2006/0068(CNS))

(opinion: BUDG)

Enhanced cooperation between committees: INTA, AFET

(Following the Conference of Presidents' decision of 29.06.2006)

EMPL Committee

| — | Proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (COM(2006)0091 — C6-0082/2006 — 2006/0033(COD))
  (opinion: INTA, ECON, ITRE, IMCO, REGI)
  Enhanced cooperation between committees: EMPL, BUDG
  (Following the Conference of Presidents' decision of 29.06.2006) |
| --- | --- |

—

Proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (COM(2006)0091 — C6-0082/2006 — 2006/0033(COD))

(opinion: INTA, ECON, ITRE, IMCO, REGI)

Enhanced cooperation between committees: EMPL, BUDG

(Following the Conference of Presidents' decision of 29.06.2006)

ENVI Committee

| — | Proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks (COM(2005)0125 — C6-0440/2005 — 2005/0028(COD))
  (opinion: IMCO)
  Enhanced cooperation between committees: ENVI, AGRI
  (Following the Conference of Presidents' decision of 29.06.2006) |
| --- | --- |

—

Proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks (COM(2005)0125 — C6-0440/2005 — 2005/0028(COD))

(opinion: IMCO)

Enhanced cooperation between committees: ENVI, AGRI

(Following the Conference of Presidents' decision of 29.06.2006)

ITRE Committee

| — | Proposal for a Council Regulation establishing an Instrument for Nuclear Safety and Security Assistance (09037/2006 — C6-0153/2006 — 2006/0802(CNS))
  (opinion: DEVE, BUDG, ENVI)
  Enhanced cooperation between committees: ITRE, AFET
  (Following the Conference of Presidents' decision of 29.06.2006) |
| --- | --- |

—

Proposal for a Council Regulation establishing an Instrument for Nuclear Safety and Security Assistance (09037/2006 — C6-0153/2006 — 2006/0802(CNS))

(opinion: DEVE, BUDG, ENVI)

Enhanced cooperation between committees: ITRE, AFET

(Following the Conference of Presidents' decision of 29.06.2006)

LIBE Committee

| — | Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (COM(2005)0649 — C6-0079/2006 — 2005/0259(CNS))
  Enhanced cooperation between committees: LIBE, JURI
  (Following the Conference of Presidents' decision of 29.06.2006) |
| --- | --- |

—

Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (COM(2005)0649 — C6-0079/2006 — 2005/0259(CNS))

Enhanced cooperation between committees: LIBE, JURI

(Following the Conference of Presidents' decision of 29.06.2006)

Referral to committees

JURI Committee

| — | Minimising administrative costs imposed by legislation (2005/2140(INI))
  responsible: CONT
  (opinion: ECON, EMPL, ITRE, JURI) |
| --- | --- |

—

Minimising administrative costs imposed by legislation (2005/2140(INI))

responsible: CONT

(opinion: ECON, EMPL, ITRE, JURI)

Decision to draw up a report under Rule 201

AFCO Committee

| — | Interpretation of Rule 166 of the Rules of Procedure (2006/2139(REG)) |
| --- | --- |

—

Interpretation of Rule 166 of the Rules of Procedure (2006/2139(REG))

20.   Written declarations included in the register (Rule 116)

(Rule 116)

Number of signatures obtained by the written declarations in the register (Rule 116(3)):

| Document No | Author | Signatures |
| --- | --- | --- |
| 19/2006 | Elly de Groen-Kouwenhoven, Michael Cashman, Erik Meijer, Alexander Lambsdorff and Geoffrey Van Orden | 115 |
| 20/2006 | Konrad Szymański, Philippe Morillon, Charles Tannock, Ari Vatanen and Bastiaan Belder | 81 |
| 21/2006 | Iles Braghetto and Panayiotis Demetriou | 403 |
| 22/2006 | Daniel Strož | 49 |
| 23/2006 | Claire Gibault, Jean-Marie Cavada, Antoine Duquesne, Charles Tannock and Enrique Barón Crespo, | 407 |
| 24/2006 | Robert Navarro, Jean-Luc Bennahmias, Rodi Kratsa-Tsagaropoulou, Luigi Cocilovo and Sylvia-Yvonne Kaufmann | 150 |
| 25/2006 | Fernand Le Rachinel | 27 |
| 26/2006 | Jean Lambert, Raül Romeva i Rueda and Carl Schlyter | 44 |
| 27/2006 | Daniel Strož | 19 |
| 28/2006 | Paul Verges, Margie Sudre and Jean-Claude Fruteau | 129 |
| 29/2006 | Bogdan Golik and Bogusław Sonik | 60 |
| 30/2006 | Caroline Lucas, Jean Lambert and André Brie | 33 |
| 31/2006 | Caroline Lucas, Janusz Wojciechowski, David Hammerstein Mintz and Robert Evans | 81 |
| 32/2006 | Jean Spautz | 67 |
| 33/2006 | Richard Corbett, Alexander Alvaro, Christopher Heaton-Harris, Cecilia Malmström and Cem Özdemir | 196 |
| 34/2006 | Andreas Mölzer | 20 |
| 35/2006 | Anna Záborská, Stephen Hughes and Gérard Deprez | 185 |
| 36/2006 | Anna Záborská, Stephen Hughes and Gérard Deprez | 188 |
| 37/2006 | Anna Záborská, Stephen Hughes and Gérard Deprez | 197 |
| 38/2006 | Carl Schlyter, Paulo Casaca, Karl-Heinz Florenz, Mojca Drčar Murko and Caroline Lucas | 282 |
| 39/2006 | Cristiana Muscardini | 46 |
| 40/2006 | Margrietus van den Berg, Jean-Marie Cavada, Harlem Désir and Caroline Lucas | 114 |
| 41/2006 | Feleknas Uca, Raül Romeva i Rueda, Karin Scheele, Jürgen Schröder and Nicholson of Winterbourne | |
| 42/2006 | Georgios Karatzaferis | 26 |
| 43/2006 | Adriana Poli Bortone | 16 |
| 44/2006 | Mario Borghezio | 6 |
| 45/2006 | Mario Borghezio | 30 |
| 46/2006 | Jamila Madeira, Ana Maria Gomes, Anna Záborská, Luisa Morgantini and Miguel Angel Martínez Martínez | 42 |
| 47/2006 | Caroline Lucas, Angelika Beer | 37 |
| 48/2006 | Bogusław Rogalski | 15 |
| 49/2006 | Alessandra Mussolini | 21 |
| 50/2006 | Sylwester Chruszcz | 14 |
| 51/2006 | Daniel Strož and Jaromír Kohlíček | 7 |
| 52/2006 | Maciej Marian Giertych | 23 |
| 53/2006 | Thierry Cornillet | 32 |
| 54/2006 | Mario Borghezio | 12 |

Document No

Author

Signatures

19/2006

Elly de Groen-Kouwenhoven, Michael Cashman, Erik Meijer, Alexander Lambsdorff and Geoffrey Van Orden

115

20/2006

Konrad Szymański, Philippe Morillon, Charles Tannock, Ari Vatanen and Bastiaan Belder

81

21/2006

Iles Braghetto and Panayiotis Demetriou

403

22/2006

Daniel Strož

49

23/2006

Claire Gibault, Jean-Marie Cavada, Antoine Duquesne, Charles Tannock and Enrique Barón Crespo,

407

24/2006

Robert Navarro, Jean-Luc Bennahmias, Rodi Kratsa-Tsagaropoulou, Luigi Cocilovo and Sylvia-Yvonne Kaufmann

150

25/2006

Fernand Le Rachinel

27

26/2006

Jean Lambert, Raül Romeva i Rueda and Carl Schlyter

44

27/2006

Daniel Strož

19

28/2006

Paul Verges, Margie Sudre and Jean-Claude Fruteau

129

29/2006

Bogdan Golik and Bogusław Sonik

60

30/2006

Caroline Lucas, Jean Lambert and André Brie

33

31/2006

Caroline Lucas, Janusz Wojciechowski, David Hammerstein Mintz and Robert Evans

81

32/2006

Jean Spautz

67

33/2006

Richard Corbett, Alexander Alvaro, Christopher Heaton-Harris, Cecilia Malmström and Cem Özdemir

196

34/2006

Andreas Mölzer

20

35/2006

Anna Záborská, Stephen Hughes and Gérard Deprez

185

36/2006

Anna Záborská, Stephen Hughes and Gérard Deprez

188

37/2006

Anna Záborská, Stephen Hughes and Gérard Deprez

197

38/2006

Carl Schlyter, Paulo Casaca, Karl-Heinz Florenz, Mojca Drčar Murko and Caroline Lucas

282

39/2006

Cristiana Muscardini

46

40/2006

Margrietus van den Berg, Jean-Marie Cavada, Harlem Désir and Caroline Lucas

114

41/2006

Feleknas Uca, Raül Romeva i Rueda, Karin Scheele, Jürgen Schröder and Nicholson of Winterbourne

42/2006

Georgios Karatzaferis

26

43/2006

Adriana Poli Bortone

16

44/2006

Mario Borghezio

6

45/2006

Mario Borghezio

30

46/2006

Jamila Madeira, Ana Maria Gomes, Anna Záborská, Luisa Morgantini and Miguel Angel Martínez Martínez

42

47/2006

Caroline Lucas, Angelika Beer

37

48/2006

Bogusław Rogalski

15

49/2006

Alessandra Mussolini

21

50/2006

Sylwester Chruszcz

14

51/2006

Daniel Strož and Jaromír Kohlíček

7

52/2006

Maciej Marian Giertych

23

53/2006

Thierry Cornillet

32

54/2006

Mario Borghezio

12

21.   Forwarding of texts adopted during the sitting

Pursuant to Rule 172(2), the Minutes of that day's sitting would be submitted to Parliament for its approval at the beginning of the next sitting.

With Parliament's agreement, the texts that had been adopted would be forwarded forthwith to the bodies named therein.

22.   Dates for next sittings

The next sittings would be held from 04.09.2006 to 07.09.2006.

23.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 17.20.

Julian Priestley

Secretary-General

Josep Borrell Fontelles

President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Agnoletto, Aita, Albertini, Allister, Alvaro, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Arif, Arnaoutakis, Ashworth, Assis, Atkins, Attard-Montalto, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Bachelot-Narquin, Baco, Badia I Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belder, Belet, Belohorská, Bennahmias, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bielan, Birutis, Blokland, Bloom, Bobošíková, Böge, Bösch, Bonde, Bono, Bonsignore, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Budreikaitė, van Buitenen, Bullmann, van den Burg, Bushill-Matthews, Busk, Busquin, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Cappato, Carlotti, Carnero González, Casa, Casaca, Casini, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Cottigny, Coveney, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, de Brún, Degutis, Dehaene, De Keyser, Demetriou, Deprez, De Rossa, Descamps, Désir, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, El Khadraoui, Esteves, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Fajmon, Falbr, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foltyn-Kubicka, Fontaine, Ford, Fourtou, Fraga Estévez, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Gierek, Giertych, Gill, Gklavakis, Glante, Glattfelder, Goepel, Golik, Gollnisch, Gomes, Gomolka, Gottardi, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, Griesbeck, Gröner, de Groen-Kouwenhoven, Grosch, Grossetête, Guardans Cambó, Guellec, Guerreiro, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hamon, Handzlik, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horáček, Howitt, Hudacký, Hughes, Hutchinson, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Karim, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kindermann, Kinnock, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Laignel, Lambert, Lambrinidis, Lang, Langen, Langendries, Laperrouze, Lauk, Lax, Lechner, Le Foll, Lehideux, Lehne, Leichtfried, Leinen, Le Rachinel, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liotard, Lipietz, López-Istúriz White, Losco, Louis, Lucas, Ludford, Lulling, Lynne, Maaten, McAvan, McGuinness, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Markov, Marques, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Masip Hidalgo, Maštálka, Mastenbroek, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mohácsi, Montoro Romero, Moraes, Moreno Sánchez, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Musumeci, Myller, Napoletano, Nassauer, Nattrass, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, Novak, Obiols i Germà, Achille Occhetto, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papadimoulis, Papastamkos, Parish, Patrie, Peillon, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Pirker, Piskorski, Pistelli, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poettering, Poignant, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Rack, Radwan, Ransdorf, Rapkay, Rasmussen, Remek, Resetarits, Reul, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Riis-Jørgensen, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Saryusz-Wolski, Savi, Scheele, Schenardi, Schierhuber, Schlyter, Frithjof Schmidt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sinnott, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stockmann, Strejček, Strož, Sturdy, Sudre, Surján, Susta, Svensson, Swoboda, Szájer, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tarabella, Tarand, Thomsen, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Uca, Väyrynen, Vaidere, Vakalis, Valenciano Martínez-Orozco, Vanhecke, Van Lancker, Varela Suanzes-Carpegna, Varvitsiotis, Vaugrenard, Ventre, Vergnaud, Vidal-Quadras, de Villiers, Vincenzi, Virrankoski, Vlasák, Voggenhuber, Wallis, Walter, Watson, Manfred Weber, Weiler, Weisgerber, Westlund, Wieland, Wiersma, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Wynn, Yañez-Barnuevo García, Záborská, Zaleski, Zani, Zapałowski, Zappalà, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Arabadjiev, Athanasiu, Bărbuleţiu, Bliznashki, Buruiană Aprodu, Ciornei, Cioroianu, Coşea, Corina Creţu, Gabriela Creţu, Dîncu, Duca, Dumitrescu, Ganţ, Hogea, Ilchev, Kirilov, Kónya-Hamar, Mihăescu, Morţun, Podgorean, Popa, Popeangă, Severin, Shouleva, Silaghi, Sofianski, Stoyanov, Ţicău, Vigenin, Zgonea Valeriu Ştefan

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Simplification of VAT charging to counter tax evasion and avoidance *

Report: Christoph KONRAD (A6-0209/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   EU-Caribbean partnership for growth, stability and development

Report: Gabriele ZIMMER (A6-0211/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Healthcare workers and blood-borne infections due to needlestick injuries

Report: (qualified majority)

Stephen HUGHES (A6-0218/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 465, 18, 13 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

465, 18, 13

Requests for roll-call votes

ALDE: single vote

4.   European Neighbourhood and Partnership Instrument ***I

Report: Konrad SZYMAŃSKI (A6-0164/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block No 1 —




  compromise amendments | 4
  6-9
  13
  15-24
  26-31
  33-36
  40-41
  43
  48
  56
  58
  61-80
  82
  84
  87
  90
  99-100
  103
  109
  115
  124
  128-129
  131-138
  142-156
  158-167
  169-171
  173
  175-176
  178-181
  183-184 | Committee




  UEN,




  PPE-DE + PSE | | + | |
| Block No 2 —




  amendments by the committee responsible (block vote) | 2
  11
  14
  37
  44-46
  49-52
  54
  57
  59-60
  81
  83
  85-86
  88
  94-98
  101
  105-106
  108
  113
  118
  122-123 | Committee | | ↓ | |
| Block No 3 —




  other amendments by the committee responsible (block vote) | 1
  5
  10
  12
  32
  38-39
  42
  47
  53
  55
  89
  91-93
  102
  107
  110-112
  114
  116
  119-121 | Committee | | - | |
| 25 | Committee | split | | |
| 1/EV | + | 344, 222, 12 |
| 2/EV | + | 322, 245, 13 |
| Article 20, § 2 | 126=
  104= | Verts/ALE


  Committee | | - | |
| 157 | UEN,
  PPE-DE + PSE | | + | |
| After Article 27 | 127 | Verts/ALE | | - | |
| 117 | Committee | | - | |
| After recital 4 | 125 | Verts/ALE | | - | |
| 130 | UEN,
  PPE-DE + PSE | | + | |
| 3 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| After citation 2 | 177 | UEN,
  PPE-DE + PSE | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block No 1 —

compromise amendments

4

6-9

13

15-24

26-31

33-36

40-41

43

48

56

58

61-80

82

84

87

90

99-100

103

109

115

124

128-129

131-138

142-156

158-167

169-171

173

175-176

178-181

183-184

Committee

UEN,

PPE-DE + PSE

+

Block No 2 —

amendments by the committee responsible (block vote)

2

11

14

37

44-46

49-52

54

57

59-60

81

83

85-86

88

94-98

101

105-106

108

113

118

122-123

Committee

↓

Block No 3 —

other amendments by the committee responsible (block vote)

1

5

10

12

32

38-39

42

47

53

55

89

91-93

102

107

110-112

114

116

119-121

Committee

-

25

Committee

split

1/EV

+

344, 222, 12

2/EV

+

322, 245, 13

Article 20, § 2

126=

104=

Verts/ALE

Committee

-

157

UEN,

PPE-DE + PSE

+

After Article 27

127

Verts/ALE

-

117

Committee

-

After recital 4

125

Verts/ALE

-

130

UEN,

PPE-DE + PSE

+

3

Committee

↓

vote: amended proposal

+

After citation 2

177

UEN,

PPE-DE + PSE

+

vote: legislative resolution

+

Amendments 178, 179, 180, 181 and 184 cancelled and replaced amendments 139, 140, 141, 168, 172 and 174.

The following text had been left out of the right-hand column in amendment 52:
  ‘(l) for food security measures’

Requests for split votes

UEN

am 25

First part:‘Supporting policies ... for good health’

Second part:‘including reproductive and infant health for girls and women’

5.   Instrument for Stability ***I

Report: Angelika BEER (A6-0157/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal for a regulation |
| Block No 1 —




  compromise amendments | 43-100
  102-107
  112 | Verts/ALE | | + | |
| Block No 2 —




  Amendments by the committee responsible | 1-42 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| Draft legislative resolution |
| after citation 5 | 108 | Verts/ALE | | + | |
| 109 | Verts/ALE | | + | |
| 110 | Verts/ALE | | + | |
| 111 | Verts/ALE | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal for a regulation

Block No 1 —

compromise amendments

43-100

102-107

112

Verts/ALE

+

Block No 2 —

Amendments by the committee responsible

1-42

Committee

↓

vote: amended proposal

+

Draft legislative resolution

after citation 5

108

Verts/ALE

+

109

Verts/ALE

+

110

Verts/ALE

+

111

Verts/ALE

+

vote: legislative resolution

+

Amendment 112 cancelled and replaced amendment 101.

6.   Instrument for Pre-Accession Assistance (IPA) *

Report: István SZENT-IVÁNYI (A6-0155/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal for a regulation |
| Amendments by the committee responsible — block vote | 1-33 | Committee | | + | |
| vote: amended proposal | | + | |
| Draft legislative resolution |
| after citation 4 | 34 | ALDE | | + | |
| 35 | ALDE | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal for a regulation

Amendments by the committee responsible — block vote

1-33

Committee

+

vote: amended proposal

+

Draft legislative resolution

after citation 4

34

ALDE

+

35

ALDE

+

vote: legislative resolution

+

7.   Implementing powers conferred on the Commission (Interinstitutional agreement)

Report: Richard CORBETT (A6-0237/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after citation 5 | 1 | PPE-DE | EV | + | 313, 248, 20 |
| vote: proposal for a decision (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

after citation 5

1

PPE-DE

EV

+

313, 248, 20

vote: proposal for a decision (as a whole)

+

8.   Implementing powers conferred on the Commission (procedures) *

Report: Richard CORBETT (A6-0236/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative proposal

+

vote: legislative resolution

+

9.   Payer information with transfers of funds ***I

Report: Alexander ALVARO (A6-0196/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-5
  7-8
  12-13
  15-17
  25
  27
  30-33
  35
  37
  39
  41
  43
  45
  47-48
  50
  53
  55-56
  58
  60
  62
  64
  66
  69
  71
  73
  75
  77
  86
  90
  94
  98-99
  101
  106
  108
  110
  112
  114-115
  117
  119
  121 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 19 | Committee | sep | - | |
| 20 * | Committee | | ↓ | |
| 22 * | Committee | | ↓ | |
| 24 * | Committee | | ↓ | |
| 78 * | Committee | | ↓ | |
| 103 * | Committee | | ↓ | |
| Article 1 | 131 | ALDE, PSE + PPE-DE | | + | |
| Article 5, after § 2 | 132 | ALDE, PSE + PPE-DE | | + | |
| 68 | Committee | | ↓ | |
| Article 8, after § 2 | 80=


  133= | ALDE, PSE + PPE-DE
  Committee | | + | |
| Article 9, § 1 | 83 | Committee | | - | |
| 134 | ALDE, PSE + PPE-DE | | + | |
| Article 9, § 2 | 135 | ALDE, PSE + PPE-DE | | + | |
| 85 | Committee | | ↓ | |
| Article 13 | 136 | ALDE, PSE + PPE-DE | | + | |
| 89 | Committee | | ↓ | |
| Article 14 | 137 | ALDE, PSE + PPE-DE | | + | |
| 91 | Committee | | ↓ | |
| Article 15 | 138 | ALDE, PSE + PPE-DE | | + | |
| 96 | Committee | | ↓ | |
| After Article 19 | 139 | ALDE, PSE + PPE-DE | | + | |
| 124 * | Committee | | ↓ | |
| 125 * | Committee | | ↓ | |
| Article 20 | 140 | ALDE, PSE + PPE-DE | | + | |
| 123 | Committee | | ↓ | |
| Recital 4 | 126 | ALDE, PSE + PPE-DE | | + | |
| Recital 5 | 127 | ALDE, PSE + PPE-DE | | + | |
| Recital 7 | 128 | ALDE, PSE + PPE-DE | | + | |
| 10 | Committee | | ↓ | |
| Recital 9 | 129 | ALDE, PSE + PPE-DE | | + | |
| After recital 12 | 130 | ALDE, PSE + PPE-DE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 442, 16, 130 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1-5

7-8

12-13

15-17

25

27

30-33

35

37

39

41

43

45

47-48

50

53

55-56

58

60

62

64

66

69

71

73

75

77

86

90

94

98-99

101

106

108

110

112

114-115

117

119

121

Committee

+

Amendments by the committee responsible — separate vote

19

Committee

sep

-

20 *

Committee

↓

22 *

Committee

↓

24 *

Committee

↓

78 *

Committee

↓

103 *

Committee

↓

Article 1

131

ALDE, PSE + PPE-DE

+

Article 5, after § 2

132

ALDE, PSE + PPE-DE

+

68

Committee

↓

Article 8, after § 2

80=

133=

ALDE, PSE + PPE-DE

Committee

+

Article 9, § 1

83

Committee

-

134

ALDE, PSE + PPE-DE

+

Article 9, § 2

135

ALDE, PSE + PPE-DE

+

85

Committee

↓

Article 13

136

ALDE, PSE + PPE-DE

+

89

Committee

↓

Article 14

137

ALDE, PSE + PPE-DE

+

91

Committee

↓

Article 15

138

ALDE, PSE + PPE-DE

+

96

Committee

↓

After Article 19

139

ALDE, PSE + PPE-DE

+

124 *

Committee

↓

125 *

Committee

↓

Article 20

140

ALDE, PSE + PPE-DE

+

123

Committee

↓

Recital 4

126

ALDE, PSE + PPE-DE

+

Recital 5

127

ALDE, PSE + PPE-DE

+

Recital 7

128

ALDE, PSE + PPE-DE

+

10

Committee

↓

Recital 9

129

ALDE, PSE + PPE-DE

+

After recital 12

130

ALDE, PSE + PPE-DE

+

vote: amended proposal

+

vote: legislative resolution

RCV

+

442, 16, 130

Amendments 6, 9, 11, 14, 18, 21, 23, 26, 28, 29, 34, 36, 38, 40, 42, 44, 46, 49, 51, 52, 54, 57, 59, 61, 63, 65, 67, 70, 72, 74, 76, 79, 81, 82, 84, 87, 88, 92, 93, 95, 97, 100, 102, 104, 105, 107, 109, 111, 113, 116, 118, 120 and 122 had been cancelled.

- These amendments fell as the two reports on comitology by the AFCO Committee (rapporteur: Richard Corbett — A6-0237/2006 and A6-0236/2006) were adopted.

Requests for roll-call votes

UEN: final vote

Requests for separate votes

ALDE: am 19

10.   Financial Regulation applicable to the general budget of the European Communities *

Report: Ingeborg GRÄßLE (A6-0057/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative resolution

+

The vote on the draft legislative resolution had been postponed at the sitting of 13 June 2006.

11.   Mutual information procedure *

Report: Patrick GAUBERT (A6-0186/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 3-5
  15-17
  20-23
  25-26 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 1 | Committee | sep | + | |
| 2 | Committee | sep | + | |
| 6 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 7 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 10 | Committee | sep | + | |
| 11 | Committee | sep | + | |
| 12 | Committee | sep | + | |
| 13 | Committee | sep | + | |
| 14 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 24 | Committee | sep/EV | + | 291, 288, 6 |
| Article 4, § 2 | 27 | Verts/ALE | | - | |
| 18 | Committee | | + | |
| Article 4, after § 2 | 19=


  28= | Committee
  Verts/ALE | RCV | - | 81, 498, 12 |
| 30 | PPE-DE | | + | |
| Article 4, § 4 | 29 | Verts/ALE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

3-5

15-17

20-23

25-26

Committee

+

Amendments by the committee responsible — separate vote

1

Committee

sep

+

2

Committee

sep

+

6

Committee

split

1

+

2

+

7

Committee

split

1

+

2

+

10

Committee

sep

+

11

Committee

sep

+

12

Committee

sep

+

13

Committee

sep

+

14

Committee

split

1

+

2

+

24

Committee

sep/EV

+

291, 288, 6

Article 4, § 2

27

Verts/ALE

-

18

Committee

+

Article 4, after § 2

19=

28=

Committee

Verts/ALE

RCV

-

81, 498, 12

30

PPE-DE

+

Article 4, § 4

29

Verts/ALE

-

vote: amended proposal

+

vote: legislative resolution

+

Amendments 8 and 9 had been cancelled.

Requests for roll-call votes

PPE-DE: ams 19/28

Requests for separate votes

GUE/NGL: ams 1, 2, 10, 24

ALDE: ams 7, 11, 12, 13, 24

Requests for split votes

GUE/NGL

am 6

First part:‘This Decision establishes ... at Community level,’

Second part:‘not only at ... within the Council.’

am 7

First part: text as a whole without the words ‘such as diverting ... another Member State’

Second part: those words

am 14

First part: text as a whole without the words ‘such as diverting ... another Member State’

Second part: those words

12.   Modification of the Protocol on Privileges and Immunities

Motion for a resolution: B6-0275/2006/rev.

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motion for a resolution (B6-0275/2006 rev.) by the JURI Committee |
| § 2 | § | original text | sep | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motion for a resolution (B6-0275/2006 rev.) by the JURI Committee

§ 2

§

original text

sep

+

vote: resolution (as a whole)

+

Requests for separate votes

Verts/ALE: § 2

13.   Economic and social consequences of business restructuring in Europe

Motions for resolutions: B6-0383/2006, B6-0387/2006, B6-0388/2006, B6-0389/2006, B6-0398/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motions for resolutions by political groups |
| B6-0383/2006 | | Verts/ALE | | - | |
| Joint motion for a resolution RC-B6-0387/2006




  (PPE-DE, PSE, ALDE, UEN) |
| after § 1 | 5 | GUE/NGL | | - | |
| § 2 | § | original text | sep | + | |
| § 3 | § | original text | sep | + | |
| after § 5 | 9 | PSE | | + | |
| after § 6 | 10 | PSE | | - | |
| § 7 | 11 | PSE | | + | |
| § | original text | sep | ↓ | |
| § 8 | 6 | GUE/NGL | RCV | - | 227, 316, 40 |
| 12 | PANZERI et al | RCV | - | 231, 305, 41 |
| 8 | PSE | RCV | - | 222, 324, 37 |
| after § 8 | 7 | GUE/NGL | RCV | - | 225, 321, 42 |
| before recital A | 1 | GUE/NGL | | - | |
| 2 | GUE/NGL | | - | |
| recital C | § | original text | sep | + | |
| after recital C | 3 | GUE/NGL | RCV | - | 234, 311, 43 |
| 4 | GUE/NGL | RCV | - | 245, 317, 17 |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0387/2006 | | PSE | | ↓ | |
| B6-0388/2006 | | PPE-DE | | ↓ | |
| B6-0389/2006 | | ALDE | | ↓ | |
| B6-0398/2006 | | GUE/NGL | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motions for resolutions by political groups

B6-0383/2006

Verts/ALE

-

Joint motion for a resolution RC-B6-0387/2006

(PPE-DE, PSE, ALDE, UEN)

after § 1

5

GUE/NGL

-

§ 2

§

original text

sep

+

§ 3

§

original text

sep

+

after § 5

9

PSE

+

after § 6

10

PSE

-

§ 7

11

PSE

+

§

original text

sep

↓

§ 8

6

GUE/NGL

RCV

-

227, 316, 40

12

PANZERI et al

RCV

-

231, 305, 41

8

PSE

RCV

-

222, 324, 37

after § 8

7

GUE/NGL

RCV

-

225, 321, 42

before recital A

1

GUE/NGL

-

2

GUE/NGL

-

recital C

§

original text

sep

+

after recital C

3

GUE/NGL

RCV

-

234, 311, 43

4

GUE/NGL

RCV

-

245, 317, 17

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0387/2006

PSE

↓

B6-0388/2006

PPE-DE

↓

B6-0389/2006

ALDE

↓

B6-0398/2006

GUE/NGL

↓

Requests for roll-call votes

PSE: am 8

GUE/NGL: ams 3, 4, 6, 12 and 7

Requests for separate votes

ALDE: recital C, §§ 2, 3

14.   Extraordinary rendition

Interim report: Claudio FAVA (A6-0213/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 31 | UEN | EV | - | 244, 325, 19 |
| § 3 | 3 | GUE/NGL | split/RCV | | |
| 1 | - | 35, 545, 7 |
| 2 | + | 309, 259, 15 |
| after § 5 | 13 | PPE-DE | RCV | + | 537, 36, 12 |
| 14 | PPE-DE | EV | - | 258, 307, 18 |
| sub-heading before § 6 | 15 | PPE-DE | | - | |
| § 6 | 32 | UEN | | - | |
| § | original text | split/RCV | | |
| 1 | + | 372, 206, 12 |
| 2 | + | 318, 257, 11 |
| § 7 | 33 | UEN | | - | |
| 16 | PPE-DE | EV | + | 436, 136, 13 |
| after § 7 | 4 | GUE/NGL | | - | |
| § 9 | 34/rev | UEN | | - | |
| 17 | PPE-DE | | + | |
| § 10 | 9D | UEN | | - | |
| § 11 | 18 | PPE-DE | split/RCV | | |
| 1 | + | 496, 74, 14 |
| 2 | - | 263, 298, 21 |
| § 12 | 35 | UEN | split | | |
| 1 | - | |
| 2 | - | |
| after § 12 | 19 | PPE-DE | RCV | + | 532, 40, 16 |
| § 14 | 36 | UEN | | - | |
| 5 | GUE/NGL | EV | - | 277, 293, 12 |
| § 15 | 6 | GUE/NGL | RCV | - | 41, 533, 14 |
| 37 | UEN | | - | |
| after § 15 | 20 | PPE-DE | RCV | - | 258, 307, 20 |
| 7 | GUE/NGL | RCV | + | 291, 283, 13 |
| sub-heading before § 26 | 21 | PPE-DE | | - | |
| § 26 | 38/rev | UEN | | - | |
| 22 | PPE-DE | | - | |
| § 27 | 8 | GUE/NGL | EV | - | 66, 507, 9 |
| § 28 | 39 | UEN | | - | |
| after § 31 | 40 | UEN | | - | |
| § 33 | 41 | UEN | | - | |
| § 37 | 42 | UEN | | - | |
| after § 40 | 49 | IND/DEM | RCV | - | 95, 472, 19 |
| 50 | IND/DEM | RCV | - | 69, 498, 19 |
| § 41 | 43 | UEN | | - | |
| § 42 | 44S | UEN | | W | |
| § 44 | 45 | UEN | | - | |
| 23 | PPE-DE | split/RCV | | |
| 1 | + | 493, 73, 19 |
| 2 | - | 262, 299, 20 |
| § 46 | 46S | UEN | | W | |
| 1 | PSE | RCV | + | 511, 38, 37


  oral amendment |
| recital B | 47 | IND/DEM | RCV | - | 95, 473, 10 |
| after recital B | 24 | UEN | | - | |
| recital D | 25 | UEN | | - | |
| after recital H | 26 | UEN | | - | |
| 27 | UEN | | - | |
| recital J, first indent | 2 | PSE | | + | |
| § | original text | | ↓ | |
| recital L | 28 | UEN | | - | |
| 10 | PPE-DE | RCV | + | 530, 40, 14 |
| recital M | 29S | UEN | | - | |
| 11 | PPE-DE | | + | |
| after recital M | 12 | PPE-DE | EV | - | 254, 307, 17 |
| recital N | 30D | UEN | | - | |
| vote: resolution (as a whole) | RCV | + | 389, 137, 55 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

31

UEN

EV

-

244, 325, 19

§ 3

3

GUE/NGL

split/RCV

1

-

35, 545, 7

2

+

309, 259, 15

after § 5

13

PPE-DE

RCV

+

537, 36, 12

14

PPE-DE

EV

-

258, 307, 18

sub-heading before § 6

15

PPE-DE

-

§ 6

32

UEN

-

§

original text

split/RCV

1

+

372, 206, 12

2

+

318, 257, 11

§ 7

33

UEN

-

16

PPE-DE

EV

+

436, 136, 13

after § 7

4

GUE/NGL

-

§ 9

34/rev

UEN

-

17

PPE-DE

+

§ 10

9D

UEN

-

§ 11

18

PPE-DE

split/RCV

1

+

496, 74, 14

2

-

263, 298, 21

§ 12

35

UEN

split

1

-

2

-

after § 12

19

PPE-DE

RCV

+

532, 40, 16

§ 14

36

UEN

-

5

GUE/NGL

EV

-

277, 293, 12

§ 15

6

GUE/NGL

RCV

-

41, 533, 14

37

UEN

-

after § 15

20

PPE-DE

RCV

-

258, 307, 20

7

GUE/NGL

RCV

+

291, 283, 13

sub-heading before § 26

21

PPE-DE

-

§ 26

38/rev

UEN

-

22

PPE-DE

-

§ 27

8

GUE/NGL

EV

-

66, 507, 9

§ 28

39

UEN

-

after § 31

40

UEN

-

§ 33

41

UEN

-

§ 37

42

UEN

-

after § 40

49

IND/DEM

RCV

-

95, 472, 19

50

IND/DEM

RCV

-

69, 498, 19

§ 41

43

UEN

-

§ 42

44S

UEN

W

§ 44

45

UEN

-

23

PPE-DE

split/RCV

1

+

493, 73, 19

2

-

262, 299, 20

§ 46

46S

UEN

W

1

PSE

RCV

+

511, 38, 37

oral amendment

recital B

47

IND/DEM

RCV

-

95, 473, 10

after recital B

24

UEN

-

recital D

25

UEN

-

after recital H

26

UEN

-

27

UEN

-

recital J, first indent

2

PSE

+

§

original text

↓

recital L

28

UEN

-

10

PPE-DE

RCV

+

530, 40, 14

recital M

29S

UEN

-

11

PPE-DE

+

after recital M

12

PPE-DE

EV

-

254, 307, 17

recital N

30D

UEN

-

vote: resolution (as a whole)

RCV

+

389, 137, 55

Amendment 48 had been withdrawn.

Requests for roll-call votes

IND/DEM: §§ 47, 49, 50 and final vote

GUE/NGL: ams 3, 6 and 7

PPE-DE: ams 10, 13, 18, 19, 20, 23, 1 and final vote

Verts/ALE: final vote

PSE: final vote

Requests for split votes

PSE

am 18

First part: text as a whole without the words ‘he claims to have been’

Second part: those words

am 23

First part: text as a whole without the words ‘which, while still under shock after 9/11, is in the front line as far as the fight against terrorism is concerned’

Second part: those words

am 3

First part: text as a whole without the words ‘and also at foreign military bases’

Second part: those words

UEN

§ 6

First part: text as a whole without the words ‘serious and inadmissible’

Second part: those words

am 35

First part:‘Considers that the high number ... countries and the USA’

Second part:‘and that all ... inhuman treatment or torture’

Miscellaneous

Michael Gahler moved an oral amendment to amendment 1, which then read as follows:

the drafting of verbatim reports of hearings conducted by the temporary committee, as well as the translation of those reports into the languages of those EU countries that are affected by the investigations;

15.   Interception of bank transfer data from the SWIFT system by the US secret services

Motions for resolutions: B6-0385/2006, B6-0386/2006, B6-0391/2006, B6-0393/2006, B6-0395/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motions for resolutions by political groups |
| B6-0385/2006 | | PPE-DE + UEN | EV | - | 172, 349, 21 |
| Joint motion for a resolution RC-B6-0386/2006




  (PSE, ALDE, Verts/ALE, GUE/NGL) |
| § 1 | § | original text | sep | + | |
| § 9 | § | original text | sep | + | |
| § 11 | § | original text | sep/EV | + | 275, 239, 24 |
| vote: resolution (as a whole) | EV | + | 302, 219, 22 |
| Motions for resolutions by political groups |
| B6-0386/2006 | | PSE | | ↓ | |
| B6-0391/2006 | | Verts/ALE | | ↓ | |
| B6-0393/2006 | | ALDE | | ↓ | |
| B6-0395/2006 | | GUE/NGL | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motions for resolutions by political groups

B6-0385/2006

PPE-DE + UEN

EV

-

172, 349, 21

Joint motion for a resolution RC-B6-0386/2006

(PSE, ALDE, Verts/ALE, GUE/NGL)

§ 1

§

original text

sep

+

§ 9

§

original text

sep

+

§ 11

§

original text

sep/EV

+

275, 239, 24

vote: resolution (as a whole)

EV

+

302, 219, 22

Motions for resolutions by political groups

B6-0386/2006

PSE

↓

B6-0391/2006

Verts/ALE

↓

B6-0393/2006

ALDE

↓

B6-0395/2006

GUE/NGL

↓

Requests for separate votes

GUE/NGL: §§ 1, 9 and 11

16.   Integration of immigrants in the European Union

Report: Stavros LAMBRINIDIS (A6-0190/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 6 | 3D | PPE-DE | | - | |
| § 7 | § | original text | sep | + | |
| § 8 | 4 | PPE-DE | EV | - | 236, 308, 3 |
| § 9 | 5D | PPE-DE | RCV | - | 252, 281, 6 |
| § 14 | § | original text | sep | + | |
| § 17 | § | original text | sep | + | |
| § 18 | 6D | PPE-DE | | - | |
| § 19 | § | original text | sep | + | |
| § 20 | § | original text | sep | + | |
| § 21 | § | original text | sep | + | |
| § 22 | 7 | PPE-DE | RCV | - | 242, 291, 6 |
| 1 | GUE/NGL | | - | |
| § | original text | RCV | + | 287, 248, 12 |
| § 24 | 8D | PPE-DE | | - | |
| § 26 | § | original text | sep | + | |
| recital C | 2 | PPE-DE | | + | |
| recital I | § | original text | RCV | + | 507, 19, 18 |
| recital J, first indent | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| recital J, third indent | § | original text | split | | |
| 1 | + | |
| 2/RCV | + | 296, 242, 4 |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 6

3D

PPE-DE

-

§ 7

§

original text

sep

+

§ 8

4

PPE-DE

EV

-

236, 308, 3

§ 9

5D

PPE-DE

RCV

-

252, 281, 6

§ 14

§

original text

sep

+

§ 17

§

original text

sep

+

§ 18

6D

PPE-DE

-

§ 19

§

original text

sep

+

§ 20

§

original text

sep

+

§ 21

§

original text

sep

+

§ 22

7

PPE-DE

RCV

-

242, 291, 6

1

GUE/NGL

-

§

original text

RCV

+

287, 248, 12

§ 24

8D

PPE-DE

-

§ 26

§

original text

sep

+

recital C

2

PPE-DE

+

recital I

§

original text

RCV

+

507, 19, 18

recital J, first indent

§

original text

split

1

+

2

+

recital J, third indent

§

original text

split

1

+

2/RCV

+

296, 242, 4

vote: resolution (as a whole)

+

Requests for roll-call votes

PPE-DE: recital I, ams 5 and 7 and § 22

Requests for separate votes

PPE-DE: §§ 7, 14, 17, 19, 20, 21 and 26

Requests for split votes

PPE-DE

Recital J, first indent

First part: text as a whole without the words ‘and recognition of immigrants' training and professional qualifications’

Second part: those words

Recital J, third indent

First part: text as a whole without the words ‘and representation’ et ‘governance’

Second part: those words

17.   Development and migration

Report: Marie-Arlette CARLOTTI (A6-0210/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 5 | § | original text | RCV | + | 448, 50, 34 |
| after § 5 | 2 | PPE-DE | | + | |
| § 6 | § | original text | RCV | + | 449, 82, 2 |
| § 15 | § | original text | RCV | + | 402, 81, 33 |
| after citation 7 | 1 | PPE-DE | | + | |
| vote: resolution (as a whole) | RCV | + | 472, 24, 30 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 5

§

original text

RCV

+

448, 50, 34

after § 5

2

PPE-DE

+

§ 6

§

original text

RCV

+

449, 82, 2

§ 15

§

original text

RCV

+

402, 81, 33

after citation 7

1

PPE-DE

+

vote: resolution (as a whole)

RCV

+

472, 24, 30

Requests for roll-call votes

PPE-DE: final vote

PSE: §§ 5, 6, 15 and final vote

Requests for separate votes

PPE-DE: §§ 5, 6, 15

18.   Fair Trade and development

Report: Frithjof SCHMIDT (A6-0207/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 6 | § | original text | sep | + | |
| § 13 | § | original text | sep | + | |
| § 17 | § | original text | sep | + | |
| § 19 | 2 | PPE-DE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2/EV | + | 222, 179, 6 |
| 3 | + | |
| 4 | + | |
| § 28 | § | original text | sep | + | |
| § 29 | § | original text | sep | + | |
| Citation 9 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| recital D | § | original text | sep | + | |
| recital E | § | original text | sep | + | |
| recital F | 1 | PPE-DE | EV | - | 171, 226, 13 |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 6

§

original text

sep

+

§ 13

§

original text

sep

+

§ 17

§

original text

sep

+

§ 19

2

PPE-DE

-

§

original text

split

1

+

2/EV

+

222, 179, 6

3

+

4

+

§ 28

§

original text

sep

+

§ 29

§

original text

sep

+

Citation 9

§

original text

split

1

+

2

+

recital D

§

original text

sep

+

recital E

§

original text

sep

+

recital F

1

PPE-DE

EV

-

171, 226, 13

vote: resolution (as a whole)

+

Amendment 2 replaced all of § 19.

Requests for separate votes

PPE-DE: recitals D, E and §§ 6, 13, 17, 28, 29

Requests for split votes

PPE-DE

Citation 9

First part: text as a whole without the words ‘particularly Article 23(g) thereof’

Second part: those words

§ 19

First part:‘Calls on the Commission ... implemented by women;’

Second part:‘19 b (Within the EU ... Worldshops)’

Third part:‘(c) Within the EU and’

Fourth part:‘in developing countries ... of Fair Trade Organisations’

19.   Time to deliver

Motions for resolutions: B6-0375/2006, B6-0376/2006, B6-0377/2006, B6-0378/2006, B6-0379/2006, B6-0380/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0375/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL) |
| § 10 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0375/2006 | | GUE/NGL | | ↓ | |
| B6-0376/2006 | | UEN | | ↓ | |
| B6-0377/2006 | | PSE | | ↓ | |
| B6-0378/2006 | | PPE-DE | | ↓ | |
| B6-0379/2006 | | ALDE | | ↓ | |
| B6-0380/2006 | | Verts/ALE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0375/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL)

§ 10

§

original text

split

1

+

2

+

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0375/2006

GUE/NGL

↓

B6-0376/2006

UEN

↓

B6-0377/2006

PSE

↓

B6-0378/2006

PPE-DE

↓

B6-0379/2006

ALDE

↓

B6-0380/2006

Verts/ALE

↓

Requests for split votes

IND/DEM

§10

First part: text as a whole without the words ‘and reproductive’

Second part: those words

20.   Somalia

Motions for resolutions: B6-0400/2006, B6-0405/2006, B6-0406/2006, B6-0410/2006, B6-0412/2006, B6-0415/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0400/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| recital C | § | original text | | + | oral amendment |
| §11 | § | original text | | + | oral amendment |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0400/2006 | | Verts/ALE | | ↓ | |
| B6-0405/2006 | | GUE/NGL | | ↓ | |
| B6-0406/2006 | | PPE-DE | | ↓ | |
| B6-0410/2006 | | ALDE | | ↓ | |
| B6-0412/2006 | | PSE | | ↓ | |
| B6-0415/2006 | | UEN | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0400/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

recital C

§

original text

+

oral amendment

§11

§

original text

+

oral amendment

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0400/2006

Verts/ALE

↓

B6-0405/2006

GUE/NGL

↓

B6-0406/2006

PPE-DE

↓

B6-0410/2006

ALDE

↓

B6-0412/2006

PSE

↓

B6-0415/2006

UEN

↓

Miscellaneous

Elena Valenciano Martínez-Orozco had also signed the joint motion for a resolution.

Simon Coveney moved an oral amendment to recital C, which now read as follows:

| C. | whereas unfortunately Somalia has not had an effective national government for over 15 years and the Union of Islamic Courts has started creating radical Islamic courts with a view of taking charge in the areas it controls; whereas, however, tension persists due to clan loyalties, |
| --- | --- |

C.

whereas unfortunately Somalia has not had an effective national government for over 15 years and the Union of Islamic Courts has started creating radical Islamic courts with a view of taking charge in the areas it controls; whereas, however, tension persists due to clan loyalties,

Michael Gahler moved an oral amendment to paragraph 11, adding the Pan-African Parliament to the list of institutions to which the resolution would be forwarded.

21.   Mauritania

Motions for resolutions: B6-0399/2006, B6-0403/2006, B6-0407/2006, B6-0409/2006, B6-0413/2006, B6-0416/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0399/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| § 26 | | original text | | + | oral amendment |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0399/2006 | | Verts/ALE | | ↓ | |
| B6-0403/2006 | | GUE/NGL | | ↓ | |
| B6-0407/2006 | | PPE-DE | | ↓ | |
| B6-0409/2006 | | ALDE | | ↓ | |
| B6-0413/2006 | | PSE | | ↓ | |
| B6-0416/2006 | | UEN | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0399/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

§ 26

original text

+

oral amendment

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0399/2006

Verts/ALE

↓

B6-0403/2006

GUE/NGL

↓

B6-0407/2006

PPE-DE

↓

B6-0409/2006

ALDE

↓

B6-0413/2006

PSE

↓

B6-0416/2006

UEN

↓

Miscellaneous

Michael Gahler moved an oral amendment to paragraph 26, adding the Pan-African Parliament to the list of institutions to which the resolution would be forwarded.

22.   Freedom of expression on the internet

Motions for resolutions: B6-0401/2006, B6-0402/2006, B6-0404/2006, B6-0408/2006, B6-0411/2006, B6-0414/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0401/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | RCV | + | 65, 0, 2 |
| Motions for resolutions by political groups |
| B6-0401/2006 | | Verts/ALE | | ↓ | |
| B6-0402/2006 | | UEN | | ↓ | |
| B6-0404/2006 | | GUE/NGL | | ↓ | |
| B6-0408/2006 | | PPE-DE | | ↓ | |
| B6-0411/2006 | | ALDE | | ↓ | |
| B6-0414/2006 | | PSE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0401/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

vote: resolution (as a whole)

RCV

+

65, 0, 2

Motions for resolutions by political groups

B6-0401/2006

Verts/ALE

↓

B6-0402/2006

UEN

↓

B6-0404/2006

GUE/NGL

↓

B6-0408/2006

PPE-DE

↓

B6-0411/2006

ALDE

↓

B6-0414/2006

PSE

↓

Requests for roll-call votes

PPE-DE: final vote

23.   Origin marking of certain imported products

Motions for resolutions: B6-0384/2006, B6-0390/2006, B6-0392/2006, B6-0394/2006, B6-0396/2006, B6-0397/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0384/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | RCV | + | 63, 0, 1 |
| Motions for resolutions by political groups |
| B6-0384/2006 | | PSE | | ↓ | |
| B6-0390/2006 | | Verts/ALE | | ↓ | |
| B6-0392/2006 | | UEN | | ↓ | |
| B6-0394/2006 | | GUE/NGL | | ↓ | |
| B6-0396/2006 | | PPE-DE | | ↓ | |
| B6-0397/2006 | | ALDE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0384/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

vote: resolution (as a whole)

RCV

+

63, 0, 1

Motions for resolutions by political groups

B6-0384/2006

PSE

↓

B6-0390/2006

Verts/ALE

↓

B6-0392/2006

UEN

↓

B6-0394/2006

GUE/NGL

↓

B6-0396/2006

PPE-DE

↓

B6-0397/2006

ALDE

↓

The INTA Committee had withdrawn its motion for a resolution B6-0381/2006.

Requests for roll-call votes

ALDE: final vote

Miscellaneous

Enrique Barón Crespo moved an oral amendment to paragraph 2, which then read as follows:

| 2. | Deplores the fact that, despite the Commission and the Council's being fully aware of the importance that Parliament attaches to origin marking, the Commission did not formally send the proposed regulation to Parliament for information; understands that this proposal does not legally require Parliament to be consulted; insists, however, that Parliament should always be given the opportunity to express its views on any relevant initiative taken by other Community institutions in a timely manner; |
| --- | --- |

2.

Deplores the fact that, despite the Commission and the Council's being fully aware of the importance that Parliament attaches to origin marking, the Commission did not formally send the proposed regulation to Parliament for information; understands that this proposal does not legally require Parliament to be consulted; insists, however, that Parliament should always be given the opportunity to express its views on any relevant initiative taken by other Community institutions in a timely manner;

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Second report: Hughes A6-0218/2006

Resolution

For: 465

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Wurtz

IND/DEM: Belder, Blokland, Bonde, Grabowski, Krupa, Pęk, Piotrowski, Sinnott, Zapałowski, Železný

NI: Battilocchio, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Piskorski, Rutowicz, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Bushill-Matthews, Busuttil, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Dehaene, Demetriou, Descamps, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Eurlings, Evans Jonathan, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lehne, Lewandowski, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mauro, Mavrommatis, Mayer, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pinheiro, Pirker, Pleštinská, Posdorf, Posselt, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Saïfi, Samaras, Schierhuber, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Stauner, Stevenson, Sudre, Surján, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Beglitis, van den Berg, Berlinguer, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, Díez González, Douay, El Khadraoui, Estrela, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Honeyball, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Masip Hidalgo, Mastenbroek, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Paasilinna, Pahor, Panzeri, Peillon, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani

UEN: Aylward, Camre, Crowley, Foltyn-Kubicka, Janowski, Kamiński, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Evans Jill, Flautre, Graefe zu Baringdorf, Harms, Horáček, Jonckheer, Kusstatscher, Lambert, Lichtenberger, Lucas, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Ždanoka

Against: 18

NI: Helmer, Masiel, Mote

PPE-DE: Březina, Cabrnoch, Callanan, Deß, Duchoň, Fajmon, Gräßle, Lauk, Lechner, Roithová, Škottová, Strejček, Vlasák, Zvěřina

Verts/ALE: Schlyter

Abstention: 13

IND/DEM: Batten, Bloom, Clark, Wise

NI: Allister, Baco, Belohorská, Borghezio, Kozlík, Speroni

PPE-DE: Ulmer, Zieleniec

Verts/ALE: van Buitenen

2.   Report: Alvaro A6-0196/2006

Resolution

For: 442

ALDE: Bourlanges, Cocilovo, Cornillet, Deprez, Jensen, Manders, Pistelli, Ries, Susta, Takkula, Toia

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Tomczak, Zapałowski, Železný

NI: Battilocchio, Belohorská, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Helmer, Masiel, Piskorski, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Jonckheer, Turmes

Against: 16

GUE/NGL: Pafilis, Toussas

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Wise

NI: Gollnisch, Lang, Le Rachinel, Martinez, Mote, Schenardi

PSE: Kuc

Verts/ALE: Schlyter

Abstention: 130

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Davies, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Louis, Rogalski, Sinnott, de Villiers

NI: Allister, Baco, Kozlík, Martin Hans-Peter, Romagnoli

UEN: Krasts

Verts/ALE: Aubert, Auken, Breyer, van Buitenen, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Voggenhuber, Ždanoka

3.   Report: Gaubert A6-0186/2006

Amendments 19 + 28

For: 81

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Czarnecki Ryszard, Giertych, Martin Hans-Peter, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Graça Moura, Kaczmarek, Surján

UEN: Aylward, Camre, Crowley, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 498

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Svensson

IND/DEM: Belder, Blokland, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, de Villiers, Zapałowski, Železný

NI: Allister, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Piskorski, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Berlato, Bielan, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Podkański, Roszkowski, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 12

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Wise

NI: Baco, Borghezio, Kozlík, Mote, Speroni

Corrections to votes

For

Eva-Britt Svensson

Verts/ALE: van Buitenen

4.   RC B6-387/2006 — Company restructuring

Amendment 6

For: 227

ALDE: Gibault, Losco, Pistelli, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Battilocchio, Borghezio, Czarnecki Marek Aleksander, Martin Hans-Peter, Rutowicz, Speroni

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Batzeli, Beglitis, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Berlato, Muscardini, Musumeci, Pirilli, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 316

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Knapman, Nattrass, Tomczak, Wise, Železný

NI: Allister, Bobošíková, Chruszcz, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Zīle

Abstention: 40

ALDE: Harkin

IND/DEM: Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, de Villiers, Zapałowski

NI: Baco, Belohorská, Claeys, Dillen, Kozlík, Romagnoli, Schenardi, Vanhecke

PSE: Ayala Sender, Badia I Cutchet, Barón Crespo, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Hänsch, Ilves, Masip Hidalgo, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Pleguezuelos Aguilar, Riera Madurell, Rosati, Salinas García, Sánchez Presedo, Sornosa Martínez, Valenciano Martínez-Orozco, Yañez-Barnuevo García

Verts/ALE: van Buitenen

5.   RC B6-387/2006 — Company restructuring

Amendment 12

For: 231

ALDE: Cocilovo, Losco, Pistelli, Prodi, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Battilocchio, Borghezio, Rutowicz, Speroni

PPE-DE: Albertini, Castiglione, Coelho, Gargani, Musotto, Podestà, Queiró, Tajani

PSE: Andersson, Arif, Arnaoutakis, Assis, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rosati, Rothe, Roure, Sacconi, Sakalas, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Berlato, Muscardini, Musumeci, Ó Neachtain, Pirilli

Verts/ALE: Aubert, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 305

ALDE: Alvaro, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Chatzimarkakis, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Knapman, Nattrass, Wise, Železný

NI: Allister, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pirker, Pleštinská, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 41

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski

NI: Baco, Belohorská, Claeys, Gollnisch, Kozlík, Le Rachinel, Martin Hans-Peter, Martinez, Romagnoli, Schenardi, Vanhecke

PSE: Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Hänsch, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Pleguezuelos Aguilar, Riera Madurell, Salinas García, Sánchez Presedo, Sornosa Martínez, Valenciano Martínez-Orozco, Yañez-Barnuevo García

Verts/ALE: van Buitenen

Corrections to votes

For

Hans-Peter Martin

6.   RC B6-387/2006 — Company restructuring

Amendment 8

For: 222

ALDE: Losco, Pistelli, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Battilocchio, Borghezio, Martin Hans-Peter, Speroni

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Batzeli, Beglitis, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Berlato, Camre, Muscardini, Musumeci

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 324

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Knapman, Nattrass, Wise, Železný

NI: Allister, Bobošíková, Chruszcz, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Mote, Piskorski, Rutowicz, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Schlyter

Abstention: 37

ALDE: Cocilovo

IND/DEM: Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Tomczak, de Villiers, Zapałowski

NI: Baco, Belohorská, Kozlík, Romagnoli

PPE-DE: Ribeiro e Castro

PSE: Ayala Sender, Badia I Cutchet, Barón Crespo, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Pleguezuelos Aguilar, Riera Madurell, Rosati, Salinas García, Sánchez Presedo, Sornosa Martínez, Valenciano Martínez-Orozco, Yañez-Barnuevo García

Verts/ALE: van Buitenen

7.   RC B6-387/2006 — Company restructuring

Amendment 7

For: 225

ALDE: Cocilovo, Fourtou, Losco, Prodi, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Battilocchio, Borghezio, Martin Hans-Peter, Rutowicz, Speroni

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Berlato, Muscardini, Musumeci

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 321

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cornillet, Davies, Deprez, Drčar Murko, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Knapman, Nattrass, Tomczak, Wise, Železný

NI: Allister, Belohorská, Bobošíková, Chruszcz, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 42

ALDE: Pistelli

IND/DEM: Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, de Villiers, Zapałowski

NI: Baco, Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Vanhecke

PSE: Ayala Sender, Badia I Cutchet, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Hänsch, Ilves, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Pleguezuelos Aguilar, Riera Madurell, Rosati, Salinas García, Sánchez Presedo, Sornosa Martínez, Yañez-Barnuevo García

Verts/ALE: van Buitenen

Corrections to votes

Against

Janelly Fourtou

8.   RC B6-387/2006 — Company restructuring

Amendment 3

For: 234

ALDE: Losco, Pistelli, Prodi, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Nattrass, Sinnott, Wise

NI: Battilocchio, Borghezio, Martin Hans-Peter, Rutowicz, Speroni

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Casaca, Castex, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Mikko, Moraes, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, dos Santos, Scheele, Schulz, Segelström, Skinner, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Berlato, Muscardini, Musumeci, Pirilli

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 311

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Tomczak, Železný

NI: Allister, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Helmer, Masiel, Mote, Piskorski

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 43

ALDE: Harkin

IND/DEM: Grabowski, Krupa, Louis, Pęk, Piotrowski, de Villiers

NI: Baco, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Florenz

PSE: Ayala Sender, Badia I Cutchet, Calabuig Rull, Carnero González, Cercas, Díez González, García Pérez, Ilves, Masip Hidalgo, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Pleguezuelos Aguilar, Riera Madurell, Rosati, Salinas García, Sánchez Presedo, Sornosa Martínez, Yañez-Barnuevo García

Verts/ALE: van Buitenen

9.   RC B6-387/2006 — Company restructuring

Amendment 4

For: 245

ALDE: Cocilovo, Losco, Pistelli, Prodi, Susta, Toia

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Louis, Sinnott, de Villiers

NI: Battilocchio, Borghezio, Czarnecki Ryszard, Martin Hans-Peter, Rutowicz, Speroni

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Berlato, Muscardini, Pirilli

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 317

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Knapman, Nattrass, Tomczak, Wise, Železný

NI: Allister, Belohorská, Bobošíková, Chruszcz, Giertych, Helmer, Mote, Piskorski, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Aylward, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Musumeci, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 17

ALDE: Harkin

IND/DEM: Pęk

NI: Baco, Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Vanhecke

PSE: Hänsch, Ilves, Rosati

Verts/ALE: van Buitenen

10.   Interim report: Fava A6-0213/2006

Amendment 3/1

For: 35

ALDE: Manders

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Strož, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde

NI: Romagnoli

PPE-DE: Atkins, Garriga Polledo, Schnellhardt

PSE: Berlinguer

Against: 545

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Liotard, Seppänen, Sjöstedt, Svensson

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Piotrowski, Rogalski, Sinnott, Tomczak, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mote, Piskorski, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 7

IND/DEM: Louis, de Villiers

NI: Baco, Kozlík

PPE-DE: Kamall, Ventre

Verts/ALE: van Buitenen

11.   Interim report: Fava A6-0213/2006

Amendment 3/2

For: 309

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Allister, Czarnecki Marek Aleksander, Helmer, Martin Hans-Peter, Mote, Romagnoli, Rutowicz

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Elles, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Parish, Purvis, Škottová, Strejček, Sturdy, Tannock, Vlasák, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hughes, Hutchinson, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, Madeira, Maňka, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Foltyn-Kubicka

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 259

ALDE: Busk, Cocilovo, Jäätteenmäki, Jensen, Morillon, Onyszkiewicz, Riis-Jørgensen, Staniszewska

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, de Villiers, Wise, Zapałowski

NI: Battilocchio, Belohorská, Borghezio, Chruszcz, Claeys, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Lang, Le Rachinel, Masiel, Piskorski, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Šťastný, Stevenson, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Gill, Hänsch, Honeyball, Howitt, Kinnock, McAvan, Martin David, Moraes, Titley, Willmott, Wynn

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Janowski, Krasts, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 15

ALDE: Geremek, Kułakowski, Takkula

IND/DEM: Železný

NI: Baco, Bobošíková, Kozlík, Martinez

PPE-DE: Handzlik, Kamall, Nicholson, Ventre

PSE: Ilves, Rosati

Verts/ALE: van Buitenen

12.   Interim report: Fava A6-0213/2006

Amendment 13

For: 537

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Mote, Piskorski, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 36

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

PPE-DE: Bachelot-Narquin, Bonsignore, De Veyrac

UEN: Krasts

Abstention: 12

IND/DEM: Bonde, Louis, de Villiers

NI: Baco, Battilocchio, Belohorská, Kozlík, Martin Hans-Peter, Romagnoli

PPE-DE: Kamall, Ventre

Verts/ALE: van Buitenen

13.   Interim report: Fava A6-0213/2006

Paragraph 6/1

For: 372

ALDE: Alvaro, Andrejevs, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Louis, Sinnott, de Villiers

NI: Allister, Belohorská, Bobošíková, Claeys, Czarnecki Marek Aleksander, Helmer, Martin Hans-Peter, Mote, Romagnoli, Rutowicz, Vanhecke

PPE-DE: Ashworth, Atkins, Bachelot-Narquin, Beazley, Belet, Bowis, Bradbourn, Brepoels, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Coelho, Dehaene, Demetriou, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Freitas, Hannan, Harbour, Heaton-Harris, Hökmark, Kamall, Marques, Nicholson, Parish, Posselt, Purvis, Saïfi, Seeberg, Škottová, Stevenson, Strejček, Sturdy, Tannock, Thyssen, Ventre, Vlasák, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 206

ALDE: Andria, Busk, Jäätteenmäki, Jensen, Onyszkiewicz, Riis-Jørgensen, Staniszewska

GUE/NGL: Pafilis, Toussas

IND/DEM: Batten, Bloom, Bonde, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski

NI: Borghezio, Chruszcz, Czarnecki Ryszard, Giertych, Masiel, Piskorski, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Barsi-Pataky, Bauer, Becsey, Berend, Böge, Bonsignore, Braghetto, Brejc, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coveney, Daul, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Protasiewicz, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

UEN: Bielan, Camre, Szymański, Wojciechowski Janusz

Abstention: 12

IND/DEM: Železný

NI: Baco, Battilocchio, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Schenardi

PSE: Rosati

Verts/ALE: van Buitenen

14.   Interim report: Fava A6-0213/2006

Paragraph 6/2

For: 318

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Louis, Sinnott, de Villiers

NI: Belohorská, Bobošíková, Martin Hans-Peter

PPE-DE: Bachelot-Narquin, Belet, Brepoels, Coelho, Dehaene, Demetriou, De Veyrac, Freitas, Marques, Posselt, Saïfi, Seeberg, Thyssen

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Crowley, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 257

ALDE: Busk, Jäätteenmäki, Jensen, Onyszkiewicz, Riis-Jørgensen, Staniszewska

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Romagnoli, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bradbourn, Braghetto, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coveney, Daul, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Herczog

UEN: Angelilli, Berlato, Bielan, Camre, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Podkański, Roszkowski, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 11

ALDE: Takkula

NI: Baco, Battilocchio, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez

PSE: Rosati

Verts/ALE: van Buitenen

15.   Interim report: Fava A6-0213/2006

Amendment 18/1

For: 496

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Pafilis, Toussas

IND/DEM: Belder, Blokland, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, de Villiers, Zapałowski

NI: Belohorská, Borghezio, Chruszcz, Czarnecki Marek Aleksander, Giertych, Martin Hans-Peter, Masiel, Piskorski, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Šťastný, Sturdy, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 74

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Nattrass, Wise, Železný

NI: Allister, Claeys, Czarnecki Ryszard, Helmer, Mote, Romagnoli, Rutowicz, Vanhecke

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Dover, Duchoň, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Kamall, Nicholson, Parish, Purvis, Ribeiro e Castro, Škottová, Stevenson, Strejček, Tannock, Vlasák, Zvěřina

Abstention: 14

NI: Baco, Battilocchio, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Schenardi

PPE-DE: Bachelot-Narquin, De Veyrac, Saïfi

PSE: Leichtfried

Verts/ALE: van Buitenen

16.   Interim report: Fava A6-0213/2006

Amendment 18/2

For: 263

ALDE: Busk, Geremek, Jäätteenmäki, Jensen, Onyszkiewicz, Riis-Jørgensen, Staniszewska, Takkula

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Allister, Belohorská, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Giertych, Helmer, Masiel, Mote, Piskorski, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Gurmai, Rosati

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Against: 298

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Sinnott

NI: Martin Hans-Peter, Romagnoli

PPE-DE: Belet, Brejc, Brepoels, Dehaene

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 21

ALDE: Kułakowski

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Louis, Nattrass, de Villiers, Wise

NI: Baco, Battilocchio, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez

PPE-DE: Bachelot-Narquin, De Veyrac

Verts/ALE: van Buitenen

17.   Interim report: Fava A6-0213/2006

Amendment 19

For: 532

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski, Železný

NI: Allister, Battilocchio, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mote, Piskorski, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 40

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Clark, Knapman, Louis, Nattrass, de Villiers, Wise

PPE-DE: Spautz

Abstention: 16

GUE/NGL: Kaufmann

IND/DEM: Bonde

NI: Baco, Belohorská, Kozlík, Romagnoli

PPE-DE: Bachelot-Narquin, De Veyrac, Kamall, Mann Thomas

PSE: Leichtfried, Masip Hidalgo, Scheele

UEN: Vaidere, Zīle

Verts/ALE: van Buitenen

18.   Interim report: Fava A6-0213/2006

Amendment 6

For: 41

ALDE: Losco, Ortuondo Larrea

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

PPE-DE: Florenz

PSE: Castex, Cottigny, De Keyser, Gomes, Leichtfried, Martínez Martínez

Against: 533

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Tomczak, de Villiers, Zapałowski, Železný

NI: Allister, Battilocchio, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Masiel, Mote, Piskorski, Romagnoli, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cercas, Christensen, Corbett, Corbey, Correia, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 14

ALDE: Toia

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Sinnott, Wise

NI: Baco, Belohorská, Kozlík

PPE-DE: Kamall, Kasoulides

Verts/ALE: van Buitenen

19.   Interim report: Fava A6-0213/2006

Amendment 20

For: 258

ALDE: Busk, Cornillet, Deprez, Jäätteenmäki, Jensen, Morillon, Onyszkiewicz, Ries, Riis-Jørgensen, Staniszewska, Takkula

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Allister, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Mote, Piskorski, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coveney, Daul, Deva, Díaz de Mera García Consuegra, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Toubon, Ulmer, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Wojciechowski Janusz

Against: 307

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Davies, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

NI: Martin Hans-Peter

PPE-DE: Bachelot-Narquin, Belet, Brepoels, Coelho, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Dimitrakopoulos, Esteves, Freitas, Gklavakis, Hatzidakis, Kratsa-Tsagaropoulou, Papastamkos, Thyssen, Trakatellis, Vakalis

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 20

ALDE: Geremek, Kułakowski

IND/DEM: Batten, Bloom, Clark, Knapman, Louis, Nattrass, Sinnott, de Villiers, Wise

NI: Baco, Battilocchio, Belohorská, Kozlík, Romagnoli

UEN: Kristovskis, Vaidere, Zīle

Verts/ALE: van Buitenen

Corrections to votes

Against

Antonis Samaras

20.   Interim report: Fava A6-0213/2006

Amendment 7

For: 291

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Cocilovo, Davies, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Riis-Jørgensen, Samuelsen, Savi, Sterckx, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

NI: Czarnecki Marek Aleksander, Martin Hans-Peter

PPE-DE: Doyle, Grosch

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 283

ALDE: Bourlanges, Chatzimarkakis, Cornillet, Deprez, Manders, Onyszkiewicz, Ries, Staniszewska, Susta, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Battilocchio, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Masiel, Mote, Piskorski, Romagnoli, Rutowicz, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Rosati

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 13

ALDE: Geremek, Kułakowski

IND/DEM: Louis, Sinnott, de Villiers

NI: Baco, Belohorská, Kozlík, Martinez, Speroni

PPE-DE: Kamall

PSE: Hänsch

Verts/ALE: van Buitenen

21.   Interim report: Fava A6-0213/2006

Amendment 49

For: 95

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski, Železný

NI: Allister, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Mote, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Duchoň, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Lulling, Nicholson, Parish, Purvis, Škottová, Spautz, Stevenson, Strejček, Sturdy, Tannock, Vlasák, Zvěřina

UEN: Angelilli, Berlato, Camre, Kuźmiuk, Muscardini, Musumeci, Pirilli

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 472

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

NI: Battilocchio, Borghezio, Czarnecki Ryszard, Masiel, Piskorski, Rutowicz, Speroni

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Leichtfried, Leinen, Liberadzki, Lienemann, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Bielan, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Libicki, Maldeikis, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 19

ALDE: Geremek

GUE/NGL: Pafilis, Toussas

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Louis, Nattrass, de Villiers, Wise

NI: Baco, Belohorská, Kozlík, Romagnoli

PPE-DE: Kamall, Zieleniec

Verts/ALE: van Buitenen

22.   Interim report: Fava A6-0213/2006

Amendment 50

For: 69

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Allister, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Mote, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Lulling, Nicholson, Parish, Škottová, Spautz, Stevenson, Strejček, Sturdy, Tannock, Vlasák, Zieleniec, Zvěřina

UEN: Angelilli, Berlato, Camre, Kuźmiuk, Muscardini, Musumeci, Pirilli, Podkański

Against: 498

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Sinnott

NI: Battilocchio, Martin Hans-Peter, Masiel, Piskorski

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Caspary, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Bielan, Crowley, Foltyn-Kubicka, Janowski, Kristovskis, Libicki, Maldeikis, Ó Neachtain, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 19

ALDE: Geremek

GUE/NGL: Pafilis, Toussas

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Louis, Nattrass, de Villiers, Wise

NI: Baco, Belohorská, Kozlík, Romagnoli

PPE-DE: Casini, Kamall

Verts/ALE: van Buitenen

Corrections to votes

Abstention

Hans-Peter Martin

23.   Interim report: Fava A6-0213/2006

Amendment 23/1

For: 493

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, de Villiers, Zapałowski

NI: Battilocchio, Borghezio, Chruszcz, Czarnecki Marek Aleksander, Giertych, Martin Hans-Peter, Masiel, Piskorski, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duka-Zólyomi, Ebner, Esteves, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 73

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Nattrass, Wise, Železný

NI: Allister, Czarnecki Ryszard, Helmer, Mote, Rutowicz

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Dover, Duchoň, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Parish, Purvis, Ribeiro e Castro, Škottová, Stevenson, Strejček, Sturdy, Tannock, Vlasák, Zvěřina

PSE: Thomsen

Verts/ALE: Schlyter

Abstention: 19

GUE/NGL: Kaufmann

NI: Baco, Belohorská, Bobošíková, Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Vanhecke

PPE-DE: Kamall, Nicholson

PSE: Scheele

UEN: Camre

Verts/ALE: van Buitenen

Corrections to votes

For

Britta Thomsen

24.   Interim report: Fava A6-0213/2006

Amendment 23/2

For: 262

ALDE: Busk, Deprez, Geremek, Hennis-Plasschaert, Jäätteenmäki, Jensen, Onyszkiewicz, Ries, Riis-Jørgensen, Staniszewska, Takkula

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Zapałowski, Železný

NI: Allister, Belohorská, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Helmer, Le Rachinel, Masiel, Mote, Piskorski, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coveney, Daul, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Rosati

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Szymański, Wojciechowski Janusz

Against: 299

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in't Veld, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Savi, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Sinnott, Wise

NI: Martin Hans-Peter

PPE-DE: Belet, Brepoels, Dehaene, Thyssen

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 20

ALDE: Kułakowski

IND/DEM: Bonde, Louis, de Villiers

NI: Baco, Battilocchio, Bobošíková, Gollnisch, Kozlík, Lang, Martinez, Romagnoli, Schenardi

PPE-DE: Kamall, Reul

UEN: Camre, Kristovskis, Vaidere, Zīle

Verts/ALE: van Buitenen

25.   Interim report: Fava A6-0213/2006

Amendment 1

For: 511

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Harkin, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Losco, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Grabowski, Louis, de Villiers

NI: Battilocchio, Bobošíková, Borghezio, Czarnecki Marek Aleksander, Czarnecki Ryszard, Martin Hans-Peter, Masiel, Piskorski, Rutowicz, Schenardi, Speroni

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Demetriou, Descamps, Deß, Deva, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fjellner, Florenz, Fontaine, Freitas, Friedrich, Gahler, Gál, Galeote, Gargani, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Berlato, Bielan, Camre, Janowski, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Podkański, Roszkowski, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 38

ALDE: Chatzimarkakis, Hall, Hennis-Plasschaert, Karim, Lehideux, Ludford, Prodi

GUE/NGL: Figueiredo, Guerreiro

IND/DEM: Belder, Blokland, Tomczak

NI: Belohorská, Chruszcz, Giertych, Wojciechowski Bernard Piotr

PPE-DE: del Castillo Vera, Dehaene, Díaz de Mera García Consuegra, Fernández Martín, Fraga Estévez, García-Margallo y Marfil, Garriga Polledo, Gutiérrez-Cortines, Herranz García, López-Istúriz White, Rudi Ubeda, Vidal-Quadras

PSE: Öger, Tarabella

UEN: Aylward, Crowley, Kristovskis, Ó Neachtain, Ryan, Vaidere, Zīle

Verts/ALE: Lipietz

Abstention: 37

ALDE: Guardans Cambó, Lynne

GUE/NGL: Pafilis, Toussas

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Wise, Zapałowski, Železný

NI: Allister, Baco, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Mote, Romagnoli, Vanhecke

PPE-DE: Brepoels, De Veyrac, Thyssen, Varela Suanzes-Carpegna, Ventre

PSE: Tarand

Verts/ALE: van Buitenen

Corrections to votes

For

José Manuel García-Margallo y Marfil

26.   Interim report: Fava A6-0213/2006

Amendment 47

For: 95

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Liotard, Markov, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Grabowski, Krupa, Louis, Pęk, Piotrowski, Rogalski, Tomczak, de Villiers, Zapałowski, Železný

NI: Allister, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Martin Hans-Peter, Mote, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bradbourn, Březina, Bushill-Matthews, Cabrnoch, Callanan, Chichester, Deva, Dover, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Nicholson, Parish, Purvis, Queiró, Škottová, Stevenson, Strejček, Sturdy, Tannock, Vlasák, Zvěřina

PSE: Tarabella

UEN: Kristovskis, Kuźmiuk, Vaidere, Zīle

Verts/ALE: Kallenbach, Lucas, Schlyter, Ždanoka

Against: 473

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Kohlíček, Meijer, Remek

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Sinnott, Wise

NI: Battilocchio, Masiel, Piskorski

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarand, Thomsen, Titley, Trautmann, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Janowski, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kusstatscher, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber

Abstention: 10

ALDE: Geremek

GUE/NGL: Pafilis, Toussas

NI: Baco, Belohorská, Le Rachinel, Martinez, Romagnoli

PPE-DE: Kamall

Verts/ALE: van Buitenen

Corrections to votes

For

Kathy Sinnott

27.   Interim report: Fava A6-0213/2006

Amendment 10

For: 530

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Sinnott, Tomczak, Zapałowski, Železný

NI: Allister, Battilocchio, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Helmer, Masiel, Mote, Piskorski, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pīks, Pirker, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schierhuber, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Liberadzki, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Podkański, Roszkowski, Ryan, Szymański, Vaidere, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 40

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Nattrass, Wise

PPE-DE: Olbrycht

PSE: Obiols i Germà

Abstention: 14

GUE/NGL: Kaufmann

IND/DEM: Louis, de Villiers

NI: Baco, Belohorská, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Romagnoli, Schenardi

PPE-DE: Kamall

Verts/ALE: van Buitenen

Corrections to votes

For

Jan Olbrycht

Abstention

Kathy Sinnott

28.   Interim report: Fava A6-0213/2006

Resolution

For: 389

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Samuelsen, Savi, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Belohorská, Martin Hans-Peter

PPE-DE: Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Brejc, Brepoels, Brok, Busuttil, Casa, Caspary, Cederschiöld, Chmielewski, Coelho, Coveney, Dehaene, Demetriou, De Veyrac, Dimitrakopoulos, Doyle, Ebner, Esteves, Eurlings, Fjellner, Florenz, Fontaine, Freitas, Gál, Gaľa, Gklavakis, Goepel, Gräßle, Grosch, Hatzidakis, Hieronymi, Higgins, Hökmark, Ibrisagic, Itälä, Járóka, Jeggle, Jordan Cizelj, Karas, Kasoulides, Kauppi, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Langen, Langendries, Lechner, Lehne, Liese, McGuinness, Mann Thomas, Marques, Mavrommatis, Mayer, Mitchell, Nassauer, van Nistelrooij, Novak, Oomen-Ruijten, Pack, Peterle, Pīks, Pirker, Poettering, Posdorf, Posselt, Purvis, Rack, Reul, Rübig, Schierhuber, Schnellhardt, Schröder, Schwab, Seeber, Seeberg, Sommer, Stauner, Thyssen, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Wynn, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Crowley, Kristovskis, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 137

ALDE: Staniszewska

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Baco, Bobošíková, Borghezio, Chruszcz, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Helmer, Masiel, Mote, Piskorski, Rutowicz, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Beazley, Bonsignore, Bowis, Braghetto, Březina, Bushill-Matthews, Buzek, Cabrnoch, Callanan, Casini, Castiglione, del Castillo Vera, Chichester, Deß, Deva, Díaz de Mera García Consuegra, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Fernández Martín, Fraga Estévez, Friedrich, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gawronski, Gomolka, Graça Moura, Gutiérrez-Cortines, Handzlik, Hannan, Harbour, Heaton-Harris, Herranz García, Jałowiecki, Kaczmarek, Kelam, Klich, Kudrycka, Lauk, Lewandowski, López-Istúriz White, Lulling, Mauro, Mayor Oreja, Millán Mon, Montoro Romero, Musotto, Nicholson, Olbrycht, Parish, Pieper, Podestà, Protasiewicz, Queiró, Ribeiro e Castro, Roithová, Rudi Ubeda, Saryusz-Wolski, Siekierski, Škottová, Spautz, Šťastný, Stevenson, Strejček, Sturdy, Tajani, Tannock, Varela Suanzes-Carpegna, Ventre, Vidal-Quadras, Vlasák, von Wogau, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Kuc, Rosati

UEN: Angelilli, Berlato, Bielan, Camre, Janowski, Kuźmiuk, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Podkański, Roszkowski, Szymański, Wojciechowski Janusz

Abstention: 55

ALDE: Geremek, Jensen, Kułakowski, Lehideux, Onyszkiewicz, Riis-Jørgensen

GUE/NGL: Pafilis, Toussas

IND/DEM: Louis, de Villiers

NI: Battilocchio, Gollnisch, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi

PPE-DE: Daul, Descamps, Dombrovskis, Duka-Zólyomi, Ferber, Gahler, Gaubert, Gauzès, Glattfelder, Grossetête, Guellec, Gyürk, Hoppenstedt, Hudacký, Kamall, Konrad, Kušķis, Mikolášik, Olajos, Őry, Papastamkos, Pleštinská, Radwan, Saïfi, Samaras, Schmitt, Schöpflin, Sonik, Sudre, Surján, Szájer, Toubon

PSE: Golik, Liberadzki, Szejna

UEN: Vaidere, Zīle

Verts/ALE: van Buitenen

Corrections to votes

For

Tokia Saïfi, Jean-Claude Martinez, Antonis Samaras, Françoise Grossetête

29.   Report: Lambrinidis A6-0190/2006

Amendment 5

For: 252

ALDE: Deprez, Fourtou, Laperrouze, Losco, Ries, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Borghezio, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Piskorski, Romagnoli, Rutowicz, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Weber Manfred, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Szejna

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Against: 281

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Drčar Murko, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Bobošíková

PPE-DE: Bachelot-Narquin, Grosch, Weisgerber

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Herczog, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Swoboda, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 6

NI: Baco, Belohorská, Martin Hans-Peter

PPE-DE: Freitas, Ventre

Verts/ALE: van Buitenen

Corrections to votes

For

Bernard Lehideux

30.   Report: Lambrinidis A6-0190/2006

Amendment 7

For: 242

ALDE: Bourlanges, Cornillet, Deprez, Fourtou, Ries, Sterckx, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Wise, Zapałowski, Železný

NI: Allister, Czarnecki Marek Aleksander, Czarnecki Ryszard, Helmer, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Higgins, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Attard-Montalto, Grech, Muscat

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Against: 291

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Drčar Murko, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Riis-Jørgensen, Savi, Staniszewska, Susta, Szent-Iványi, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott, Tomczak

NI: Bobošíková, Borghezio, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Gahler, Hieronymi, Klich, Pieper, Schwab

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 6

ALDE: Toia

NI: Baco, Belohorská, Martin Hans-Peter

PPE-DE: Freitas

Verts/ALE: van Buitenen

31.   Report: Lambrinidis A6-0190/2006

Paragraph 22

For: 287

ALDE: Andrejevs, Andria, Bowles, Budreikaitė, Busk, Cavada, Chatzimarkakis, Cocilovo, Drčar Murko, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Riis-Jørgensen, Savi, Staniszewska, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Nattrass, Sinnott

NI: Bobošíková, Rutowicz

PPE-DE: Becsey, Bushill-Matthews, Cabrnoch, Callanan, Duchoň, Evans Jonathan, Freitas, Grosch, Gyürk, Kamall, Koch, Nicholson, Saïfi, Šťastný

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Gröner, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Moscovici, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Thomsen, Titley, Trautmann, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Crowley, Libicki, Maldeikis, Muscardini, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Staes, Turmes, Voggenhuber, Ždanoka

Against: 248

ALDE: Alvaro, Beaupuy, Bourlanges, Cappato, Cornillet, Deprez, Fourtou, Neyts-Uyttebroeck, Onyszkiewicz, Ries, Sterckx, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Borghezio, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Piskorski, Romagnoli, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Beazley, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grossetête, Guellec, Gutiérrez-Cortines, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Peterle, Pieper, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Stauner, Stevenson, Strejček, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Calabuig Rull, Hamon, Pinior, Tarabella

UEN: Angelilli, Berlato, Bielan, Camre, Janowski, Kristovskis, Musumeci, Pirilli, Roszkowski, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Hassi, Smith

Abstention: 12

GUE/NGL: Figueiredo, Guerreiro

NI: Baco, Belohorská, Martin Hans-Peter

PPE-DE: Bauer, Papastamkos

PSE: Attard-Montalto, Grech, Muscat, Tzampazi

Verts/ALE: van Buitenen

Corrections to votes

For

Evangelia Tzampazi,

Against

James Nicholson, Bernard Lehideux, Anne Laperrouze

32.   Report: Lambrinidis A6-0190/2006

Recital I

For: 507

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Sinnott

NI: Allister, Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Helmer, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Peterle, Pieper, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 19

IND/DEM: Batten, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Borghezio, Giertych, Speroni, Wojciechowski Bernard Piotr

UEN: Camre

Abstention: 18

GUE/NGL: Figueiredo, Guerreiro, Pafilis, Toussas

NI: Baco, Claeys, Dillen, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Romagnoli, Schenardi, Vanhecke

UEN: Musumeci

Verts/ALE: van Buitenen, Flautre

33.   Report: Lambrinidis A6-0190/2006

Recital J-3/2

For: 296

ALDE: Alvaro, Andrejevs, Andria, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Drčar Murko, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Riis-Jørgensen, Savi, Staniszewska, Susta, Szent-Iványi, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott, Tomczak

NI: Belohorská, Bobošíková, Borghezio, Czarnecki Ryszard, Giertych, Martin Hans-Peter, Rutowicz, Speroni, Wojciechowski Bernard Piotr

PPE-DE: Belet, Cederschiöld, Dehaene, Fjellner, Freitas, Hökmark, Ibrisagic, Liese, Saïfi

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Moscovici, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Skinner, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Aylward, Crowley, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 242

ALDE: Beaupuy, Bourlanges, Cornillet, Deprez, Fourtou, Ries, Sterckx, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Grabowski, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Wise, Zapałowski, Železný

NI: Allister, Claeys, Czarnecki Marek Aleksander, Dillen, Gollnisch, Helmer, Lang, Le Rachinel, Martinez, Masiel, Piskorski, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Coveney, Daul, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fajmon, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Peterle, Pieper, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zvěřina, Zwiefka

PSE: Attard-Montalto, Grech, Lambrinidis, Muscat

UEN: Angelilli, Berlato, Bielan, Camre, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Pirilli, Roszkowski, Vaidere, Wojciechowski Janusz, Zīle

Abstention: 4

NI: Baco

PPE-DE: Demetriou, Papastamkos

Verts/ALE: van Buitenen

Corrections to votes

Against

Bernard Lehideux, Anne Laperrouze

34.   Report: Carlotti A6-0210/2006

Paragraph 5

For: 448

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Sinnott

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, El Khadraoui, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 50

GUE/NGL: Adamou, Figueiredo, Guerreiro

IND/DEM: Batten, Belder, Blokland, Clark, Grabowski, Knapman, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Giertych, Gollnisch, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bushill-Matthews, Callanan, Chichester, Deva, Elles, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Kamall, Nicholson, Parish, Pieper, Škottová, Stevenson, Strejček, Tannock, Zvěřina

UEN: Camre

Abstention: 34

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Bonde

NI: Baco, Borghezio, Martin Hans-Peter, Speroni

Verts/ALE: van Buitenen, Schlyter

35.   Report: Carlotti A6-0210/2006

Paragraph 6

For: 449

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Deprez, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Sinnott

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Douay, Dührkop Dührkop, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hasse Ferreira, Haug, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 82

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Grabowski, Knapman, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski, Železný

NI: Allister, Borghezio, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bushill-Matthews, Chichester, Deva, Elles, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Kamall, Nicholson, Parish, Pieper, Škottová, Stevenson, Strejček, Tannock, Zvěřina

UEN: Camre

Verts/ALE: Schlyter

Abstention: 2

NI: Martin Hans-Peter

Verts/ALE: van Buitenen

36.   Report: Carlotti A6-0210/2006

Paragraph 15

For: 402

ALDE: Pistelli

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Toussas, Uca, Wurtz, Zimmer

IND/DEM: Sinnott

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Eurlings, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, van den Berg, Berger, Berlinguer, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Gomes, Grabowska, Grech, Gröner, Gurmai, Guy-Quint, Hänsch, Hamon, Hedh, Hedkvist Petersen, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Segelström, Sornosa Martínez, Sousa Pinto, Swoboda, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 81

ALDE: Andrejevs, Andria, Beaupuy, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Drčar Murko, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Clark, Knapman, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wise, Zapałowski

NI: Allister, Borghezio, Giertych, Speroni, Wojciechowski Bernard Piotr

UEN: Camre

Verts/ALE: Schlyter

Abstention: 33

ALDE: Kułakowski

GUE/NGL: Figueiredo, Guerreiro

IND/DEM: Bonde

NI: Claeys, Dillen, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Martinez, Romagnoli, Schenardi, Vanhecke

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bushill-Matthews, Callanan, Chichester, Deva, Elles, Hannan, Harbour, Heaton-Harris, Kamall, Nicholson, Parish, Pieper, Stevenson, Zvěřina

Verts/ALE: van Buitenen

37.   Report: Carlotti A6-0210/2006

Resolution

For: 472

ALDE: Alvaro, Andrejevs, Andria, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cappato, Cavada, Chatzimarkakis, Cocilovo, Duff, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Adamou, Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, Kohlíček, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Sjöstedt, Strož, Svensson, Uca, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Belohorská, Bobošíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Masiel, Piskorski, Rutowicz

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Busuttil, Buzek, Cabrnoch, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Coveney, Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doyle, Duchoň, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fajmon, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Jałowiecki, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, McGuinness, Mann Thomas, Marques, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Peterle, Pleštinská, Podestà, Poettering, Posdorf, Posselt, Protasiewicz, Queiró, Radwan, Reul, Ribeiro e Castro, Roithová, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Ventre, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Zaleski, Zappalà, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Attard-Montalto, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, El Khadraoui, Estrela, Ettl, Falbr, Fava, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Grabowska, Grech, Gröner, Guy-Quint, Hänsch, Hamon, Hasse Ferreira, Haug, Hedh, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Laignel, Lambrinidis, Leichtfried, Leinen, Lienemann, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moraes, Moreno Sánchez, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Scheele, Schulz, Segelström, Sornosa Martínez, Sousa Pinto, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zani, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Janowski, Kristovskis, Libicki, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Pirilli, Roszkowski, Ryan, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Evans Jill, Flautre, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lambert, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schmidt, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 24

IND/DEM: Batten, Belder, Blokland, Clark, Knapman, Rogalski, Tomczak, Wise, Železný

NI: Allister, Borghezio, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Rachinel, Martinez, Romagnoli, Schenardi, Speroni, Vanhecke, Wojciechowski Bernard Piotr

UEN: Camre

Abstention: 30

GUE/NGL: Pafilis, Toussas

IND/DEM: Grabowski, Krupa, Pęk, Piotrowski, Zapałowski

NI: Baco, Martin Hans-Peter

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bushill-Matthews, Callanan, Chichester, Elles, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Kamall, Nicholson, Parish, Pieper, Stevenson, Strejček, Tannock, Zvěřina

Verts/ALE: van Buitenen

38.   RC B6-0401/2006 — Freedom of expression on the Internet

Resolution

For: 65

ALDE: Busk, Maaten, Matsakis, Onyszkiewicz

GUE/NGL: Brie

IND/DEM: Krupa, Rogalski, Sinnott

NI: Czarnecki Ryszard, Romagnoli, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Audy, Chichester, Chmielewski, Coveney, Deß, Gahler, Gauzès, Gomolka, Grossetête, Jeggle, Kaczmarek, Karas, Lulling, Mavrommatis, Mayer, Olbrycht, Papastamkos, Posselt, Roithová, Samaras, Saryusz-Wolski, Sommer, Sonik, Sturdy, Sudre, Wieland, Záborská, Zaleski, Zwiefka

PSE: Ayala Sender, Carlotti, Casaca, Ettl, Ferreira Elisa, Geringer de Oedenberg, Hasse Ferreira, Hutchinson, Kindermann, Kuc, Medina Ortega, Pinior, Reynaud, Sakalas, Scheele, Trautmann

UEN: Libicki, Muscardini, Wojciechowski Janusz

Verts/ALE: Isler Béguin, Onesta, Romeva i Rueda, Schlyter

Abstention: 2

GUE/NGL: Pflüger, Strož

39.   RC B6-0384/2006 — Origin marking

Resolution

For: 63

ALDE: Busk, Maaten, Matsakis, Onyszkiewicz

GUE/NGL: Brie

IND/DEM: Krupa, Rogalski, Sinnott

NI: Czarnecki Ryszard, Romagnoli, Rutowicz, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Audy, Chichester, Chmielewski, Coveney, Deß, Gahler, Gauzès, Gomolka, Grossetête, Jeggle, Kaczmarek, Karas, Lulling, Mavrommatis, Mayer, Olbrycht, Papastamkos, Posselt, Roithová, Samaras, Saryusz-Wolski, Sommer, Sonik, Sturdy, Sudre, Wieland, Záborská, Zaleski, Zwiefka

PSE: Assis, Ayala Sender, Barón Crespo, Casaca, Ettl, Ferreira Elisa, Geringer de Oedenberg, Hasse Ferreira, Hutchinson, Kindermann, Kuc, Martínez Martínez, Medina Ortega, Pinior, Sakalas, Scheele, Trautmann

UEN: Libicki, Muscardini, Wojciechowski Janusz

Verts/ALE: Onesta

Abstention: 1

GUE/NGL: Pflüger

---

TEXTS ADOPTED

P6_TA(2006)0303

Simplification of VAT charging to counter tax evasion and avoidance *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations (COM(2005)0089 — C6-0100/2005 — 2005/0019(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0089) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0089) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0100/2005), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0100/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgetary Control (A6-0209/2006), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgetary Control (A6-0209/2006),

| 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.

| (1a) | To protect the Community against damage to its financial interests in relation to value added tax, and in particular against losses resulting from fraudulent or other illegal cross-border activities, as the Member States have committed themselves to do pursuant to Article 280 of the Treaty, Member States should cooperate closely with the European Anti-Fraud Office (OLAF). |
| --- | --- |

(1a)

To protect the Community against damage to its financial interests in relation to value added tax, and in particular against losses resulting from fraudulent or other illegal cross-border activities, as the Member States have committed themselves to do pursuant to Article 280 of the Treaty, Member States should cooperate closely with the European Anti-Fraud Office (OLAF).

| (9a) | This Directive should not encroach on the power of the Member States to levy taxes. |
| --- | --- |

(9a)

This Directive should not encroach on the power of the Member States to levy taxes.

| (9b) | In order to counter tax evasion and avoidance effectively, the streamlining of derogations should be only a limited component of a comprehensive programme to reform the Community's value added tax regime, and, thus, further reforms of the regime should be undertaken, aimed, inter alia, at combating tax fraud, with a view to modernising and simplifying, for example, financial services, e-services, double taxation situations, and public services. |
| --- | --- |

(9b)

In order to counter tax evasion and avoidance effectively, the streamlining of derogations should be only a limited component of a comprehensive programme to reform the Community's value added tax regime, and, thus, further reforms of the regime should be undertaken, aimed, inter alia, at combating tax fraud, with a view to modernising and simplifying, for example, financial services, e-services, double taxation situations, and public services.

| (9c) | The criteria for consideration in any change in the system for levying value added tax should be the effectiveness of tax collection, equality in tax treatment, and practicability for businesses. |
| --- | --- |

(9c)

The criteria for consideration in any change in the system for levying value added tax should be the effectiveness of tax collection, equality in tax treatment, and practicability for businesses.

| (1) | In Article 4(4), the following subparagraph is added:



  Where a Member State exercises the option provided for in the second subparagraph, it shall ensure that the application of this option creates neither unjustifiable benefit nor unjustified disadvantage for taxable persons. |
| --- | --- |

(1)

Where a Member State exercises the option provided for in the second subparagraph, it shall ensure that the application of this option creates neither unjustifiable benefit nor unjustified disadvantage for taxable persons.

deleted

| (2) | In Article 5(8) the second sentence is replaced by the following:



  Where appropriate, Member States may, in cases where the recipient is not wholly liable to tax, take the necessary measures to prevent distortion of competition. They shall ensure that there is no unjustifiable benefit or unjustified disadvantage conferred. |
| --- | --- |

(2)

Where appropriate, Member States may, in cases where the recipient is not wholly liable to tax, take the necessary measures to prevent distortion of competition. They shall ensure that there is no unjustifiable benefit or unjustified disadvantage conferred.

deleted

| (7a) | In Article 21(2), in the version set out in Article 28g, the following point (ca) shall be added:









  (ca) | The distinction between those services in respect of which the taxable recipient is liable to pay tax and other services in respect of which, to date, the enterprise providing the service is liable to pay tax, must be clearly and indisputably recognisable to, and ascertainable by, enterprises. |
| --- | --- | --- |

(7a)

(ca)

The distinction between those services in respect of which the taxable recipient is liable to pay tax and other services in respect of which, to date, the enterprise providing the service is liable to pay tax, must be clearly and indisputably recognisable to, and ascertainable by, enterprises.

| (7b) | The following Article shall be inserted:

  Article 30a


  In order to counter cross-border value added tax fraud, affecting the Community's financial interests, and in particular so-called carousel fraud, Member States shall call upon their competent authorities to cooperate closely with the OLAF where fraud is suspected. The Commission shall report to the European Parliament on progress in this area within the framework of its annual report in accordance with Article 280(5) of the Treaty. |
| --- | --- |

(7b)

Article 30a

In order to counter cross-border value added tax fraud, affecting the Community's financial interests, and in particular so-called carousel fraud, Member States shall call upon their competent authorities to cooperate closely with the OLAF where fraud is suspected. The Commission shall report to the European Parliament on progress in this area within the framework of its annual report in accordance with Article 280(5) of the Treaty.

| (7c) | The following Article shall be inserted:

  Article 34a


  To determine the best long-term value added tax collection arrangements for the European Union, the Commission shall draw up a comprehensive comparative synopsis, assessing national thinking on the subject and specifying the many and varied consequences of changing the system to the reverse-charge model and the advantages and disadvantages for the Member States and businesses operating in the Community. |
| --- | --- |

(7c)

Article 34a

To determine the best long-term value added tax collection arrangements for the European Union, the Commission shall draw up a comprehensive comparative synopsis, assessing national thinking on the subject and specifying the many and varied consequences of changing the system to the reverse-charge model and the advantages and disadvantages for the Member States and businesses operating in the Community.

---

(1)  Not yet published in the OJ.

P6_TA(2006)0304

EU-Caribbean partnership for growth, stability and development

European Parliament resolution on the EU-Caribbean partnership for growth, stability and development (2006/2123(INI))

The European Parliament,

| — | having regard to the Communication of 2 March 2006 from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘An EU-Caribbean Partnership for Growth, Stability and Development’ (COM(2006)0086) (hereinafter the ‘Commission Communication’), |
| --- | --- |

—

having regard to the Communication of 2 March 2006 from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘An EU-Caribbean Partnership for Growth, Stability and Development’ (COM(2006)0086) (hereinafter the ‘Commission Communication’),

| — | having regard to the evaluation of the Commission's regional strategy for the Caribbean, Volumes 1 and 2, of April 2005, |
| --- | --- |

—

having regard to the evaluation of the Commission's regional strategy for the Caribbean, Volumes 1 and 2, of April 2005,

| — | having regard to the conclusions of the General Affairs and External Relations Council of 10 April 2006, which include a confirmation of the Common Position on Cuba of 2 December 1996, |
| --- | --- |

—

having regard to the conclusions of the General Affairs and External Relations Council of 10 April 2006, which include a confirmation of the Common Position on Cuba of 2 December 1996,

| — | having regard to the Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (1), |
| --- | --- |

—

having regard to the Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (1),

| — | having regard to the Vienna Declaration of the Third European-Latin American-Caribbean Civil Society Forum of 1 April 2006, |
| --- | --- |

—

having regard to the Vienna Declaration of the Third European-Latin American-Caribbean Civil Society Forum of 1 April 2006,

| — | having regard to its resolution of 23 March 2006 on the development impact of Economic Partnership Agreements (EPAs) (2), |
| --- | --- |

—

having regard to its resolution of 23 March 2006 on the development impact of Economic Partnership Agreements (EPAs) (2),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development (A6-0211/2006), |
| --- | --- |

—

having regard to the report of the Committee on Development (A6-0211/2006),

| A. | whereas by 2020 some Caribbean States will have achieved developed country status, whilst others face a drop from the category of middle-income countries to that of low-income countries, |
| --- | --- |

A.

whereas by 2020 some Caribbean States will have achieved developed country status, whilst others face a drop from the category of middle-income countries to that of low-income countries,

| B. | whereas these small island States have an inherent vulnerability to natural disasters and other external shocks, |
| --- | --- |

B.

whereas these small island States have an inherent vulnerability to natural disasters and other external shocks,

| C. | whereas a dialogue has taken place between the Commission and representatives of Cariforum (3) on the Commission Communication when it was in draft form, |
| --- | --- |

C.

whereas a dialogue has taken place between the Commission and representatives of Cariforum (3) on the Commission Communication when it was in draft form,

| D. | whereas the establishment, on the basis of self-determination, of the Caribbean Single Market and Economy (CSME) represents an important instrument for regional integration, |
| --- | --- |

D.

whereas the establishment, on the basis of self-determination, of the Caribbean Single Market and Economy (CSME) represents an important instrument for regional integration,

| E. | whereas the Cariforum States wanted the EPA negotiations to incorporate a clear development policy dimension with a view to combating increasing poverty and inequality, fostering social cohesion and achieving the Millennium Development Goals (MDGs), |
| --- | --- |

E.

whereas the Cariforum States wanted the EPA negotiations to incorporate a clear development policy dimension with a view to combating increasing poverty and inequality, fostering social cohesion and achieving the Millennium Development Goals (MDGs),

| F. | whereas over 60 % of the region's population is under 30 years of age, and whereas universal access to education is an unresolved problem for all Caribbean States, with the exception of Cuba, |
| --- | --- |

F.

whereas over 60 % of the region's population is under 30 years of age, and whereas universal access to education is an unresolved problem for all Caribbean States, with the exception of Cuba,

| G. | whereas the Belgian Government has made a positive assessment of the critical dialogue and development cooperation with the Cuban Government, |
| --- | --- |

G.

whereas the Belgian Government has made a positive assessment of the critical dialogue and development cooperation with the Cuban Government,

| H. | whereas the programming phase for appropriations under the 10th European Development Fund has started, and whereas this aid should in future be disbursed more quickly and more efficiently and should be better tailored to the needs of the countries in the region, |
| --- | --- |

H.

whereas the programming phase for appropriations under the 10th European Development Fund has started, and whereas this aid should in future be disbursed more quickly and more efficiently and should be better tailored to the needs of the countries in the region,

| 1. | Applauds the involvement of the Cariforum Group in the discussions on the draft Commission Communication and welcomes the fact that the communication has taken account of most of the concerns raised by the States in the region; |
| --- | --- |

1.

Applauds the involvement of the Cariforum Group in the discussions on the draft Commission Communication and welcomes the fact that the communication has taken account of most of the concerns raised by the States in the region;

| 2. | Welcomes the fact that the Commission has based its strategy on the ethos of equality, partnership and ownership; |
| --- | --- |

2.

Welcomes the fact that the Commission has based its strategy on the ethos of equality, partnership and ownership;

| 3. | Regards Parliament's de facto marginalisation by means of a timetable which ruled out its involvement in the drafting of the cooperation strategy for the Caribbean as an exceptionally regrettable departure from the consensual approach employed by the three European institutions, an approach which had proved its worth in connection with the drafting of the Africa Strategy and the European Consensus on the European Union's development policy; |
| --- | --- |

3.

Regards Parliament's de facto marginalisation by means of a timetable which ruled out its involvement in the drafting of the cooperation strategy for the Caribbean as an exceptionally regrettable departure from the consensual approach employed by the three European institutions, an approach which had proved its worth in connection with the drafting of the Africa Strategy and the European Consensus on the European Union's development policy;

| 4. | Deplores the Commission's failure to take proper account of the recommendations made in its evaluation report; |
| --- | --- |

4.

Deplores the Commission's failure to take proper account of the recommendations made in its evaluation report;

| 5. | Endorses the Commission's analysis that cooperation between the two regions has not thus far been accompanied by proper political dialogue; regards as inadequate the practice of holding, once every two years, a one-hour meeting between the EU Troika and the Cariforum heads of government and welcomes the proposal that in future the requisite amount of time should be allocated to such a dialogue at all levels; |
| --- | --- |

5.

Endorses the Commission's analysis that cooperation between the two regions has not thus far been accompanied by proper political dialogue; regards as inadequate the practice of holding, once every two years, a one-hour meeting between the EU Troika and the Cariforum heads of government and welcomes the proposal that in future the requisite amount of time should be allocated to such a dialogue at all levels;

| 6. | Welcomes the planned involvement of the French overseas departments in the region (Guadeloupe, French Guinea and Martinique) and the Caribbean overseas countries and territories (OCTs) in the future political dialogue; in that connection, however, endorses the view expressed by the Caribbean States that the arrangements for this involvement must first be negotiated with those States which, in the context of the Cotonou Agreement (4), signed the agreement on the methodology for the political dialogue; |
| --- | --- |

6.

Welcomes the planned involvement of the French overseas departments in the region (Guadeloupe, French Guinea and Martinique) and the Caribbean overseas countries and territories (OCTs) in the future political dialogue; in that connection, however, endorses the view expressed by the Caribbean States that the arrangements for this involvement must first be negotiated with those States which, in the context of the Cotonou Agreement (4), signed the agreement on the methodology for the political dialogue;

| 7. | Endorses the standpoint adopted by the African, Caribbean and Pacific Group of States (ACP) that the definition of separate EU policies for the three ACP regions must on no account serve to undermine overall relations between the European Union and the ACP States; welcomes the establishment of an additional forum for political dialogue in the form of summits between the European Union and the States of Latin America and the Caribbean (LAC States), but insists on the primacy of the arrangements made in the context of the Cotonou Agreement; |
| --- | --- |

7.

Endorses the standpoint adopted by the African, Caribbean and Pacific Group of States (ACP) that the definition of separate EU policies for the three ACP regions must on no account serve to undermine overall relations between the European Union and the ACP States; welcomes the establishment of an additional forum for political dialogue in the form of summits between the European Union and the States of Latin America and the Caribbean (LAC States), but insists on the primacy of the arrangements made in the context of the Cotonou Agreement;

| 8. | Welcomes the intention stated in the Commission Communication of strengthening credible institutions and of encouraging good governance and transparency in the spheres of finance, taxation and justice in the Caribbean States; calls on all Caribbean States to ratify the UN Convention against Transnational Organized Crime and the UN Convention against Corruption; |
| --- | --- |

8.

Welcomes the intention stated in the Commission Communication of strengthening credible institutions and of encouraging good governance and transparency in the spheres of finance, taxation and justice in the Caribbean States; calls on all Caribbean States to ratify the UN Convention against Transnational Organized Crime and the UN Convention against Corruption;

| 9. | Endorses the Commission's intention of giving priority to supporting the newly-created CSME; reiterates its view that development objectives must form the focus of the EPA negotiations, that the fledgling Caribbean internal market needs adequate trade-related support and capacity-building and that trade liberalisation must be properly sequenced; |
| --- | --- |

9.

Endorses the Commission's intention of giving priority to supporting the newly-created CSME; reiterates its view that development objectives must form the focus of the EPA negotiations, that the fledgling Caribbean internal market needs adequate trade-related support and capacity-building and that trade liberalisation must be properly sequenced;

| 10. | Calls on the Commission to ensure that EPAs are structured in a way which takes into account regional realities and constraints, allowing for recourse to variable geometry if necessary; calls for any commitments undertaken within the framework of the EPA negotiations to be carefully sequenced with the delivery of EPA-related development support which targets the main areas of concern to the governments concerned, including economic restructuring to enhance competitiveness, fiscal adjustment and trade facilitation support; |
| --- | --- |

10.

Calls on the Commission to ensure that EPAs are structured in a way which takes into account regional realities and constraints, allowing for recourse to variable geometry if necessary; calls for any commitments undertaken within the framework of the EPA negotiations to be carefully sequenced with the delivery of EPA-related development support which targets the main areas of concern to the governments concerned, including economic restructuring to enhance competitiveness, fiscal adjustment and trade facilitation support;

| 11. | Draws attention once again to the very significant contribution made by income from customs duties to the budgets and investment capacities of some Caribbean States and concludes, on that basis, that measures leading to the loss of this income, which at present cannot be offset by means of taxation, should not be taken without adequate compensation being provided; stresses, however, that the growth of trade between Caribbean States and between developing countries in general could help to offset losses of tariff revenues and contribute to more stable sources of revenue; |
| --- | --- |

11.

Draws attention once again to the very significant contribution made by income from customs duties to the budgets and investment capacities of some Caribbean States and concludes, on that basis, that measures leading to the loss of this income, which at present cannot be offset by means of taxation, should not be taken without adequate compensation being provided; stresses, however, that the growth of trade between Caribbean States and between developing countries in general could help to offset losses of tariff revenues and contribute to more stable sources of revenue;

| 12. | Endorses the Commission's assessment that the region's small, open economies are particularly vulnerable to global market forces; points out, however, that progressive trade liberalisation, with adequate safeguard mechanisms and allowing sufficient time for adjustment, promotes development and can therefore be a tool for combating poverty; |
| --- | --- |

12.

Endorses the Commission's assessment that the region's small, open economies are particularly vulnerable to global market forces; points out, however, that progressive trade liberalisation, with adequate safeguard mechanisms and allowing sufficient time for adjustment, promotes development and can therefore be a tool for combating poverty;

| 13. | Believes that trade-related capacity-building measures must address supply-side constraints, inter alia by supporting the processing of basic products and the diversification of production, stimulating consultations with and support for small and medium-sized enterprises, eliminating bureaucratic obstacles to investment and thus promoting business development in the region; |
| --- | --- |

13.

Believes that trade-related capacity-building measures must address supply-side constraints, inter alia by supporting the processing of basic products and the diversification of production, stimulating consultations with and support for small and medium-sized enterprises, eliminating bureaucratic obstacles to investment and thus promoting business development in the region;

| 14. | Urges the Commission to implement Recommendation 7 of its own evaluation report, to take account of the principles underpinning the United Nations Small Island Developing States Network; and requests the Commission to publicly disseminate the study carried out on the impact of trade liberalisation and globalisation on the sustainable development of such States; |
| --- | --- |

14.

Urges the Commission to implement Recommendation 7 of its own evaluation report, to take account of the principles underpinning the United Nations Small Island Developing States Network; and requests the Commission to publicly disseminate the study carried out on the impact of trade liberalisation and globalisation on the sustainable development of such States;

| 15. | Regards the compensation and adjustment programmes to cushion the impact of changes in the market for sugar and bananas as underfunded and, in the light of the recent demonstrations in the region, fears that social cohesion, a cooperation objective, may be seriously undermined; |
| --- | --- |

15.

Regards the compensation and adjustment programmes to cushion the impact of changes in the market for sugar and bananas as underfunded and, in the light of the recent demonstrations in the region, fears that social cohesion, a cooperation objective, may be seriously undermined;

| 16. | Calls on the Commission to develop programmes to encourage agricultural conversion with a view to safeguarding and creating, in a manner consistent with the objectives of social, food security, energy and environmental policies, acceptable jobs in farms currently run along conventional and uncompetitive lines; |
| --- | --- |

16.

Calls on the Commission to develop programmes to encourage agricultural conversion with a view to safeguarding and creating, in a manner consistent with the objectives of social, food security, energy and environmental policies, acceptable jobs in farms currently run along conventional and uncompetitive lines;

| 17. | Calls for greater attention to be paid to the social, cultural and environmental implications of the cooperation strategy and for the development of systematic impact forecasting and assessment on the basis of the indicators provided by the MDGs; |
| --- | --- |

17.

Calls for greater attention to be paid to the social, cultural and environmental implications of the cooperation strategy and for the development of systematic impact forecasting and assessment on the basis of the indicators provided by the MDGs;

| 18. | Welcomes the incorporation of important environmental-protection tasks in development cooperation with the Caribbean region and calls for massive funding to develop the use of renewable energy sources and energy efficiency with a view to forestalling the ruinous impact of the increase in oil prices and to slowing down climate change; |
| --- | --- |

18.

Welcomes the incorporation of important environmental-protection tasks in development cooperation with the Caribbean region and calls for massive funding to develop the use of renewable energy sources and energy efficiency with a view to forestalling the ruinous impact of the increase in oil prices and to slowing down climate change;

| 19. | Shares the Commission's concerns that, as a result of global climate change, the frequency and intensity of weather-related disasters in the region will increase even further and supports the objective of improved natural disaster management, but deplores the lack of any reference to the EU-ACP natural disaster facility established in 2005; calls on the Commission to support the permanent long-term establishment of such a facility; requests the Commission to provide regular follow-up on this process to the European Parliament's Committee on Development and to the ACP-EU Joint Parliamentary Assembly's Committee on Social Affairs and the Environment; draws attention to the vulnerability of the Caribbean States' economies to natural disasters and welcomes the Commission's announcement that it will employ new, quicker disbursement procedures for reconstruction aid which involve compulsory pre-financing; |
| --- | --- |

19.

Shares the Commission's concerns that, as a result of global climate change, the frequency and intensity of weather-related disasters in the region will increase even further and supports the objective of improved natural disaster management, but deplores the lack of any reference to the EU-ACP natural disaster facility established in 2005; calls on the Commission to support the permanent long-term establishment of such a facility; requests the Commission to provide regular follow-up on this process to the European Parliament's Committee on Development and to the ACP-EU Joint Parliamentary Assembly's Committee on Social Affairs and the Environment; draws attention to the vulnerability of the Caribbean States' economies to natural disasters and welcomes the Commission's announcement that it will employ new, quicker disbursement procedures for reconstruction aid which involve compulsory pre-financing;

| 20. | Criticises the fact that the strategy for the Caribbean pays far too little attention to the task of dealing with the problem of youth unemployment and the growing frustration among young people; is concerned that the impending crisis in the Caribbean farming industry will serve to exacerbate this situation; |
| --- | --- |

20.

Criticises the fact that the strategy for the Caribbean pays far too little attention to the task of dealing with the problem of youth unemployment and the growing frustration among young people; is concerned that the impending crisis in the Caribbean farming industry will serve to exacerbate this situation;

| 21. | Emphasises the key role which the development of sustainable tourism can play as a force for economic development and advocates long-term financial support for the building of the requisite infrastructure (roads, ports, airports, etc.); draws attention, however, to the Commission's failure to acknowledge that regional and local ownership of tourist amenities is fundamental to that sustainability and must be encouraged in order to reduce the outflow of profits to ensure that local people are not forced into roles as menial workers and to prevent the ultimate destruction of landscapes; |
| --- | --- |

21.

Emphasises the key role which the development of sustainable tourism can play as a force for economic development and advocates long-term financial support for the building of the requisite infrastructure (roads, ports, airports, etc.); draws attention, however, to the Commission's failure to acknowledge that regional and local ownership of tourist amenities is fundamental to that sustainability and must be encouraged in order to reduce the outflow of profits to ensure that local people are not forced into roles as menial workers and to prevent the ultimate destruction of landscapes;

| 22. | Welcomes the Commission's offer to keep the door open for political dialogue with Cuba; criticises, however, the tight restrictions imposed on any such dialogue on the basis of the 1996 Common Position; |
| --- | --- |

22.

Welcomes the Commission's offer to keep the door open for political dialogue with Cuba; criticises, however, the tight restrictions imposed on any such dialogue on the basis of the 1996 Common Position;

| 23. | Points out that successful representations by the EU to the USA resulting in a lifting of the embargo policy could have substantial economic benefits for the entire region; in keeping with a policy based on respect for political, social, individual and economic human rights, urges the opening of a critical dialogue with the Cuban Government; |
| --- | --- |

23.

Points out that successful representations by the EU to the USA resulting in a lifting of the embargo policy could have substantial economic benefits for the entire region; in keeping with a policy based on respect for political, social, individual and economic human rights, urges the opening of a critical dialogue with the Cuban Government;

| 24. | Emphasises the importance of coordinating development programmes with non-European players in the region, in particular Canada, China, Brazil and Venezuela and, in that connection, regrets the fact that the Commission's portrayal of the involvement of other players is characterised by a degree of mistrust; |
| --- | --- |

24.

Emphasises the importance of coordinating development programmes with non-European players in the region, in particular Canada, China, Brazil and Venezuela and, in that connection, regrets the fact that the Commission's portrayal of the involvement of other players is characterised by a degree of mistrust;

| 25. | Emphasises the heterogeneous nature of the region and calls for a more nuanced cooperation strategy; against that background, calls on the Commission to assess, for each individual Caribbean State, on the basis of, inter alia, its degree of transparency, strong and independent institutions and good governance, whether the focus on budgetary aid is a suitable method of achieving development objectives; |
| --- | --- |

25.

Emphasises the heterogeneous nature of the region and calls for a more nuanced cooperation strategy; against that background, calls on the Commission to assess, for each individual Caribbean State, on the basis of, inter alia, its degree of transparency, strong and independent institutions and good governance, whether the focus on budgetary aid is a suitable method of achieving development objectives;

| 26. | Draws particular attention to Haiti's desperate plight and calls on the Commission and the Member States to develop a special programme for Haiti which goes beyond the scope of general cooperation with the Caribbean region and for which additional resources will be required; welcomes the generally satisfactory conduct of the presidential and parliamentary elections held in Haiti in February and April 2006; |
| --- | --- |

26.

Draws particular attention to Haiti's desperate plight and calls on the Commission and the Member States to develop a special programme for Haiti which goes beyond the scope of general cooperation with the Caribbean region and for which additional resources will be required; welcomes the generally satisfactory conduct of the presidential and parliamentary elections held in Haiti in February and April 2006;

| 27. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the governments and parliaments of the Caribbean States. |
| --- | --- |

27.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the governments and parliaments of the Caribbean States.

---

(1)  OJ C 46, 24.2.2006, p. 1.

(2)  Texts Adopted, P6_TA(2006)0113.

(3)  The Forum of the Caribbean States of the African, Caribbean and Pacific Group of States.

(4)  Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3).

P6_TA(2006)0305

Healthcare workers and blood-borne infections due to needlestick injuries

European Parliament resolution with recommendations to the Commission on protecting European healthcare workers from blood-borne infections due to needlestick injuries (2006/2015(INI))

The European Parliament,

| — | having regard to Article 192, second paragraph of the EC Treaty, |
| --- | --- |

—

having regard to Article 192, second paragraph of the EC Treaty,

| — | having regard to Rules 39, 45 and 168 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 39, 45 and 168 of its Rules of Procedure,

| — | having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1), |
| --- | --- |

—

having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1),

| — | having regard to Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (2), |
| --- | --- |

—

having regard to Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (2),

| — | having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (3), |
| --- | --- |

—

having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (3),

| — | having regard to the Commission communication on the practical implementation of the provisions of the Health and Safety at Work Directives (COM(2004)0062), |
| --- | --- |

—

having regard to the Commission communication on the practical implementation of the provisions of the Health and Safety at Work Directives (COM(2004)0062),

| — | having regard to the European Competitiveness Report 2004 (SEC(2004)1397), |
| --- | --- |

—

having regard to the European Competitiveness Report 2004 (SEC(2004)1397),

| — | having regard to the Commission communication on adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006 (COM(2002)0118), |
| --- | --- |

—

having regard to the Commission communication on adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006 (COM(2002)0118),

| — | having regard to its resolution of 24 February 2005 on promoting health and safety at the workplace (4), |
| --- | --- |

—

having regard to its resolution of 24 February 2005 on promoting health and safety at the workplace (4),

| — | having regard to the report of the Committee on Employment and Social Affairs (A6-0137/2006), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A6-0137/2006),

| — | having regard to the second report of the Committee on Employment and Social Affairs (A6-0218/2006), |
| --- | --- |

—

having regard to the second report of the Committee on Employment and Social Affairs (A6-0218/2006),

| A. | whereas needlestick injuries may lead to the transmission of more than 20 life-threatening viruses, including hepatitis B, hepatitis C, and HIV/Aids, and thus presents a serious public health problem, |
| --- | --- |

A.

whereas needlestick injuries may lead to the transmission of more than 20 life-threatening viruses, including hepatitis B, hepatitis C, and HIV/Aids, and thus presents a serious public health problem,

| B. | whereas the prevalence of hepatitis B, hepatitis C, and HIV is increasing, and the United Nations programme to combat AIDS (UNAIDS) has reported that there are over 40 million cases of HIV and over five million cases of hepatitis C worldwide, |
| --- | --- |

B.

whereas the prevalence of hepatitis B, hepatitis C, and HIV is increasing, and the United Nations programme to combat AIDS (UNAIDS) has reported that there are over 40 million cases of HIV and over five million cases of hepatitis C worldwide,

| C. | whereas independent studies have shown that the majority of needlestick injuries can be prevented by better training, better working conditions, and the use of safer medical instruments, |
| --- | --- |

C.

whereas independent studies have shown that the majority of needlestick injuries can be prevented by better training, better working conditions, and the use of safer medical instruments,

| D. | whereas existing EC legislation protecting health workers from needlestick injuries has proved ineffective in practice, |
| --- | --- |

D.

whereas existing EC legislation protecting health workers from needlestick injuries has proved ineffective in practice,

| E. | whereas there is a serious shortage of healthcare staff, and studies in France and Great Britain have shown that one of the main reasons why the care profession is unattractive is because of the daily risks involved; and whereas the European Competitiveness Report 2004 recognised the increasing shortage of workers in the health sector as a matter of particular concern for the European Union, |
| --- | --- |

E.

whereas there is a serious shortage of healthcare staff, and studies in France and Great Britain have shown that one of the main reasons why the care profession is unattractive is because of the daily risks involved; and whereas the European Competitiveness Report 2004 recognised the increasing shortage of workers in the health sector as a matter of particular concern for the European Union,

| F. | whereas the Commission has delivered consistently disappointing responses to Parliamentary Questions posed by various Members of the European Parliament, highlighting the need for urgent and concrete steps for the protection of healthcare workers, |
| --- | --- |

F.

whereas the Commission has delivered consistently disappointing responses to Parliamentary Questions posed by various Members of the European Parliament, highlighting the need for urgent and concrete steps for the protection of healthcare workers,

| G. | whereas the Commission should be reminded that such action would be in line with the initiative for better regulation, including the amendment of legislation that has proved ineffective, |
| --- | --- |

G.

whereas the Commission should be reminded that such action would be in line with the initiative for better regulation, including the amendment of legislation that has proved ineffective,

| H. | whereas concern regarding the life-threatening occupational risks faced by healthcare workers from contaminated needles has been brought to the attention of the Commission on several occasions, most recently in its resolution of 24 February 2005, which calls for a revision of Directive 2000/54/EC to address specifically the risk arising from work with needles and medical sharps, |
| --- | --- |

H.

whereas concern regarding the life-threatening occupational risks faced by healthcare workers from contaminated needles has been brought to the attention of the Commission on several occasions, most recently in its resolution of 24 February 2005, which calls for a revision of Directive 2000/54/EC to address specifically the risk arising from work with needles and medical sharps,

| I. | whereas there is no proposal within the meaning of Article 39(2) of its Rules of Procedure in preparation, more than 12 months following Parliament's request for legislative improvement, and whereas, during that time, about one million additional needlestick injuries are likely to have been suffered by healthcare workers in the EU, many of which could have been avoided; whereas some of these injuries will lead to infection with potentially fatal blood-borne viruses and many more will cause healthcare workers and their families months of anguish, while they do not know whether or not they have contracted a life-threatening infection, |
| --- | --- |

I.

whereas there is no proposal within the meaning of Article 39(2) of its Rules of Procedure in preparation, more than 12 months following Parliament's request for legislative improvement, and whereas, during that time, about one million additional needlestick injuries are likely to have been suffered by healthcare workers in the EU, many of which could have been avoided; whereas some of these injuries will lead to infection with potentially fatal blood-borne viruses and many more will cause healthcare workers and their families months of anguish, while they do not know whether or not they have contracted a life-threatening infection,

| 1. | Requests the Commission to submit to Parliament within three months of the date of adoption of this resolution on the basis of Articles 137 and 251 of the Treaty, a legislative proposal for a directive amending Directive 2000/54/EC; |
| --- | --- |

1.

Requests the Commission to submit to Parliament within three months of the date of adoption of this resolution on the basis of Articles 137 and 251 of the Treaty, a legislative proposal for a directive amending Directive 2000/54/EC;

| 2. | Notes that the model effective in Germany to date, in combination with experience from Spain, could form the basis for a legislative proposal; |
| --- | --- |

2.

Notes that the model effective in Germany to date, in combination with experience from Spain, could form the basis for a legislative proposal;

| 3. | Calls on the Commission to develop common EU standards for reporting and recording needlestick injuries; |
| --- | --- |

3.

Calls on the Commission to develop common EU standards for reporting and recording needlestick injuries;

| 4. | Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens; |
| --- | --- |

4.

Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens;

| 5. | Considers that the requested proposal will have no financial implications; |
| --- | --- |

5.

Considers that the requested proposal will have no financial implications;

| 6. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

6.

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

---

(1)  OJ L 183, 29.6.1989, p. 1.

(2)  OJ L 393, 30.12.1989, p. 13.

(3)  OJ L 262, 17.10.2000, p. 21.

(4)  OJ C 304 E, 1.12.2005, p. 400.

ANNEX TO THE MOTION FOR A RESOLUTION

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

1.   BACKGROUND

| 1.1 | A needlestick injury to a healthcare worker occurs when the skin is accidentally punctured with a needle that may be contaminated with a patient's blood. Contaminated needles can transmit more than 20 dangerous blood-borne pathogens, including hepatitis B, hepatitis C and HIV. The majority of these injuries are suffered by nurses and doctors, but other medical staff are also at significant risk, as are auxiliary staff such as cleaners and laundry staff and other downstream workers. |
| --- | --- |

1.1

A needlestick injury to a healthcare worker occurs when the skin is accidentally punctured with a needle that may be contaminated with a patient's blood. Contaminated needles can transmit more than 20 dangerous blood-borne pathogens, including hepatitis B, hepatitis C and HIV. The majority of these injuries are suffered by nurses and doctors, but other medical staff are also at significant risk, as are auxiliary staff such as cleaners and laundry staff and other downstream workers.

| 1.2 | Approximately 10 % of workers in the EU are employed in the health and welfare sector with a significant proportion of these employed in hospitals. This makes healthcare one of the biggest employment sectors in Europe. Work-related accident rates in the healthcare and social services sectors are 30 % higher than the EU average (1). High on the list of hazards are exposures to biological agents, especially HIV and the hepatitis B and C viruses. |
| --- | --- |

1.2

Approximately 10 % of workers in the EU are employed in the health and welfare sector with a significant proportion of these employed in hospitals. This makes healthcare one of the biggest employment sectors in Europe. Work-related accident rates in the healthcare and social services sectors are 30 % higher than the EU average (1). High on the list of hazards are exposures to biological agents, especially HIV and the hepatitis B and C viruses.

| 1.3 | Percutaneous injury from hollow-bore blood-filled sharp objects is the primary route through which healthcare workers occupationally acquire blood-borne and potentially fatal diseases. It is estimated that there are 1 million needlestick injuries in Europe annually (2). |
| --- | --- |

1.3

Percutaneous injury from hollow-bore blood-filled sharp objects is the primary route through which healthcare workers occupationally acquire blood-borne and potentially fatal diseases. It is estimated that there are 1 million needlestick injuries in Europe annually (2).

| 1.4 | High-risk procedures include blood collection, intravenous cannulation and percutaneously placed syringes. Small amounts of blood can result in potentially life-threatening infection. The risk of infection is dependent on various factors, such as the infection status of the patient, the virus load of the patient, the immune status of the staff member, the depth of the wound, the volume of blood transferred, the time between receiving and disinfecting the wound and the availability and use of post-exposure prophylaxis. |
| --- | --- |

1.4

High-risk procedures include blood collection, intravenous cannulation and percutaneously placed syringes. Small amounts of blood can result in potentially life-threatening infection. The risk of infection is dependent on various factors, such as the infection status of the patient, the virus load of the patient, the immune status of the staff member, the depth of the wound, the volume of blood transferred, the time between receiving and disinfecting the wound and the availability and use of post-exposure prophylaxis.

| 1.5 | The prevalence of these infections is considerably higher in the healthcare setting than in the general population (3). |
| --- | --- |

1.5

The prevalence of these infections is considerably higher in the healthcare setting than in the general population (3).

| 1.6 | The risk of hepatitis B can be reduced by vaccination and, if administered rapidly, post-exposure prophylaxis can lower the risk of HIV transmission. For hepatitis C, however, such measures are not helpful. |
| --- | --- |

1.6

The risk of hepatitis B can be reduced by vaccination and, if administered rapidly, post-exposure prophylaxis can lower the risk of HIV transmission. For hepatitis C, however, such measures are not helpful.

| 1.7 | Studies have shown that the use of safer instruments can significantly reduce the number of needlestick injuries. Independently of this measure, regular training and organisational measures can also significantly lessen the number of needlestick injuries. Therefore, as well as the use of appliances with safety features, emphasis should be placed on organisational measures such as established working procedures, training and instruction of workers and raising awareness of risky activities (4). |
| --- | --- |

1.7

Studies have shown that the use of safer instruments can significantly reduce the number of needlestick injuries. Independently of this measure, regular training and organisational measures can also significantly lessen the number of needlestick injuries. Therefore, as well as the use of appliances with safety features, emphasis should be placed on organisational measures such as established working procedures, training and instruction of workers and raising awareness of risky activities (4).

2.   CURRENT LEGISLATION

| 2.1 | Directive 2000/54/EC (the seventh individual directive within the meaning of article 16(1) of Directive 89/391/EEC) contains provisions designed to protect workers from risks related to exposure to biological agents at work. The following provisions are particularly relevant in this context:






  — | Biological agents are classified into four groups, according to their level of risk infection (Article 2). |
| --- | --- | --- |

2.1

Directive 2000/54/EC (the seventh individual directive within the meaning of article 16(1) of Directive 89/391/EEC) contains provisions designed to protect workers from risks related to exposure to biological agents at work. The following provisions are particularly relevant in this context:

—

Biological agents are classified into four groups, according to their level of risk infection (Article 2).

| — | In the case of any activity likely to involve a risk of exposure to biological agents, the employer must carry out a risk assessment (Article 3). |
| --- | --- |

—

In the case of any activity likely to involve a risk of exposure to biological agents, the employer must carry out a risk assessment (Article 3).

| — | Where it is not technically practicable to prevent exposure to risk, the risk must be reduced to as low a level as necessary to protect adequately the health and safety of the workers concerned. This includes individual protection measures, drawing up plans to deal with accidents and safe collection, storage and disposal of waste (Article 6). |
| --- | --- |

—

Where it is not technically practicable to prevent exposure to risk, the risk must be reduced to as low a level as necessary to protect adequately the health and safety of the workers concerned. This includes individual protection measures, drawing up plans to deal with accidents and safe collection, storage and disposal of waste (Article 6).

| — | Procedures for taking, handling and processing samples of human or animal origin must be established (Article 8). |
| --- | --- |

—

Procedures for taking, handling and processing samples of human or animal origin must be established (Article 8).

| — | Appropriate measures must be taken in health and veterinary care facilities in order to protect the health and safety of workers concerned (Article 15). |
| --- | --- |

—

Appropriate measures must be taken in health and veterinary care facilities in order to protect the health and safety of workers concerned (Article 15).

| 2.2 | Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of article 16(1) of Directive 89/391/EEC) is also relevant. Article 3 imposes an obligation on the employer to:






  — | ensure that work equipment is suitable for the work to be carried out and may be used by workers without impairment to their health and safety; |
| --- | --- | --- |

2.2

Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of article 16(1) of Directive 89/391/EEC) is also relevant. Article 3 imposes an obligation on the employer to:

—

ensure that work equipment is suitable for the work to be carried out and may be used by workers without impairment to their health and safety;

| — | pay attention to the specific working conditions and hazards posed by the use of the equipment in question; and |
| --- | --- |

—

pay attention to the specific working conditions and hazards posed by the use of the equipment in question; and

| — | take measures to minimise the risks. |
| --- | --- |

—

take measures to minimise the risks.

In addition, Workers should receive information and training on the use of work equipment and any risks which such use may entail (Article 6 and 7).

3.   WHY A LEGISLATIVE SOLUTION IS NECESSARY

| 3.1 | While the existing legislation should, in theory, address the risk of needlestick injuries, in practical terms, this has not been the case to date. The Commission communication on the practical implementation of the Health and Safety at Work Directives (COM(2004)0062) specifically refers to problems in the public sector, including hospitals. |
| --- | --- |

3.1

While the existing legislation should, in theory, address the risk of needlestick injuries, in practical terms, this has not been the case to date. The Commission communication on the practical implementation of the Health and Safety at Work Directives (COM(2004)0062) specifically refers to problems in the public sector, including hospitals.

| 3.2 | Guidelines, awareness campaigns and other non-legislative initiatives can only make a partial contribution; they should be used in addition to directives (5); |
| --- | --- |

3.2

Guidelines, awareness campaigns and other non-legislative initiatives can only make a partial contribution; they should be used in addition to directives (5);

| 3.3 | The European Competitiveness Report 2004 acknowledges the escalating shortage of healthcare workers as a cause for concern throughout Europe. There are many reasons why healthcare may not be seen as an attractive career, but the occupational safety risks that are present in the workplace are certainly a contributing factor. |
| --- | --- |

3.3

The European Competitiveness Report 2004 acknowledges the escalating shortage of healthcare workers as a cause for concern throughout Europe. There are many reasons why healthcare may not be seen as an attractive career, but the occupational safety risks that are present in the workplace are certainly a contributing factor.

4.   FINANCIAL IMPLICATIONS

| 4.1 | Numerous independent studies have examined the short and long-term benefits of investment in safer working practices and medical devices to prevent needlestick injury and each of these has concluded that, overall, economic savings will be achieved (6). |
| --- | --- |

4.1

Numerous independent studies have examined the short and long-term benefits of investment in safer working practices and medical devices to prevent needlestick injury and each of these has concluded that, overall, economic savings will be achieved (6).

5.   SPECIFIC PROVISIONS

| 5.1 | The following provisions should be inserted into Directive 2000/54/EC:






  Article 2, point (ca) (new) | ‘“medical sharp” shall include hollow-bore needles (such as those incorporated in syringes, lancets, specialised blood-sampling devices, winged needles and intravenous catheters), suture needles, scalpels and other medical cutting implements.’ |
| --- | --- | --- |
| Article 15, paragraph 1, point (ca) (new) | ‘the risk of injury from needles and other medical sharps that are contaminated with blood.’ |
| Article 15, paragraph 2a (new) | ‘Safe devices to prevent cutting and needlestick injuries should not endanger the patients. Without prejudice to paragraph 2, and with the participation of the doctors responsible, moves should be made towards taking the following specific preventative measures in health and veterinary care facilities to protect workers from injuries caused by needles and other medical sharps:






  (a) | where available, safe and effective systems to minimise the use of cannula should be used, e.g. cannula that remain in the vein; |

5.1

The following provisions should be inserted into Directive 2000/54/EC:

Article 2, point (ca) (new)

‘“medical sharp” shall include hollow-bore needles (such as those incorporated in syringes, lancets, specialised blood-sampling devices, winged needles and intravenous catheters), suture needles, scalpels and other medical cutting implements.’

Article 15, paragraph 1, point (ca) (new)

‘the risk of injury from needles and other medical sharps that are contaminated with blood.’

Article 15, paragraph 2a (new)

‘Safe devices to prevent cutting and needlestick injuries should not endanger the patients. Without prejudice to paragraph 2, and with the participation of the doctors responsible, moves should be made towards taking the following specific preventative measures in health and veterinary care facilities to protect workers from injuries caused by needles and other medical sharps:

(a)

where available, safe and effective systems to minimise the use of cannula should be used, e.g. cannula that remain in the vein;

| (b) | on the basis of risk-assessment, moves should be made towards ensuring that appliances with safety features, where they exist, are used efficiently and in a targeted manner in areas with a particularly high risk of accidents or infection, taking into account the cost/benefit ratio; |
| --- | --- |

(b)

on the basis of risk-assessment, moves should be made towards ensuring that appliances with safety features, where they exist, are used efficiently and in a targeted manner in areas with a particularly high risk of accidents or infection, taking into account the cost/benefit ratio;

| (c) | Work practices that pose a risk of needle injury shall be modified to make them safer and recapping needles shall be eliminated; |
| --- | --- |

(c)

Work practices that pose a risk of needle injury shall be modified to make them safer and recapping needles shall be eliminated;

| (d) | all workers, especially those who perform cannulation, shall be trained in the safe use and disposal of needles and other medical sharps in appropriate sharps containers, as well as in the proper sealing of waste in these containers; |
| --- | --- |

(d)

all workers, especially those who perform cannulation, shall be trained in the safe use and disposal of needles and other medical sharps in appropriate sharps containers, as well as in the proper sealing of waste in these containers;

| (e) | if a sharps bin is not in the immediate vicinity of where a needle is used, the worker should carry a disposable tray, which in turn will be disposed of in a clinical waste bin to prevent contamination in the event of blood staining; |
| --- | --- |

(e)

if a sharps bin is not in the immediate vicinity of where a needle is used, the worker should carry a disposable tray, which in turn will be disposed of in a clinical waste bin to prevent contamination in the event of blood staining;

| (f) | written instructions shall be provided at the workplace and, if appropriate, notices displayed communicating the procedures to be followed in the case of accident or incident involving needles and other medical sharps; |
| --- | --- |

(f)

written instructions shall be provided at the workplace and, if appropriate, notices displayed communicating the procedures to be followed in the case of accident or incident involving needles and other medical sharps;

| (g) | effective response and follow-up to accidents or incidents including rapid post-exposure prophylaxis shall be carried out; |
| --- | --- |

(g)

effective response and follow-up to accidents or incidents including rapid post-exposure prophylaxis shall be carried out;

| (h) | all workers who may come into contact with needles and other medical sharps shall be offered vaccination against hepatitis B; |
| --- | --- |

(h)

all workers who may come into contact with needles and other medical sharps shall be offered vaccination against hepatitis B;

| (i) | injuries from needles or medical sharps shall be recorded in a special register; and |
| --- | --- |

(i)

injuries from needles or medical sharps shall be recorded in a special register; and

| (j) | by [four years after this resolution's recommended changes to Directive 2000/54/EC come into force], the Commission shall ascertain whether devices with safety features within the meaning of paragraph 2a(b) have been introduced successfully and shall evaluate the extent to which introduction of such devices in areas with high risk of infection have reduced the number of wounds and infections and whether further areas should be included in the field of application of this Article. The evaluation will also assess which devices are most effective and acceptable for employees. |
| --- | --- |

(j)

by [four years after this resolution's recommended changes to Directive 2000/54/EC come into force], the Commission shall ascertain whether devices with safety features within the meaning of paragraph 2a(b) have been introduced successfully and shall evaluate the extent to which introduction of such devices in areas with high risk of infection have reduced the number of wounds and infections and whether further areas should be included in the field of application of this Article. The evaluation will also assess which devices are most effective and acceptable for employees.

Article 22, paragraph 1a (new)

The provisions referred to in paragraphs 1(ca) and 2a of Article 15 shall enter into force two years after their publication in the Official Journal of the European Union;’

---

(1)  See COM(2002)0118.

1

(2)

2

| a) | EPINet Data. Dee May RGN, DMS. Period of Study: July 2000 to June 2001. |
| --- | --- |

a)

EPINet Data. Dee May RGN, DMS. Period of Study: July 2000 to June 2001.

| b) | Surveillance of Occupational Exposures in Italy: the SIROH program, Gabriella De Carli, Vincent Puro, Vincenzo Puro, Giuseppe Ippolito, and the SIROH group, SIROH, 6 — 2002. |
| --- | --- |

b)

Surveillance of Occupational Exposures in Italy: the SIROH program, Gabriella De Carli, Vincent Puro, Vincenzo Puro, Giuseppe Ippolito, and the SIROH group, SIROH, 6 — 2002.

| c) | EPINet Spain, 1996 — 2000. Hermandez — Navarette MJ, Arribas — Llorent JL, Campins Marti M, Garcia de Codes Ilario. |
| --- | --- |

c)

EPINet Spain, 1996 — 2000. Hermandez — Navarette MJ, Arribas — Llorent JL, Campins Marti M, Garcia de Codes Ilario.

| d) | Risk of Hepatitis C Virus Transmission following Percutaneous Exposure in Healthcare Workers, 2003 — G De Carli, V Puro, G Ippolito, and the Studio Italiano Rischio Occupazionale da HIV (SIROH) Group. |
| --- | --- |

d)

Risk of Hepatitis C Virus Transmission following Percutaneous Exposure in Healthcare Workers, 2003 — G De Carli, V Puro, G Ippolito, and the Studio Italiano Rischio Occupazionale da HIV (SIROH) Group.

(3)

3

| a) | (University of Wuppertal) Hofmann F, Kralj N, Beie M. Needle stick injuries in healthcare — frequency, causes and preventive strategies. Gesundheitswesen. 2002 May; 64(5): 259-66. |
| --- | --- |

a)

(University of Wuppertal) Hofmann F, Kralj N, Beie M. Needle stick injuries in healthcare — frequency, causes and preventive strategies. Gesundheitswesen. 2002 May; 64(5): 259-66.

| b) | Schroebler S., Infektionsrisiko durch Nadelstichverletzungen für Beschäftigte im Gesundheitsdienst, in Dokumentationsband über die 40. Jahrestagung der Gesellschaft für Arbeitsmedizin und Umweltmedizin e.V., Rindt-Druck, Fulda 2000; fortgeführt und ergänzt, persönliche Mitteilung. |
| --- | --- |

b)

Schroebler S., Infektionsrisiko durch Nadelstichverletzungen für Beschäftigte im Gesundheitsdienst, in Dokumentationsband über die 40. Jahrestagung der Gesellschaft für Arbeitsmedizin und Umweltmedizin e.V., Rindt-Druck, Fulda 2000; fortgeführt und ergänzt, persönliche Mitteilung.

(4)

4

| a) | Advances in Exposure Prevention; vol. 3, no. 4; Libourne study GERES day 09/2001. |
| --- | --- |

a)

Advances in Exposure Prevention; vol. 3, no. 4; Libourne study GERES day 09/2001.

| b) | Mendelson MH, Chen LBY, Finkelstein LE, Bailey E, Kogan G. Evaluation of a Safety IV Catheter Using the Centers for Disease Control and Prevention (CDC) National Surveillance System for Hospital Healthcare Workers Database. In 4th Decennial International Conference on Nosicomial and Healthcare-Associated Infections 2000 (March 5-9). Atlanta, Georgia. |
| --- | --- |

b)

Mendelson MH, Chen LBY, Finkelstein LE, Bailey E, Kogan G. Evaluation of a Safety IV Catheter Using the Centers for Disease Control and Prevention (CDC) National Surveillance System for Hospital Healthcare Workers Database. In 4th Decennial International Conference on Nosicomial and Healthcare-Associated Infections 2000 (March 5-9). Atlanta, Georgia.

| c) | Four-year surveillance from the Northern France network' American Journal of Infection Control. 2003 Oct;31(6):357-63. Tarantola A, Golliot F, Astagneau P, Fleury L, Brucker G, Bouvet E; CCLIN Paris-Nord Blood and Body Fluids (BBF) Exposure Surveillance Taskforce. |
| --- | --- |

c)

Four-year surveillance from the Northern France network' American Journal of Infection Control. 2003 Oct;31(6):357-63. Tarantola A, Golliot F, Astagneau P, Fleury L, Brucker G, Bouvet E; CCLIN Paris-Nord Blood and Body Fluids (BBF) Exposure Surveillance Taskforce.

| d) | Louis N, Vela G, Groupe Projet. Évaluation de l'efficacité d'une mesure de prevention des accidents d'exposition au sang au cours du prèlévement de sang veineux. Bulletin Épidémiologique Hebdomadaire 2002; 51 : 260-261. |
| --- | --- |

d)

Louis N, Vela G, Groupe Projet. Évaluation de l'efficacité d'une mesure de prevention des accidents d'exposition au sang au cours du prèlévement de sang veineux. Bulletin Épidémiologique Hebdomadaire 2002; 51 : 260-261.

| e) | Younger B, Hunt EH, Robinson C, McLemore C. Impact of a Shielded Safety Syringe on Needlestick Injuries Among Healthcare Workers. Infection Control and Hospital Epidemiology 1992; 13: 349-353. |
| --- | --- |

e)

Younger B, Hunt EH, Robinson C, McLemore C. Impact of a Shielded Safety Syringe on Needlestick Injuries Among Healthcare Workers. Infection Control and Hospital Epidemiology 1992; 13: 349-353.

| f) | Abiteboul D, Lolom I, Lamontagne F, Tarantola A, Deschamps JM, Bouve Et, and the GERES group. GERES (Groupe d'étude sur le risque d'exposition des soignants aux agents infectieux). AES: Peut on se protéger ? Enquête multicentrique sur les AES des infimier(e)s de Médecine et réanimation. GERES Day, Hospital Bichat June 2002 Paris. |
| --- | --- |

f)

Abiteboul D, Lolom I, Lamontagne F, Tarantola A, Deschamps JM, Bouve Et, and the GERES group. GERES (Groupe d'étude sur le risque d'exposition des soignants aux agents infectieux). AES: Peut on se protéger ? Enquête multicentrique sur les AES des infimier(e)s de Médecine et réanimation. GERES Day, Hospital Bichat June 2002 Paris.

(5)  E.g. The TRBA 250 (Technical Requirements for Biological Agents) was published in Germany in October 2003, detailing specific recommendations to prevent medical sharps injuries, including the use of medical technology that incorporates needle protection. One of the aims of the TRBA 250 is to reduce infections from needlestick injuries. Therefore apart from the introduction of safer systems, it recommends alternative procedures for safer handling of cannula. The professional association rules for safety and health at work (BGR/TRBA 250) provide help for enterprises. If they keep to the techniques described here they can assume that they have complied with the requirements of the biological substances regulation (presumed effect, conformity effect). As the requirements are worded as technical rules, however, using terms such as ‘should’, rather than defining mandatory requirements, they have had little practical impact.

5

(6)

6

| a) | A. Wittmann, F. Hofmann, B. Neukirch, Ch. Thürmer, N. Kralj, S. Schroebler, K. Gasthaus; ‘Blood-borne viral infections: causes, risks and prevention strategies’, Bergische Universität Wuppertal, May 2005. |
| --- | --- |

a)

A. Wittmann, F. Hofmann, B. Neukirch, Ch. Thürmer, N. Kralj, S. Schroebler, K. Gasthaus; ‘Blood-borne viral infections: causes, risks and prevention strategies’, Bergische Universität Wuppertal, May 2005.

| b) | US General Accounting Office, Impact assessment regarding Needlestick Safety and Prevention Act; Nov 17, 2000. |
| --- | --- |

b)

US General Accounting Office, Impact assessment regarding Needlestick Safety and Prevention Act; Nov 17, 2000.

| c) | Evaluation of the Efficacy of a Measure to Prevent Accidental Needlestick Injuries by Using Safety Needles for Venous Blood.Louis Nicole (1), Vela Gilles (2) and the Project Group Cellule d'Hygiène [Hygiene Unit], Centre Hospitalier 06401 — Cannes cedex Département d'Ergonomie [Department of Ergonomics], Centre Hospitalier Cannes. |
| --- | --- |

c)

Evaluation of the Efficacy of a Measure to Prevent Accidental Needlestick Injuries by Using Safety Needles for Venous Blood.Louis Nicole (1), Vela Gilles (2) and the Project Group Cellule d'Hygiène [Hygiene Unit], Centre Hospitalier 06401 — Cannes cedex Département d'Ergonomie [Department of Ergonomics], Centre Hospitalier Cannes.

| d) | 2004 Center for Disease Control Sharps Safety Workbook, USA — Cost of Needlestick Injuries. |
| --- | --- |

d)

2004 Center for Disease Control Sharps Safety Workbook, USA — Cost of Needlestick Injuries.

P6_TA(2006)0306

European Neighbourhood and Partnership Instrument ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (COM(2004)0628 — C6-0129/2004 — 2004/0219(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0628) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0628) (1),

| — | having regard to Article 251(2) and Articles 179 and 181a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0129/2004), |
| --- | --- |

—

having regard to Article 251(2) and Articles 179 and 181a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0129/2004),

| — | having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters, |
| --- | --- |

—

having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Regional Development, the Committee on Development, the Committee on International Trade, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs (A6-0164/2006), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Regional Development, the Committee on Development, the Committee on International Trade, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs (A6-0164/2006),

| 1. | Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework; |
| --- | --- |

1.

Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework;

| 2. | Calls on the Commission, once the next financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme; |
| --- | --- |

2.

Calls on the Commission, once the next financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

| 3. | Approves the Commission proposal as amended; |
| --- | --- |

3.

Approves the Commission proposal as amended;

| 4. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

4.

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

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

P6_TC1-COD(2004)0219

Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 179 and 181a thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

| (1) | A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective. This Regulation constitutes one of the general instruments providing direct support for the European Union's external policies. |
| --- | --- |

(1)

A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective. This Regulation constitutes one of the general instruments providing direct support for the European Union's external policies.

| (2) | The Copenhagen European Council of 12 and 13 December 2002 confirmed that enlargement of the European Union presents an important opportunity to take forward relations with neighbouring countries based on shared political and economic values, and that the European Union remains determined to avoid new dividing lines in Europe and to promote stability and prosperity within and beyond the new borders of the European Union. |
| --- | --- |

(2)

The Copenhagen European Council of 12 and 13 December 2002 confirmed that enlargement of the European Union presents an important opportunity to take forward relations with neighbouring countries based on shared political and economic values, and that the European Union remains determined to avoid new dividing lines in Europe and to promote stability and prosperity within and beyond the new borders of the European Union.

| (3) | The Brussels European Council of 17 and 18 June 2004 reiterated the importance it attached to strengthening cooperation with those neighbours, on the basis of partnership and joint ownership and building on shared values of democracy and respect for human rights. |
| --- | --- |

(3)

The Brussels European Council of 17 and 18 June 2004 reiterated the importance it attached to strengthening cooperation with those neighbours, on the basis of partnership and joint ownership and building on shared values of democracy and respect for human rights.

| (4) | The privileged relationship between the European Union and its neighbours should build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, open, rule-based and fair trade, sustainable development and poverty reduction. |
| --- | --- |

(4)

The privileged relationship between the European Union and its neighbours should build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, open, rule-based and fair trade, sustainable development and poverty reduction.

| (5) | It is important that Community assistance under this Regulation be provided in compliance with the international agreements and international conventions to which the Community, the Member States and the partner countries are parties and that it be delivered taking into account the general principles of international law commonly accepted by the parties. |
| --- | --- |

(5)

It is important that Community assistance under this Regulation be provided in compliance with the international agreements and international conventions to which the Community, the Member States and the partner countries are parties and that it be delivered taking into account the general principles of international law commonly accepted by the parties.

| (6) | In Eastern Europe and the Southern Caucasus, the Partnership and Cooperation Agreements provide the basis for contractual relations. In the Mediterranean, the Euro-Mediterranean Partnership (the ‘Barcelona Process’) provides a regional framework for cooperation which is complemented by a network of Association Agreements. |
| --- | --- |

(6)

In Eastern Europe and the Southern Caucasus, the Partnership and Cooperation Agreements provide the basis for contractual relations. In the Mediterranean, the Euro-Mediterranean Partnership (the ‘Barcelona Process’) provides a regional framework for cooperation which is complemented by a network of Association Agreements.

| (7) | Under the European Neighbourhood Policy, a set of priorities are defined together by the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable social and economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, the development of civil society and people-to-people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements. |
| --- | --- |

(7)

Under the European Neighbourhood Policy, a set of priorities are defined together by the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable social and economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, the development of civil society and people-to-people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements.

| (8) | In order to support the partner countries' commitment to common values and principles and their efforts in the implementation of the action plans, the Community should be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic integration and political cooperation. |
| --- | --- |

(8)

In order to support the partner countries' commitment to common values and principles and their efforts in the implementation of the action plans, the Community should be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic integration and political cooperation.

| (9) | Promotion of political, economic and social reforms across the neighbourhood is an important objective of Community assistance. In the Mediterranean this objective will be further pursued within the Mediterranean strand of the Strategic Partnership with the Mediterranean and the Middle East. The relevant elements of the European Union strategy for Africa will be taken into account in the relations with the Mediterranean neighbours from North Africa. |
| --- | --- |

(9)

Promotion of political, economic and social reforms across the neighbourhood is an important objective of Community assistance. In the Mediterranean this objective will be further pursued within the Mediterranean strand of the Strategic Partnership with the Mediterranean and the Middle East. The relevant elements of the European Union strategy for Africa will be taken into account in the relations with the Mediterranean neighbours from North Africa.

| (10) | It is important that support to be provided to neighbouring developing countries within the framework established by the European Neighbourhood Policy should be coherent with the objectives and principles of the European Community Development Policy, as outlined in the Joint Statement entitled ‘The European Consensus on Development’ (2) adopted on 20 December 2005 by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission. |
| --- | --- |

(10)

It is important that support to be provided to neighbouring developing countries within the framework established by the European Neighbourhood Policy should be coherent with the objectives and principles of the European Community Development Policy, as outlined in the Joint Statement entitled ‘The European Consensus on Development’ (2) adopted on 20 December 2005 by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission.

| (11) | The European Union and Russia have decided to develop their specific strategic partnership through the creation of four common spaces, and Community assistance will be used to support the development of this partnership and to promote cross-border cooperation at the border between Russia and its European Union neighbours. |
| --- | --- |

(11)

The European Union and Russia have decided to develop their specific strategic partnership through the creation of four common spaces, and Community assistance will be used to support the development of this partnership and to promote cross-border cooperation at the border between Russia and its European Union neighbours.

| (12) | The Northern Dimension provides a framework for cooperation between the European Union, Russia, Norway and Iceland and it is important that Community assistance be also used to support activities contributing to the implementation of such framework. The new objectives of this policy will be set out in a political declaration and a policy framework document to be prepared on the basis of the guidelines approved by the Northern Dimension Ministerial meeting of 21 November 2005. |
| --- | --- |

(12)

The Northern Dimension provides a framework for cooperation between the European Union, Russia, Norway and Iceland and it is important that Community assistance be also used to support activities contributing to the implementation of such framework. The new objectives of this policy will be set out in a political declaration and a policy framework document to be prepared on the basis of the guidelines approved by the Northern Dimension Ministerial meeting of 21 November 2005.

| (13) | For Mediterranean partners, assistance and cooperation should take place within the framework of the Euro-Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995 and affirmed at the 10th Anniversary Euro-Mediterranean Summit of 28 November 2005, and should take into account the agreement reached in that context on establishing a free-trade area for goods by 2010 and beginning a process of asymmetric liberalisation. |
| --- | --- |

(13)

For Mediterranean partners, assistance and cooperation should take place within the framework of the Euro-Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995 and affirmed at the 10th Anniversary Euro-Mediterranean Summit of 28 November 2005, and should take into account the agreement reached in that context on establishing a free-trade area for goods by 2010 and beginning a process of asymmetric liberalisation.

| (14) | It is important to foster cooperation both at the European Union external border and among partner countries, especially those among them that are geographically close to each other. |
| --- | --- |

(14)

It is important to foster cooperation both at the European Union external border and among partner countries, especially those among them that are geographically close to each other.

| (15) | In order to avoid the creation of new dividing lines, it is particularly important to remove obstacles to effective cross-border cooperation along the external borders of the European Union. Cross-border cooperation should contribute to integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the Community and with neighbouring countries. This aim can best be achieved by combining external policy objectives with environmentally sustainable economic and social cohesion. |
| --- | --- |

(15)

In order to avoid the creation of new dividing lines, it is particularly important to remove obstacles to effective cross-border cooperation along the external borders of the European Union. Cross-border cooperation should contribute to integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the Community and with neighbouring countries. This aim can best be achieved by combining external policy objectives with environmentally sustainable economic and social cohesion.

| (16) | In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management. |
| --- | --- |

(16)

In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management.

| (17) | This Instrument should also support cross-border cooperation between partner countries and the Member States bringing substantial efficiency gains operating through a single management mechanism and with a single set of procedures. It should build on the experience acquired from the implementation of the Neighbourhood Programmes in the period 2004-2006 and operate on the basis of principles such as multi-annual programming, partnership and cofinancing. |
| --- | --- |

(17)

This Instrument should also support cross-border cooperation between partner countries and the Member States bringing substantial efficiency gains operating through a single management mechanism and with a single set of procedures. It should build on the experience acquired from the implementation of the Neighbourhood Programmes in the period 2004-2006 and operate on the basis of principles such as multi-annual programming, partnership and cofinancing.

| (18) | It is important that border regions which belong to countries of the European Economic Area (EEA) and which are currently taking part in cross-border cooperation involving Member States and partner countries may continue to do so on the basis of their own resources. |
| --- | --- |

(18)

It is important that border regions which belong to countries of the European Economic Area (EEA) and which are currently taking part in cross-border cooperation involving Member States and partner countries may continue to do so on the basis of their own resources.

| (19) | This Regulation establishes for the period 2007-2013 a financial envelope which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3). |
| --- | --- |

(19)

This Regulation establishes for the period 2007-2013 a financial envelope which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3).

| (20) | 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 (4). |
| --- | --- |

(20)

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 (4).

| (21) | The use of the management procedure should be applicable when defining the implementing rules which will govern the implementation of cross-border cooperation and when adopting strategy papers, action programmes and special measures not provided for in strategy papers whose value exceeds the threshold of 10 000 000Euro. |
| --- | --- |

(21)

The use of the management procedure should be applicable when defining the implementing rules which will govern the implementation of cross-border cooperation and when adopting strategy papers, action programmes and special measures not provided for in strategy papers whose value exceeds the threshold of 10 000 000Euro.

| (22) | Since the objectives of this Regulation, namely to promote enhanced cooperation and progressive economic integration between the European Union and neighbouring countries, cannot be sufficiently achieved by the Member States and can, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(22)

Since the objectives of this Regulation, namely to promote enhanced cooperation and progressive economic integration between the European Union and neighbouring countries, cannot be sufficiently achieved by the Member States and can, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (23) | This Regulation makes it necessary to repeal Council Regulations (EEC) No 1762/92 of 29 June 1992 on the implementation of the Protocols on financial and technical cooperation concluded by the Community with Mediterranean non-member countries (5), (EC) No 1734/94 of 11 July 1994 on financial and technical cooperation with the West Bank and the Gaza Strip (6) and (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (7). Equally, this Regulation will replace Council Regulation(EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia (8), which expires on 31 December 2006, |
| --- | --- |

(23)

This Regulation makes it necessary to repeal Council Regulations (EEC) No 1762/92 of 29 June 1992 on the implementation of the Protocols on financial and technical cooperation concluded by the Community with Mediterranean non-member countries (5), (EC) No 1734/94 of 11 July 1994 on financial and technical cooperation with the West Bank and the Gaza Strip (6) and (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (7). Equally, this Regulation will replace Council Regulation(EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia (8), which expires on 31 December 2006,

HAVE ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES AND PRINCIPLES

Article 1

Subject matter and scope

1.   This Regulation establishes a Neighbourhood and Partnership Instrument to provide Community assistance for the development of an area of prosperity and good neighbourliness involving the European Union, and the countries and territories listed in the Annex (hereinafter ‘partner countries’).

2.   Community assistance shall be used for the benefit of partner countries. Community assistance may be used for the common benefit of Member States and partner countries and their regions, for the purpose of promoting cross-border and trans-regional cooperation as defined in Article 6.

3.   The European Union is founded on the values of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and seeks to promote commitment to these values in partner countries through dialogue and cooperation.

Article 2

Scope of Community assistance

1.   Community assistance shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements. It shall also encourage partner countries' efforts aimed at promoting good governance and equitable social and economic development.

2.   Community assistance shall be used to support measures within the following areas of cooperation:

| a) | promoting political dialogue and reform; |
| --- | --- |

a)

promoting political dialogue and reform;

| b) | promoting legislative and regulatory approximation towards higher standards in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade; |
| --- | --- |

b)

promoting legislative and regulatory approximation towards higher standards in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade;

| c) | strengthening national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreements, and other multilateral agreements to which the Community and/or its Member States and partner countries are parties, whose purpose is the achievement of objectives as defined in this Article; |
| --- | --- |

c)

strengthening national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreements, and other multilateral agreements to which the Community and/or its Member States and partner countries are parties, whose purpose is the achievement of objectives as defined in this Article;

| d) | promoting the rule of law and good governance, including strengthening the effectiveness of public administration and the impartiality and effectiveness of the judiciary, and supporting the fight against corruption and fraud; |
| --- | --- |

d)

promoting the rule of law and good governance, including strengthening the effectiveness of public administration and the impartiality and effectiveness of the judiciary, and supporting the fight against corruption and fraud;

| e) | promoting sustainable development in all aspects; |
| --- | --- |

e)

promoting sustainable development in all aspects;

| f) | pursuing regional and local development efforts, in both rural and urban areas, in order to reduce imbalances and improve regional and local development capacity; |
| --- | --- |

f)

pursuing regional and local development efforts, in both rural and urban areas, in order to reduce imbalances and improve regional and local development capacity;

| g) | promoting environmental protection, nature conservation and sustainable management of natural resources including fresh water and marine resources; |
| --- | --- |

g)

promoting environmental protection, nature conservation and sustainable management of natural resources including fresh water and marine resources;

| h) | supporting policies aimed at poverty reduction, to help achieve the UN Millennium Development Goals; |
| --- | --- |

h)

supporting policies aimed at poverty reduction, to help achieve the UN Millennium Development Goals;

| i) | supporting policies to promote social development, social inclusion, gender equality, non-discrimination, employment and social protection including protection of migrant workers, social dialogues, and respect for trade union rights and core labour standards, including on child labour; |
| --- | --- |

i)

supporting policies to promote social development, social inclusion, gender equality, non-discrimination, employment and social protection including protection of migrant workers, social dialogues, and respect for trade union rights and core labour standards, including on child labour;

| j) | supporting policies to promote health, education and training, including not only measures to combat the major communicable diseases and non-communicable diseases and disorders, but also access to services and education for good health, including reproductive and infant health for girls and women; |
| --- | --- |

j)

supporting policies to promote health, education and training, including not only measures to combat the major communicable diseases and non-communicable diseases and disorders, but also access to services and education for good health, including reproductive and infant health for girls and women;

| k) | promoting and protecting human rights and fundamental freedoms, including women's rights and children's rights; |
| --- | --- |

k)

promoting and protecting human rights and fundamental freedoms, including women's rights and children's rights;

| l) | supporting democratisation, inter alia by enhancing the role of civil society organisations and promoting media pluralism, as well as through electoral observation and assistance; |
| --- | --- |

l)

supporting democratisation, inter alia by enhancing the role of civil society organisations and promoting media pluralism, as well as through electoral observation and assistance;

| m) | fostering the development of civil society and of non-governmental organisations; |
| --- | --- |

m)

fostering the development of civil society and of non-governmental organisations;

| n) | promoting the development of a market economy, including measures to support the private sector and the development of small and medium-sized enterprises, to encourage investment and to promote global trade; |
| --- | --- |

n)

promoting the development of a market economy, including measures to support the private sector and the development of small and medium-sized enterprises, to encourage investment and to promote global trade;

| o) | promoting cooperation in the sectors of energy, telecommunication and transport, including on interconnections, networks and their operations, enhancing the security and safety of international transport and energy operations and promoting renewable energy sources, energy efficiency and clean transport; |
| --- | --- |

o)

promoting cooperation in the sectors of energy, telecommunication and transport, including on interconnections, networks and their operations, enhancing the security and safety of international transport and energy operations and promoting renewable energy sources, energy efficiency and clean transport;

| p) | providing support for actions aimed at increasing food safety for citizens, in particular in the sanitary and phytosanitary domains; |
| --- | --- |

p)

providing support for actions aimed at increasing food safety for citizens, in particular in the sanitary and phytosanitary domains;

| q) | ensuring efficient and secure border management; |
| --- | --- |

q)

ensuring efficient and secure border management;

| r) | supporting reform and strengthening capacity in the field of justice and home affairs, including issues such as asylum, migration and readmission, and the fight against, and prevention of trafficking in human beings as well as terrorism and organised crime, including its financing, money laundering and tax fraud; |
| --- | --- |

r)

supporting reform and strengthening capacity in the field of justice and home affairs, including issues such as asylum, migration and readmission, and the fight against, and prevention of trafficking in human beings as well as terrorism and organised crime, including its financing, money laundering and tax fraud;

| s) | supporting administrative cooperation to improve transparency and the exchange of information in the area of taxation in order to combat tax avoidance and evasion; |
| --- | --- |

s)

supporting administrative cooperation to improve transparency and the exchange of information in the area of taxation in order to combat tax avoidance and evasion;

| t) | promoting participation in Community research and innovation activities; |
| --- | --- |

t)

promoting participation in Community research and innovation activities;

| u) | promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students; |
| --- | --- |

u)

promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students;

| v) | promoting multicultural dialogue, people-to-people contacts, including links with communities of immigrants living in Member States, cooperation between civil societies, cultural institutions and exchanges of young people; |
| --- | --- |

v)

promoting multicultural dialogue, people-to-people contacts, including links with communities of immigrants living in Member States, cooperation between civil societies, cultural institutions and exchanges of young people;

| w) | supporting cooperation aimed at protecting historical and cultural heritage and promoting its development potential, including through tourism; |
| --- | --- |

w)

supporting cooperation aimed at protecting historical and cultural heritage and promoting its development potential, including through tourism;

| x) | supporting participation of partner countries in Community programmes and agencies; |
| --- | --- |

x)

supporting participation of partner countries in Community programmes and agencies;

| y) | supporting cross-border cooperation through joint local initiatives to promote sustainable economic, social and environmental development in border regions and integrated territorial development across the Community's external border; |
| --- | --- |

y)

supporting cross-border cooperation through joint local initiatives to promote sustainable economic, social and environmental development in border regions and integrated territorial development across the Community's external border;

| z) | promoting regional and sub-regional cooperation and integration, including, where appropriate, with countries not eligible for Community assistance under this Regulation; |
| --- | --- |

z)

promoting regional and sub-regional cooperation and integration, including, where appropriate, with countries not eligible for Community assistance under this Regulation;

| aa) | providing support in post-crisis situations, including support to refugees and displaced persons, and assisting in disaster preparedness; |
| --- | --- |

aa)

providing support in post-crisis situations, including support to refugees and displaced persons, and assisting in disaster preparedness;

| bb) | encouraging communication and promoting exchange among the partners on the measures and activities financed under the programmes; |
| --- | --- |

bb)

encouraging communication and promoting exchange among the partners on the measures and activities financed under the programmes;

| cc) | addressing common thematic challenges in fields of mutual concern and any other objectives consistent with the scope of this Regulation. |
| --- | --- |

cc)

addressing common thematic challenges in fields of mutual concern and any other objectives consistent with the scope of this Regulation.

Article 3

Policy framework

1.   The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of Community assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting Community assistance priorities.

2.   Where no agreements, as mentioned in paragraph 1, between the European Union and partner countries exist, Community assistance may be provided when it proves useful to pursue European Union policy objectives, and shall be programmed on the basis of such objectives.

Article 4

Complementarity, partnership and cofinancing

1.   Community assistance under this Regulation shall normally complement or contribute to corresponding national, regional or local strategies and measures.

2.   Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.

3.   The beneficiary countries shall involve, as appropriate, the relevant partners at the appropriate territorial level, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.

4.   Community assistance under this Regulation shall normally be co-financed by the beneficiary countries through public funds, contributions from the beneficiaries or other sources. Co-financing requirements may be waived in duly justified cases and when this is necessary to support the development of civil society and non-state actors for measures aimed at promoting human rights and fundamental freedoms and supporting democratisation.

Article 5

Coherence, compatibility and coordination

1.   Programmes and projects financed under this Regulation shall be consistent with European Union policies. They shall comply with the agreements concluded by the Community and its Member States with the partner countries and respect commitments under multilateral agreements and international conventions to which they are parties, including commitments on human rights, democracy and good governance.

2.   The Commission and the Member States shall ensure coherence between Community assistance provided under this Regulation and financial assistance provided by the Community and the Member States through other internal and external financial instruments and by the European Investment Bank (EIB).

3.   The Commission and the Member States shall ensure coordination of their respective assistance programmes with the aim of increasing effectiveness and efficiency in the delivery of assistance in line with the established guidelines for strengthening operational coordination in the field of external assistance, and for the harmonisation of policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the assistance cycle, in particular at field level, and shall constitute a key step in the programming processes of the Member States and the Community.

4.   The Commission shall, in liaison with the Member States, take the necessary steps to ensure proper coordination and cooperation with multilateral and regional organisations and entities, such as international financial institutions, United Nations agencies, funds and programmes, and non-European Union donors.

TITLE II

PROGRAMMING AND ALLOCATION OF FUNDS

Article 6

Type of programmes

1.   Community assistance under this Regulation shall be implemented through:

| a) | country, multi-country and cross-border strategy papers and multi-annual indicative programmes referred to in Article 7, covering:






  i) | country or multi-country programmes, which deal with assistance to one partner country or address regional and sub-regional cooperation between two or more partner countries, in which Member States may participate; |
| --- | --- | --- |

a)

country, multi-country and cross-border strategy papers and multi-annual indicative programmes referred to in Article 7, covering:

i)

country or multi-country programmes, which deal with assistance to one partner country or address regional and sub-regional cooperation between two or more partner countries, in which Member States may participate;

| ii) | cross-border cooperation programmes, which deal with cooperation between one or more Member States and one or more partner countries, taking place in regions adjacent to their shared part of the external border of the Community; |
| --- | --- |

ii)

cross-border cooperation programmes, which deal with cooperation between one or more Member States and one or more partner countries, taking place in regions adjacent to their shared part of the external border of the Community;

| b) | joint operational programmes for cross-border cooperation referred to in Article 9, annual action programmes referred to in Article 12 and special measures referred to in Article 13. |
| --- | --- |

b)

joint operational programmes for cross-border cooperation referred to in Article 9, annual action programmes referred to in Article 12 and special measures referred to in Article 13.

2.   Multi-country programmes may include trans-regional cooperation measures. For the purposes of this Regulation, trans-regional cooperation shall mean cooperation between Member States and partner countries, addressing common challenges, intended for their common benefit, and taking place anywhere in the territory of the Member States and of partner countries.

Article 7

Programming and allocation of funds

1.   For country or multi-country programmes, strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3 and be consistent with the principles and modalities laid down in Articles 4 and 5. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multi-annual indicative programmes including indicative multi-annual financial allocations and priority objectives for each country or region consistent with those listed in Article 2(2). They shall be reviewed at mid-term or whenever necessary and may be revised in accordance with the procedure referred to in Article 26(2).

2.   In establishing country or multi-country programmes, the Commission shall determine the allocations for each programme, using transparent and objective criteria and taking into account the specific characteristics and needs of the country or the region concerned, the level of ambition of the European Union's partnership with a given country, progress towards implementing agreed objectives, including on governance and on reform, and the capacity of managing and absorbing Community assistance.

3.   For the sole purpose of cross-border cooperation, in order to establish the list of joint operational programmes referred to in Article 9(1), the indicative multi-annual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such strategy papers shall be drawn up taking into account the principles and modalities laid down in Articles 4 and 5 and shall, in principle, cover a period of up to seven years from 1 January 2007 to 31 December 2013.

4.   The Commission shall determine the allocation of funds to the cross-border cooperation programmes, taking into account objective criteria, such as the population of the eligible areas and other factors affecting the intensity of cooperation, including the specific characteristics of the border areas and the capacity for managing and absorbing Community assistance.

5.   The European Regional Development Fund (ERDF) shall contribute to cross-border cooperation programmes established and implemented under the provisions of this Regulation. The amount of the contribution from the ERDF for borders with partner countries is set out in the relevant provisions of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (9).

6.   In the event of crises or threats to democracy, the rule of law, human rights and fundamental freedoms, or of natural or man-made disasters, an emergency procedure may be used to conduct an ad hoc review of strategy papers. This review shall ensure coherence between Community assistance provided under this Regulation and assistance provided under other Community financial instruments, including Regulation (EC) No .../2006 of the European Parliament and of the Council of ... establishing an Instrument for Stability (10)
   (11).

TITLE III

CROSS-BORDER COOPERATION

Article 8

Geographical eligibility

1.   The cross-border cooperation programmes referred to in Article 6(1)(a)(ii) may cover all of the following border regions:

| a) | all territorial units corresponding to NUTS level 3 or equivalent along the land borders between Member States and partner countries; |
| --- | --- |

a)

all territorial units corresponding to NUTS level 3 or equivalent along the land borders between Member States and partner countries;

| b) | all territorial units corresponding to NUTS level 3 or equivalent along sea crossings of significant importance; |
| --- | --- |

b)

all territorial units corresponding to NUTS level 3 or equivalent along sea crossings of significant importance;

| c) | all coastal territorial units corresponding to NUTS level 2 or equivalent facing a sea basin common to Member States and partner countries. |
| --- | --- |

c)

all coastal territorial units corresponding to NUTS level 2 or equivalent facing a sea basin common to Member States and partner countries.

2.   In order to ensure the continuation of existing cooperation and in other justified cases, territorial units adjoining those referred to in paragraph 1 may be allowed to participate in cross-border cooperation programmes under the conditions laid down in the strategy papers referred to in Article 7(3).

3.   When programmes are established pursuant to paragraph (1)(b), the Commission may, in agreement with the partners, propose that participation in cooperation be extended to the whole NUTS level 2 territorial unit in whose area the NUTS level 3 territorial unit is located.

4.   The list of sea crossings of significant importance shall be defined by the Commission in the strategy papers referred to in Article 7(3) on the basis of distance and other relevant geographical and economic criteria.

Article 9

Programming

1.   Cross-border cooperation under this Regulation shall be carried out in the framework of multi-annual programmes covering cooperation for a border or a group of borders and comprising multi-annual measures which pursue a consistent set of priorities and which may be implemented with the support of Community assistance (hereinafter ‘joint operational programmes’). The joint operational programmes shall be based on the strategy papers referred to in Article 7(3).

2.   Joint operational programmes for land borders and sea crossings of significant importance shall be established for each border at the appropriate territorial level and include eligible territorial units belonging to one or more Member States and one or more partner countries.

3.   Joint operational programmes for sea basins shall be multilateral and include eligible territorial units facing a common sea basin belonging to several participating countries, including at least one Member State and one partner country, taking into account the institutional systems and the principle of partnership. They may include bilateral activities supporting cooperation between one Member State and one partner country. These programmes shall be closely coordinated with trans-national cooperation programmes having a partially overlapping geographical coverage and having been established in the European Union pursuant to Regulation (EC) No 1083/2006.

4.   Joint operational programmes shall be established by the Member States and partner countries concerned at the appropriate territorial level, in accordance with their institutional system and taking into account the principle of partnership referred to in Article 4. They shall normally cover a period of 7 years running from 1 January 2007 to 31 December 2013.

5.   Countries, other than the participating countries, which face a common sea basin where a joint operational programme is being established may be associated with that joint operational programme and benefit from Community assistance under the conditions determined in the implementing rules referred to in Article 11.

6.   Within one year of the approval of the strategy papers referred to in Article 7(3), the participating countries shall jointly submit proposals for joint operational programmes to the Commission. The Commission shall adopt each joint operational programme after assessing its consistency with this Regulation and the implementing rules.

7.   Joint operational programmes may be revised at the initiative of the participating countries, participating border regions or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.

8.   Following the adoption of the joint operational programmes, the Commission shall conclude a financing agreement with the partner countries in accordance with the relevant provisions 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 (12). The financing agreement shall include the legal provisions necessary for the implementation of the joint operational programme and should also be signed by the joint managing authority referred to in Article 10.

9.   Participating countries shall, taking into account the principle of partnership, jointly select those actions consistent with the priorities and measures of the joint operational programme that will receive Community assistance.

10.   In specific and duly justified cases, where:

| a) | a joint operational programme cannot be established owing to problems arising in relations between participating countries or between the European Union and a partner country, |
| --- | --- |

a)

a joint operational programme cannot be established owing to problems arising in relations between participating countries or between the European Union and a partner country,

| b) | by 30 June 2010, at the latest, the participating countries have not yet submitted to the Commission a joint operational programme, |
| --- | --- |

b)

by 30 June 2010, at the latest, the participating countries have not yet submitted to the Commission a joint operational programme,

| c) | the partner country does not sign the financing agreement by the end of the year following the adoption of the programme, |
| --- | --- |

c)

the partner country does not sign the financing agreement by the end of the year following the adoption of the programme,

| d) | the joint operational programme cannot be implemented owing to problems arising in relations between participating countries, |
| --- | --- |

d)

the joint operational programme cannot be implemented owing to problems arising in relations between participating countries,

the Commission, following consultations with the Member State(s) concerned, shall take the necessary steps to allow the Member State concerned to use the ERDF contribution to the programme pursuant to Regulation (EC) No 1083/2006.

Article 10

Management of programmes

1.   Joint operational programmes shall, in principle, be implemented through shared management by a joint managing authority located in a Member State. The joint managing authority may be assisted by a joint technical secretariat.

2.   The participating countries may propose to the Commission that the joint managing authority should be located in a partner country, provided that the designated body is in a position to apply in full the criteria laid down in the relevant provisions of Regulation (EC, Euratom) No 1605/2002.

3.   For the purpose of this Regulation ‘joint managing authority’ shall mean any public or private authority or body, including the state itself, at national, regional or local level, designated jointly by the Member State or States and the partner country or countries covered by a joint operational programme, having the financial and administrative capacity to manage Community assistance and having the legal capacity to conclude the agreements necessary for the purpose of this Regulation.

4.   The joint managing authority shall be responsible for managing and implementing the joint operational programme in accordance with the principle of sound technical and financial management, and for ensuring the legality and regularity of its operations. To this end, it shall put in place appropriate management, control and accounting systems and standards.

5.   The management and control system of a joint operational programme shall provide for proper separation of the management, certification and audit functions, either through a proper segregation of duties within the managing authority or through the designation of separate bodies for certification and audit.

6.   In order to allow the joint operational programmes to prepare adequately for implementation, after the adoption of the joint operational programme and before the signature of the financing agreement, the Commission may allow the joint managing authority to use part of the programme budget to start financing programme activities such as the incurring of operational costs of the managing authority, technical assistance and other preparatory actions. The detailed modalities of such a preparatory phase shall be included in the implementing rules referred to in Article 11.

Article 11

Implementing rules

1.   Implementing rules laying down specific provisions for the implementation of this Title shall be adopted in accordance with the procedure referred to in Article 26(2).

2.   Matters covered by the implementing rules shall include issues such as the rate of cofinancing, preparation of joint operational programmes, the designation and functions of the joint authorities, the role and function of the monitoring and selection committees and of the joint secretariat, eligibility of expenditure, joint project selection, the preparatory phase, technical and financial management of Community assistance, financial control and audit, monitoring and evaluation, visibility and information activities for potential beneficiaries.

TITLE IV

IMPLEMENTATION

Article 12

Adoption of action programmes

1.   Action programmes, drawn up on the basis of the strategy papers referred to in Article 7(1), shall be adopted in accordance with the procedure referred to in Article 26(2), normally on an annual basis.

Exceptionally, for instance where an action programme has not yet been adopted, the Commission may, on the basis of the strategy papers and multi-annual indicative programmes referred to in Article 7, adopt measures not provided for in an action programme under the same rules and procedures as apply to action programmes.

2.   Action programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account the lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. They shall include a definition of the type of performance indicators that shall have to be monitored when implementing the measures financed under the programmes.

3.   For cross-border cooperation, the Commission shall adopt joint programmes in accordance with the procedures referred to in Article 9.

4.   The Commission shall present action programmes and joint cross-border cooperation programmes to the European Parliament and the Member States for their information within one month of their adoption.

Article 13

Adoption of special measures not provided for in the strategy papers or multi-annual indicative programmes

1.   In the event of unforeseen and duly justified needs or circumstances, the Commission shall adopt special measures not provided for in the strategy papers or multi-annual indicative programmes (hereinafter ‘special measures’).

Special measures may also be used to fund activities to ease the transition from emergency aid to long-term development activities, including activities intended to ensure that the public is better prepared to deal with recurring crises.

2.   Where the cost of such measures exceeds 10 000 000Euro, the Commission shall adopt them in accordance with the procedure referred to in Article 26(2).

The procedure referred to in Article 26(2) need not be used for amendments to special measures such as those making technical adjustments, extending the implementation period, reallocating appropriations within the forecast budget, or increasing the size of the budget by less than 20 % of the initial budget, provided these amendments do not affect the initial objectives set out in the Commission decision.

3.   Special measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures used and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.

4.   The Commission shall send special measures the value of which does not exceed 10 000 000Euro to the European Parliament and the Member States for their information within one month of adopting its decision.

Article 14

Eligibility

1.   The following shall be eligible for funding under this Regulation for the purposes of implementing action programmes, joint cross-border cooperation programmes and special measures:

| a) | partner countries and regions and their institutions; |
| --- | --- |

a)

partner countries and regions and their institutions;

| b) | decentralised bodies in the partner countries, such as regions, departments, provinces and municipalities; |
| --- | --- |

b)

decentralised bodies in the partner countries, such as regions, departments, provinces and municipalities;

| c) | joint bodies set up by the partner countries and regions and the Community; |
| --- | --- |

c)

joint bodies set up by the partner countries and regions and the Community;

| d) | international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, in so far as they contribute to the objectives of this Regulation; |
| --- | --- |

d)

international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, in so far as they contribute to the objectives of this Regulation;

| e) | Community institutions and bodies, but only for the purposes of implementing support measures of the type referred to in Article 16; |
| --- | --- |

e)

Community institutions and bodies, but only for the purposes of implementing support measures of the type referred to in Article 16;

| f) | European Union agencies; |
| --- | --- |

f)

European Union agencies;

| g) | the following entities and bodies of the Member States, partner countries and regions and any other third country complying with the rules on access to the Community's external assistance referred to in Article 21, in so far as they contribute to the objectives of this Regulation:






  i) | public or parastatal bodies, local authorities or administrations and consortia thereof; |
| --- | --- | --- |

g)

the following entities and bodies of the Member States, partner countries and regions and any other third country complying with the rules on access to the Community's external assistance referred to in Article 21, in so far as they contribute to the objectives of this Regulation:

i)

public or parastatal bodies, local authorities or administrations and consortia thereof;

| ii) | companies, firms and other private organisations and businesses; |
| --- | --- |

ii)

companies, firms and other private organisations and businesses;

| iii) | financial institutions that grant, promote and finance private investment in partner countries and regions; |
| --- | --- |

iii)

financial institutions that grant, promote and finance private investment in partner countries and regions;

| iv) | non-state actors as defined in (h); |
| --- | --- |

iv)

non-state actors as defined in (h);

| v) | natural persons; |
| --- | --- |

v)

natural persons;

| h) | the following non-State actors:






  i) | non-governmental organisations; |
| --- | --- | --- |

h)

the following non-State actors:

i)

non-governmental organisations;

| ii) | organisations representing national and/or ethnic minorities; |
| --- | --- |

ii)

organisations representing national and/or ethnic minorities;

| iii) | local citizens' groups and traders' associations; |
| --- | --- |

iii)

local citizens' groups and traders' associations;

| iv) | cooperatives, trade unions, organisations representing economic and social interests; |
| --- | --- |

iv)

cooperatives, trade unions, organisations representing economic and social interests;

| v) | local organisations (including networks) involved in decentralised regional cooperation and integration; |
| --- | --- |

v)

local organisations (including networks) involved in decentralised regional cooperation and integration;

| vi) | consumer organisations, women's and youth organisations, teaching, cultural research and scientific organisations; |
| --- | --- |

vi)

consumer organisations, women's and youth organisations, teaching, cultural research and scientific organisations;

| vii) | universities; |
| --- | --- |

vii)

universities;

| viii) | churches and religious associations and communities; |
| --- | --- |

viii)

churches and religious associations and communities;

| ix) | the media; |
| --- | --- |

ix)

the media;

| x) | cross-border associations, non-governmental associations and independent foundations. |
| --- | --- |

x)

cross-border associations, non-governmental associations and independent foundations.

2.   When essential to achieve the objectives of this Regulation, Community assistance may be granted to bodies or actors which are not explicitly referred to in this Article.

Article 15

Types of measures

1.   Community assistance shall be used to finance programmes, projects and any type of measure contributing to the objectives of this Regulation.

2.   Community assistance may also be used:

| a) | to finance technical assistance and targeted administrative measures, including those cooperation measures involving public-sector experts dispatched from the Member States and their regional and local authorities involved in the programme; |
| --- | --- |

a)

to finance technical assistance and targeted administrative measures, including those cooperation measures involving public-sector experts dispatched from the Member States and their regional and local authorities involved in the programme;

| b) | to finance investments and investment-related activities; |
| --- | --- |

b)

to finance investments and investment-related activities;

| c) | for contributions to the EIB or other financial intermediaries, in accordance with Article 23, for loan financing, equity investments, guarantee funds or investment funds; |
| --- | --- |

c)

for contributions to the EIB or other financial intermediaries, in accordance with Article 23, for loan financing, equity investments, guarantee funds or investment funds;

| d) | for debt relief programmes in exceptional cases, under an internationally agreed debt relief programme; |
| --- | --- |

d)

for debt relief programmes in exceptional cases, under an internationally agreed debt relief programme;

| e) | for sectoral or general budget support if the partner country's management of public spending is sufficiently transparent, reliable and effective, and where it has put in place properly formulated sectoral or macroeconomic policies approved by its principal donors, including, where relevant, the international financial institutions; |
| --- | --- |

e)

for sectoral or general budget support if the partner country's management of public spending is sufficiently transparent, reliable and effective, and where it has put in place properly formulated sectoral or macroeconomic policies approved by its principal donors, including, where relevant, the international financial institutions;

| f) | to provide interest-rate subsidies, in particular for environmental loans; |
| --- | --- |

f)

to provide interest-rate subsidies, in particular for environmental loans;

| g) | to provide insurance against non-commercial risks; |
| --- | --- |

g)

to provide insurance against non-commercial risks;

| h) | to contribute to a fund established by the Community, its Member States, international and regional organisations, other donors or partner countries; |
| --- | --- |

h)

to contribute to a fund established by the Community, its Member States, international and regional organisations, other donors or partner countries;

| i) | to contribute to the capital of international financial institutions or the regional development banks; |
| --- | --- |

i)

to contribute to the capital of international financial institutions or the regional development banks;

| j) | to finance the costs necessary for the effective administration and supervision of projects and programmes by the countries benefiting from Community assistance; |
| --- | --- |

j)

to finance the costs necessary for the effective administration and supervision of projects and programmes by the countries benefiting from Community assistance;

| k) | to finance microprojects; |
| --- | --- |

k)

to finance microprojects;

| l) | for food security measures. |
| --- | --- |

l)

for food security measures.

3.   In principle, Community assistance shall not be used to finance taxes, customs duties and other fiscal charges.

Article 16

Support measures

1.   Community financing may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this Regulation and for the achievement of its objectives, e.g. studies, meetings, information, awareness-raising, publication and training activities, including training and educational measures for partners enabling them to take part in the various stages of the programme, expenditure associated with computer networks for the exchange of information and any other administrative or technical assistance expenditure that the Commission may incur for the management of the programme. It shall also cover expenditure at Commission Delegations on the administrative support needed to manage operations financed under this Regulation.

2.   These support measures are not necessarily covered by multi-annual programming and may therefore be financed outside the scope of strategy papers and multi-annual indicative programmes. However, they may also be financed under multi-annual indicative programmes. The Commission shall adopt support measures not covered by multi-annual indicative programmes in accordance with Article 13.

Article 17

Cofinancing

1.   Measures financed under this Regulation shall be eligible for cofinancing from the following, inter alia:

| a) | Member States, their regional and local authorities and their public and parastatal agencies; |
| --- | --- |

a)

Member States, their regional and local authorities and their public and parastatal agencies;

| b) | EEA countries, Switzerland and other donor countries, and in particular their public and parastatal agencies; |
| --- | --- |

b)

EEA countries, Switzerland and other donor countries, and in particular their public and parastatal agencies;

| c) | international organisations, including regional organisations, and in particular international and regional financial institutions; |
| --- | --- |

c)

international organisations, including regional organisations, and in particular international and regional financial institutions;

| d) | companies, firms, other private organisations and businesses, and other non-state actors; |
| --- | --- |

d)

companies, firms, other private organisations and businesses, and other non-state actors;

| e) | partner countries and regions in receipt of funding. |
| --- | --- |

e)

partner countries and regions in receipt of funding.

2.   In the case of parallel cofinancing, the project or programme is split into a number of clearly identifiable sub-projects which are each financed by the different partners providing cofinancing in such a way that the end-use of the financing can always be identified. In the case of joint cofinancing, the total cost of the project or programme is shared between the partners providing the cofinancing, and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.

3.   In the case of joint cofinancing, the Commission may receive and manage funds on behalf of the bodies referred to in paragraph 1(a), (b) and (c) for the purpose of implementing joint measures. Such funds shall be treated as assigned revenue, in accordance with Article 18 of Regulation (EC, Euratom) No 1605/2002.

Article 18

Management procedures

1.   The Commission shall implement operations under this Regulation in accordance with Regulation (EC, Euratom) No 1605/2002.

2.   The Commission may entrust tasks of public authority, and in particular budget implementation tasks, to the bodies indicated in Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 if they are of recognised international standing, comply with internationally recognised systems of management and control and are supervised by a public authority.

3.   The Commission may conclude framework agreements with partner countries which shall provide for all measures necessary to ensure the effective implementation of Community assistance and protection of the Community's financial interests.

4.   In the case of decentralised management, the Commission may decide to use the procurement or grant procedures of the beneficiary partner country or region, provided that:

| a) | the procedures of the beneficiary partner country or region satisfy the principles of transparency, proportionality, equal treatment and non-discrimination and prevent any conflict of interests; |
| --- | --- |

a)

the procedures of the beneficiary partner country or region satisfy the principles of transparency, proportionality, equal treatment and non-discrimination and prevent any conflict of interests;

| b) | the beneficiary partner country or region undertakes to check regularly that the operations financed by the Community budget have been properly implemented, to take appropriate measures to prevent irregularities and fraud, and, if necessary, to take legal action to recover unduly paid funds. |
| --- | --- |

b)

the beneficiary partner country or region undertakes to check regularly that the operations financed by the Community budget have been properly implemented, to take appropriate measures to prevent irregularities and fraud, and, if necessary, to take legal action to recover unduly paid funds.

Article 19

Budget commitments

1   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 9(6), 12(1), 13(1) and 16(2).

2.   Budget commitments for measures extending over a number of financial years may be split into annual instalments, spread over a number of years.

3.   Community financing may take one of the following legal forms, inter alia: financing agreements, grant contracts, procurement contracts, employment contracts.

Article 20

Protecting the Community's financial interests

1.   Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (13), and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (14) and 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) (15).

2.   Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or an on-the-spot audit of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (Euratom, EC) No 2185/96.

3.   All contracts resulting from the implementation of Community assistance shall ensure the rights of the Commission and the Court of Auditors under paragraph 2 during and after the performance of the contracts.

Article 21

Participation in tenders and contracts

1.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of, and legal persons established in, a Member State of the Community, a country that is a beneficiary of this Regulation, a country that is a beneficiary of an Instrument for Pre-Accession Assistance set up by Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (16) or a Member State of the EEA.

2.   The Commission may, in duly substantiated cases, authorise the participation of natural persons who are nationals of, and legal persons established in, a country having traditional economic, trade or geographical links with neighbouring countries, and the use of supplies and materials of different origin.

3.   Participation in the award of procurement or grant contracts financed under this Regulation shall also be open to all natural persons who are nationals of, or legal persons established in, any country other than those referred to in paragraph 1, whenever reciprocal access to their external assistance has been established. Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member States and to the recipient country concerned.

Reciprocal access to the Community's external assistance shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2) and shall be in force for a minimum period of one year.

The granting of reciprocal access to the Community's external assistance shall be based on a comparison between the Community and other donors and shall proceed at sectoral or entire country level, whether it be a donor or a recipient country. The decision to grant this reciprocity to a donor country shall be based on the transparency, consistency and proportionality of the aid provided by that donor, including its qualitative and quantitative nature. The beneficiary countries shall be consulted in the process described in this paragraph.

4.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to international organisations.

5.   Experts proposed in the context of procedures for the award of contracts need not comply with the nationality rules set out above.

6.   All supplies and materials purchased under contracts financed under this Regulation shall originate in the Community or a country eligible under this Article. The term ‘origin’ for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.

7.   The Commission may, in duly substantiated exceptional cases, authorise the participation of natural persons who are nationals of, and legal persons established in, countries other than those referred to in paragraphs 1, 2 and 3, or the purchase of supplies and materials of different origin from that set out in paragraph 6. Derogations may be justified on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules were to make the realisation of a project, a programme or an action impossible or exceedingly difficult.

8.   Whenever Community funding covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural or legal persons who are eligible pursuant to paragraphs 1, 2 and 3 as well as to all natural or legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.

Whenever Community funding covers an operation co-financed with a Member State, with a third country, subject to reciprocity as defined in paragraph 3, or with a regional organisation, participation in the appropriate contractual procedures shall be open to all natural or legal persons who are eligible pursuant to paragraphs 1, 2 and 3 as well as to all natural or legal persons who are eligible under the rules of such Member State, third country or regional organisation. The same rules shall apply in respect of supplies, materials and experts.

9.   Where Community assistance under this Regulation is managed by a joint managing authority, as referred to in Article 10, the procurement rules shall be those laid down in the implementing rules referred to in Article 11.

10.   Tenderers who have been awarded contracts under this Regulation shall respect core labour standards as defined in the relevant International Labour Organization conventions.

11.   Paragraphs 1 to 10 shall be without prejudice to the participation of categories of eligible organisations by nature or by localisation in regard to the objectives of the action.

Article 22

Prefinancing

Interest generated by prefinancing payments to beneficiaries shall be deducted from the final payment.

Article 23

Funds made available to the EIB or other financial intermediaries

1.   The funds referred to in Article 15(2)(c) shall be managed by financial intermediaries, by the EIB or any other bank or organisation capable of managing them.

2.   The Commission shall adopt implementing provisions for paragraph 1 on a case-by-case basis to cover risk-sharing, the remuneration of the intermediary responsible for implementation, the use and recovery of profits on funds, and the closure of the operation.

Article 24

Evaluation

1.   The Commission shall regularly evaluate the results of geographical and cross-border policies and programmes and of sectoral policies and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations.

2.   The Commission shall send significant evaluation reports to the committee referred to in Article 26 for discussion. These reports and discussions shall feed back into programme design and resource allocation.

TITLE V

FINAL PROVISIONS

Article 25

Annual report

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of Community assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.

Article 26

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 30 days.

3.   The committee shall adopt its rules of procedure.

4.   An observer from the EIB shall take part in the committee's proceedings with regard to questions concerning the EIB.

5.   In order to facilitate the dialogue with the European Parliament, the Commission shall regularly inform the European Parliament of the committee proceedings and provide the relevant documents including agenda, draft measures and summary records of the meetings in accordance with Article 7(3) of Decision 1999/468/EC.

Article 27

Participation by a third country not listed in the Annex

1.   To ensure the coherence and effectiveness of Community assistance, the Commission may decide, when adopting action programmes of the type referred to in Article 12 or the special measures referred to in Article 13, that countries, territories and regions eligible for assistance under other Community external assistance instruments and the European Development Fund are eligible for measures under this Regulation where the project or programme implemented is of a global, regional or cross-border nature.

2.   Provision may be made for this method of financing possibility in the strategy papers referred to in Article 7.

3.   The provisions of Article 14 concerning eligibility and the provisions of Article 21 concerning participation in procurement procedures shall be adapted to allow the countries, territories or regions concerned to take part.

4.   In the case of programmes financed under the provisions of different Community external assistance instruments, participation in procurement procedures may be open to all natural and legal persons of the countries eligible under the different instruments.

Article 28

Suspension of Community assistance

1.   Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Article 1, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps in respect of any Community assistance granted to the partner country under this Regulation.

2.   In such cases, Community assistance shall primarily be used to support non-state actors for measures aimed at promoting human rights and fundamental freedoms and supporting the democratisation process in partner countries.

Article 29

Financial envelope

1.   The financial envelope for implementation of this Regulation over the period 2007-2013 shall be 11 181 000 000Euro broken down as follows:

| a) | a minimum of 95 per cent of the financial envelope shall be allocated to the country and multi-country programmes referred to in Article 6(1)(a)(i); |
| --- | --- |

a)

a minimum of 95 per cent of the financial envelope shall be allocated to the country and multi-country programmes referred to in Article 6(1)(a)(i);

| b) | up to 5 per cent of the financial envelope shall be allocated to the cross-border cooperation programmes referred to in Article 6(1)(a)(ii). |
| --- | --- |

b)

up to 5 per cent of the financial envelope shall be allocated to the cross-border cooperation programmes referred to in Article 6(1)(a)(ii).

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 30

Review

The Commission shall submit to the European Parliament and the Council by 31 December 2010 a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications to it, including to the financial breakdown referred to in Article 29(1).

Article 31

Repeal

1.   As from 1 January 2007, Council Regulations (EEC) No 1762/92, (EC) No 1734/94 and (EC) No 1488/96 shall be repealed.

2.   The repealed Regulations shall continue to apply for legal acts and commitments of pre-2007 budget years.

Article 32

Entry into force

This Regulation shall enter into force twenty days after its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007 to 31 December 2013.

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

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 6 July 2006.

1

(2)  OJ C 46, 24.2.2006, p. 1.

2

(3)  OJ C 139, 14.6.2006, p. 1.

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

(5)  OJ L 181, 1.7.1992, p. 1. Regulation as amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

5

(6)  OJ L 182, 16.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 2110/2005 of the European Parliament and of the Council (OJ L 344, 27.12.2005, p. 1).

6

(7)  OJ L 189, 30.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005.

7

(8)  OJ L 12, 18.1.2000, p. 1. Regulation as amended by Regulation (EC) No 2112/2005.

8

(9)  OJ L 210, 31.7.2006, p. 25.

9

(10)  OJ L ...

10

(11)  Note to OJ: please insert number, date and reference of that regulation.

11

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

12

(13)  OJ L 312, 23.12.1995, p. 1.

13

(14)  OJ L 292, 15.11.1996, p. 2.

14

(15)  OJ L 136, 31.5.1999, p. 1.

15

(16)  OJ L 210, 31.7.2006, p. 82.

16

ANNEX

PARTNER COUNTRIES REFERRED TO IN ARTICLE 1

| | Algeria |
| --- | --- |

Algeria

| | Armenia |
| --- | --- |

Armenia

| | Azerbaijan |
| --- | --- |

Azerbaijan

| | Belarus |
| --- | --- |

Belarus

| | Egypt |
| --- | --- |

Egypt

| | Georgia |
| --- | --- |

Georgia

| | Israel |
| --- | --- |

Israel

| | Jordan |
| --- | --- |

Jordan

| | Lebanon |
| --- | --- |

Lebanon

| | Libya |
| --- | --- |

Libya

| | Moldova |
| --- | --- |

Moldova

| | Morocco |
| --- | --- |

Morocco

| | Palestinian Authority of the West Bank and Gaza Strip |
| --- | --- |

Palestinian Authority of the West Bank and Gaza Strip

| | Russian Federation |
| --- | --- |

Russian Federation

| | Syria |
| --- | --- |

Syria

| | Tunisia |
| --- | --- |

Tunisia

| | Ukraine |
| --- | --- |

Ukraine

P6_TA(2006)0307

Instrument for Stability ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing an Instrument for Stability (COM(2004)0630 — C6-0251/2004 — 2004/0223(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0630) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0630) (1),

| — | having regard to Article 251(2), Article 179 and Article 181a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0251/2004), |
| --- | --- |

—

having regard to Article 251(2), Article 179 and Article 181a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0251/2004),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters, |
| --- | --- |

—

having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters,

| — | having regard to the Declaration of the Commission on the provision to Parliament of information regarding exceptional assistance measures and on anti-terrorism co-operation measures, which is annexed to this legislative resolution and which will be published together with the legislative act in the Official Journal of the European Union, |
| --- | --- |

—

having regard to the Declaration of the Commission on the provision to Parliament of information regarding exceptional assistance measures and on anti-terrorism co-operation measures, which is annexed to this legislative resolution and which will be published together with the legislative act in the Official Journal of the European Union,

| — | having regard to the letter from Commissioner Ferrero-Waldner dated 7 June 2006 on the establishment of a Peacebuilding Partnership, |
| --- | --- |

—

having regard to the letter from Commissioner Ferrero-Waldner dated 7 June 2006 on the establishment of a Peacebuilding Partnership,

| — | having regard to the letter of Commissioner Ferrero-Waldner dated 23 June 2006 detailing the financial allocations for the different instruments and indicating the Commission's willingness to take all necessary initiatives to secure, via the different budgetary options available — including the Emergency Aid Reserve and the Flexibility Instrument — additional resources for the Stability Instrument should its funds prove to be insufficient, |
| --- | --- |

—

having regard to the letter of Commissioner Ferrero-Waldner dated 23 June 2006 detailing the financial allocations for the different instruments and indicating the Commission's willingness to take all necessary initiatives to secure, via the different budgetary options available — including the Emergency Aid Reserve and the Flexibility Instrument — additional resources for the Stability Instrument should its funds prove to be insufficient,

| — | having regard to Rules 51 and 35 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 35 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development, the Committee on International Trade and the Committee on Budgets (A6-0157/2006), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development, the Committee on International Trade and the Committee on Budgets (A6-0157/2006),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

(2)  2 OJ C 139, 14.6.2006, p. 1.

P6_TC1-COD(2004)0223

Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council establishing an Instrument for Stability

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 179(1) and 181a thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),

Whereas:

| (1) | The Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. The promotion of stable conditions for human and economic development and the promotion of human rights, democracy and fundamental freedoms remains one of the prime objectives of European Union (hereinafter referred to as ‘the EU’) external action to which Community instruments for external assistance contribute. The Council and the Representatives of the Governments of the Member States meeting within the Council, in their November 2004 Conclusions on the effectiveness of EU External Action, concluded that ‘peace, security and stability as well as human rights, democracy and good governance, are essential elements for sustainable economic growth and poverty eradication’. |
| --- | --- |

(1)

The Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. The promotion of stable conditions for human and economic development and the promotion of human rights, democracy and fundamental freedoms remains one of the prime objectives of European Union (hereinafter referred to as ‘the EU’) external action to which Community instruments for external assistance contribute. The Council and the Representatives of the Governments of the Member States meeting within the Council, in their November 2004 Conclusions on the effectiveness of EU External Action, concluded that ‘peace, security and stability as well as human rights, democracy and good governance, are essential elements for sustainable economic growth and poverty eradication’.

| (2) | The EU Programme for the Prevention of Violent Conflicts, endorsed by the European Council, underlines the EU's ‘political commitment to pursue conflict prevention as one of the main objectives of the EU's external relations’ and states that Community development cooperation instruments can contribute to this goal and to the development of the EU as a global player. |
| --- | --- |

(2)

The EU Programme for the Prevention of Violent Conflicts, endorsed by the European Council, underlines the EU's ‘political commitment to pursue conflict prevention as one of the main objectives of the EU's external relations’ and states that Community development cooperation instruments can contribute to this goal and to the development of the EU as a global player.

| (3) | Measures taken under this Regulation in pursuit of the objectives of Articles 177 and 181a of the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) may be complementary to and should be consistent with measures adopted by the EU in pursuit of Common Foreign and Security Policy objectives within the framework of Title V and measures adopted within the framework of Title VI of the Treaty on European Union (hereinafter referred to as ‘the EU Treaty’). The Council and the Commission should cooperate to ensure such consistency, each in accordance with their respective powers. |
| --- | --- |

(3)

Measures taken under this Regulation in pursuit of the objectives of Articles 177 and 181a of the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) may be complementary to and should be consistent with measures adopted by the EU in pursuit of Common Foreign and Security Policy objectives within the framework of Title V and measures adopted within the framework of Title VI of the Treaty on European Union (hereinafter referred to as ‘the EU Treaty’). The Council and the Commission should cooperate to ensure such consistency, each in accordance with their respective powers.

| (4) | The European Consensus on Development, adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 22 November 2005 and welcomed by the European Council on 15-16 December 2005, states that the Community, within the respective competences of its institutions, will develop a comprehensive prevention approach to State fragility, conflict, natural disasters and other types of crises, to which goal this Regulation should contribute. |
| --- | --- |

(4)

The European Consensus on Development, adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 22 November 2005 and welcomed by the European Council on 15-16 December 2005, states that the Community, within the respective competences of its institutions, will develop a comprehensive prevention approach to State fragility, conflict, natural disasters and other types of crises, to which goal this Regulation should contribute.

| (5) | The European Council approved the European Security Strategy on 12 December 2003. |
| --- | --- |

(5)

The European Council approved the European Security Strategy on 12 December 2003.

| (6) | The European Council Declaration on Combating Terrorism of 25 March 2004 called for counter-terrorist objectives to be integrated into external assistance programmes. Moreover, the EU Millennium Strategy on the prevention and control of organised crime, adopted by the Council on 27 March 2000, calls for closer cooperation with third countries. |
| --- | --- |

(6)

The European Council Declaration on Combating Terrorism of 25 March 2004 called for counter-terrorist objectives to be integrated into external assistance programmes. Moreover, the EU Millennium Strategy on the prevention and control of organised crime, adopted by the Council on 27 March 2000, calls for closer cooperation with third countries.

| (7) | Post-crisis stabilisation requires a sustained and flexible engagement from the international community, in particular in the first years after a crisis, on the basis of integrated transition strategies. |
| --- | --- |

(7)

Post-crisis stabilisation requires a sustained and flexible engagement from the international community, in particular in the first years after a crisis, on the basis of integrated transition strategies.

| (8) | Implementation of programmes of assistance in times of crisis and political instability requires specific measures to ensure flexibility in decision-making and budget allocation, as well as enhanced measures to ensure coherence with bilateral aid and mechanisms for the pooling of donor funds, including the delegation of public authority tasks through indirect centralised management. |
| --- | --- |

(8)

Implementation of programmes of assistance in times of crisis and political instability requires specific measures to ensure flexibility in decision-making and budget allocation, as well as enhanced measures to ensure coherence with bilateral aid and mechanisms for the pooling of donor funds, including the delegation of public authority tasks through indirect centralised management.

| (9) | The Resolutions of the European Parliament and the Conclusions of the Council following the Commission Communications on the Linking of Relief, Rehabilitation and Development emphasise the need to ensure effective bridging between operations financed from different Community financing instruments in the context of crisis. |
| --- | --- |

(9)

The Resolutions of the European Parliament and the Conclusions of the Council following the Commission Communications on the Linking of Relief, Rehabilitation and Development emphasise the need to ensure effective bridging between operations financed from different Community financing instruments in the context of crisis.

| (10) | In order to address the above issues in an effective and timely manner specific financial resources and financing instruments are required that can work in a manner complementary to humanitarian aid and long-term cooperation instruments. Humanitarian aid should continue to be delivered under Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (2). |
| --- | --- |

(10)

In order to address the above issues in an effective and timely manner specific financial resources and financing instruments are required that can work in a manner complementary to humanitarian aid and long-term cooperation instruments. Humanitarian aid should continue to be delivered under Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (2).

| (11) | In addition to the measures agreed with partner countries in the context of the policy framework for cooperation established under the related Community instruments for external assistance, the Community must be able to provide assistance which addresses major global and transnational issues having a potentially destabilising effect. |
| --- | --- |

(11)

In addition to the measures agreed with partner countries in the context of the policy framework for cooperation established under the related Community instruments for external assistance, the Community must be able to provide assistance which addresses major global and transnational issues having a potentially destabilising effect.

| (12) | The 2001 ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ emphasise the need for enhanced coordination of EU external assistance. |
| --- | --- |

(12)

The 2001 ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ emphasise the need for enhanced coordination of EU external assistance.

| (13) | This Regulation establishes for the period 2007-2013 a financial envelope which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3). |
| --- | --- |

(13)

This Regulation establishes for the period 2007-2013 a financial envelope which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3).

| (14) | 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 (4). |
| --- | --- |

(14)

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 (4).

| (15) | This Regulation aims at covering the scope of and replacing a number of existing Regulations concerning Community external assistance; those Regulations should therefore be repealed. |
| --- | --- |

(15)

This Regulation aims at covering the scope of and replacing a number of existing Regulations concerning Community external assistance; those Regulations should therefore be repealed.

| (16) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, because of the need for concerted multilateral response in the areas defined in this Regulation, and can therefore be better achieved at Community level, taking account of the scale and global effects of the measures provided for herein, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the EC 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 these objectives, |
| --- | --- |

(16)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, because of the need for concerted multilateral response in the areas defined in this Regulation, and can therefore be better achieved at Community level, taking account of the scale and global effects of the measures provided for herein, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the EC 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 these objectives,

HAVE ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES AND SCOPE

Article 1

Objectives

1.   The Community shall undertake development cooperation measures, as well as financial, economic and technical cooperation measures with third countries under the conditions set out in this Regulation.

2.   In accordance with the objectives of such cooperation and within its limits as laid down in the EC Treaty, the specific aims of this Regulation shall be:

| a) | in a situation of crisis or emerging crisis, to contribute to stability by providing an effective response to help preserve, establish or re-establish the conditions essential to the proper implementation of the Community's development and cooperation policies; |
| --- | --- |

a)

in a situation of crisis or emerging crisis, to contribute to stability by providing an effective response to help preserve, establish or re-establish the conditions essential to the proper implementation of the Community's development and cooperation policies;

| b) | in the context of stable conditions for the implementation of Community cooperation policies in third countries, to help build capacity both to address specific global and transregional threats having a destabilising effect and to ensure preparedness to address pre- and post-crisis situations. |
| --- | --- |

b)

in the context of stable conditions for the implementation of Community cooperation policies in third countries, to help build capacity both to address specific global and transregional threats having a destabilising effect and to ensure preparedness to address pre- and post-crisis situations.

3.   Measures taken under this Regulation may be complementary to, and shall be consistent with, and without prejudice to, measures adopted under Title V and Title VI of the EU Treaty.

Article 2

Complementarity of Community assistance

1.   Community assistance under this Regulation shall be complementary to that provided for under related Community instruments for external assistance. It shall be provided only to the extent that an adequate and effective response cannot be provided under those instruments.

2.   The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework for the partner country, and in particular with the objectives of the instruments referred to in paragraph 1, as well as with other relevant Community measures.

3.   In order to enhance the effectiveness and consistency of Community and national assistance measures, the Commission shall promote close co-ordination between its own activities and those of the Member States, both at decision-making level and on the ground. To that end, the Member States and the Commission shall operate a system for exchange of information.

Article 3

Assistance in response to situations of crisis or emerging crisis

1.   Community technical and financial assistance in pursuit of the specific aims set out in point (a) of Article 1(2) may be undertaken in response to a situation of urgency, crisis or emerging crisis, a situation posing a threat to democracy, law and order, the protection of human rights and fundamental freedoms, or the security and safety of individuals, or a situation threatening to escalate into armed conflict or severely to destabilise the third country or countries concerned. Such measures may also address situations where the Community has invoked the essential elements clauses of international Agreements in order to suspend, partially or totally, cooperation with third countries.

2.   Technical and financial assistance referred to in paragraph 1 shall cover the following areas:

| a) | support, through the provision of technical and logistical assistance, for the efforts undertaken by international and regional organisations, state and non-state actors in promoting confidence-building, mediation, dialogue and reconciliation; |
| --- | --- |

a)

support, through the provision of technical and logistical assistance, for the efforts undertaken by international and regional organisations, state and non-state actors in promoting confidence-building, mediation, dialogue and reconciliation;

| b) | support for the establishment and the functioning of interim administrations mandated in accordance with international law; |
| --- | --- |

b)

support for the establishment and the functioning of interim administrations mandated in accordance with international law;

| c) | support for the development of democratic, pluralistic state institutions, including measures to enhance the role of women in such institutions, effective civilian administration and related legal frameworks at national and local level, an independent judiciary, good governance and law and order, including non-military technical cooperation to strengthen overall civilian control, and oversight over the security system and measures to strengthen the capacity of law enforcement and judicial authorities involved in the fight against the illicit trafficking of people, drugs, firearms and explosive materials; |
| --- | --- |

c)

support for the development of democratic, pluralistic state institutions, including measures to enhance the role of women in such institutions, effective civilian administration and related legal frameworks at national and local level, an independent judiciary, good governance and law and order, including non-military technical cooperation to strengthen overall civilian control, and oversight over the security system and measures to strengthen the capacity of law enforcement and judicial authorities involved in the fight against the illicit trafficking of people, drugs, firearms and explosive materials;

| d) | support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, and mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international human rights and rule of law standards; |
| --- | --- |

d)

support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, and mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international human rights and rule of law standards;

| e) | support for measures necessary to start the rehabilitation and reconstruction of key infrastructure, housing, public buildings and economic assets, as well as essential productive capacity, and for the re-starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development; |
| --- | --- |

e)

support for measures necessary to start the rehabilitation and reconstruction of key infrastructure, housing, public buildings and economic assets, as well as essential productive capacity, and for the re-starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development;

| f) | support for civilian measures related to the demobilisation and reintegration of former combatants into civil society, and where appropriate their repatriation, as well as measures to address the situation of child soldiers and female combatants; |
| --- | --- |

f)

support for civilian measures related to the demobilisation and reintegration of former combatants into civil society, and where appropriate their repatriation, as well as measures to address the situation of child soldiers and female combatants;

| g) | support for measures to mitigate the social effects of restructuring of the armed forces; |
| --- | --- |

g)

support for measures to mitigate the social effects of restructuring of the armed forces;

| h) | support for measures to address, within the framework of Community cooperation policies and their objectives, the socio-economic impact on the civilian population of anti-personnel landmines, unexploded ordnance or explosive remnants of war; activities financed under this Regulation shall cover risk education, victim assistance, mine detection and clearance and, in conjunction therewith, stockpile destruction; |
| --- | --- |

h)

support for measures to address, within the framework of Community cooperation policies and their objectives, the socio-economic impact on the civilian population of anti-personnel landmines, unexploded ordnance or explosive remnants of war; activities financed under this Regulation shall cover risk education, victim assistance, mine detection and clearance and, in conjunction therewith, stockpile destruction;

| i) | support for measures to address, within the framework of Community cooperation policies and their objectives, the impact on the civilian population of the illicit use of and access to firearms; such support shall be limited to survey activities, victim assistance, raising public awareness and the development of legal and administrative expertise and good practice.
  Assistance shall be provided only to the extent necessary to re-establish the conditions for social and economic development of the populations concerned, in a situation of crisis or emerging crisis as referred to in paragraph 1. It shall not include support for measures to combat the proliferation of arms; |
| --- | --- |

i)

support for measures to address, within the framework of Community cooperation policies and their objectives, the impact on the civilian population of the illicit use of and access to firearms; such support shall be limited to survey activities, victim assistance, raising public awareness and the development of legal and administrative expertise and good practice.

Assistance shall be provided only to the extent necessary to re-establish the conditions for social and economic development of the populations concerned, in a situation of crisis or emerging crisis as referred to in paragraph 1. It shall not include support for measures to combat the proliferation of arms;

| j) | support for measures to ensure that the specific needs of women and children in crisis and conflict situations, including their exposure to gender-based violence, are adequately met; |
| --- | --- |

j)

support for measures to ensure that the specific needs of women and children in crisis and conflict situations, including their exposure to gender-based violence, are adequately met;

| k) | support for the rehabilitation and reintegration of the victims of armed conflict, including measures to address the specific needs of women and children; |
| --- | --- |

k)

support for the rehabilitation and reintegration of the victims of armed conflict, including measures to address the specific needs of women and children;

| l) | support for measures to promote and defend respect for human rights and fundamental freedoms, democracy and the rule of law, and the related international instruments; |
| --- | --- |

l)

support for measures to promote and defend respect for human rights and fundamental freedoms, democracy and the rule of law, and the related international instruments;

| m) | support for socio-economic measures to promote equitable access to and transparent management of natural resources in a situation of crisis or emerging crisis; |
| --- | --- |

m)

support for socio-economic measures to promote equitable access to and transparent management of natural resources in a situation of crisis or emerging crisis;

| n) | support for socio-economic measures to address the impact of sudden population movements, including measures addressing the needs of host communities in a situation of crisis or emerging crisis; |
| --- | --- |

n)

support for socio-economic measures to address the impact of sudden population movements, including measures addressing the needs of host communities in a situation of crisis or emerging crisis;

| o) | support for measures to support the development and organisation of civil society and its participation in the political process, including measures to enhance the role of women in such processes and measures to promote independent, pluralist and professional media; |
| --- | --- |

o)

support for measures to support the development and organisation of civil society and its participation in the political process, including measures to enhance the role of women in such processes and measures to promote independent, pluralist and professional media;

| p) | support for measures in response to natural or man-made disasters and threats to public health in the absence of, or to complement, Community humanitarian assistance. |
| --- | --- |

p)

support for measures in response to natural or man-made disasters and threats to public health in the absence of, or to complement, Community humanitarian assistance.

3.   In the exceptional and unforeseen situations referred to in paragraph 1, the Community may also provide technical and financial assistance not expressly covered by the specific areas of assistance set out in paragraph 2. Such assistance shall be limited to Exceptional Assistance Measures as referred to in Article 6(2), which:

| — | fall within the general scope and specific aims set out in point (a) of Article 1(2), and |
| --- | --- |

—

fall within the general scope and specific aims set out in point (a) of Article 1(2), and

| — | are limited in duration to the period laid down in Article 6(2), and |
| --- | --- |

—

are limited in duration to the period laid down in Article 6(2), and

| — | would normally be eligible under the other Community instruments for external assistance, but which, in accordance with Article 2, should be addressed through this Regulation because of the need to respond rapidly to a situation of crisis or emerging crisis. |
| --- | --- |

—

would normally be eligible under the other Community instruments for external assistance, but which, in accordance with Article 2, should be addressed through this Regulation because of the need to respond rapidly to a situation of crisis or emerging crisis.

Article 4

Assistance in the context of stable conditions for cooperation

The Community shall provide technical and financial assistance in pursuit of the specific aims set out in point (b) of Article 1(2) in the following areas:

| 1) | threats to law and order, to the security and safety of individuals, to critical infrastructure and to public health;
  assistance shall cover:






  a) | strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism and organised crime, including illicit trafficking of people, drugs, firearms and explosive materials and in the effective control of illegal trade and transit.
  Priority shall be given to trans-regional cooperation involving third countries which have demonstrated a clear political will to address these problems. Measures in this area shall place particular emphasis on good governance and shall be in accordance with international law, in particular human rights law and international humanitarian law.
  With regard to assistance to authorities involved in the fight against terrorism, priority shall be given to supporting measures concerning the development and strengthening of counter-terrorism legislation, the implementation and practice of financial law, of customs law and of immigration law and the development of international procedures for law enforcement.
  With regard to assistance relating to the problem of drugs, due attention shall be given to international cooperation aimed at promoting best practices relating to the reduction of demand, production and harm; |
| --- | --- | --- |

1)

threats to law and order, to the security and safety of individuals, to critical infrastructure and to public health;

assistance shall cover:

a)

strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism and organised crime, including illicit trafficking of people, drugs, firearms and explosive materials and in the effective control of illegal trade and transit.

Priority shall be given to trans-regional cooperation involving third countries which have demonstrated a clear political will to address these problems. Measures in this area shall place particular emphasis on good governance and shall be in accordance with international law, in particular human rights law and international humanitarian law.

With regard to assistance to authorities involved in the fight against terrorism, priority shall be given to supporting measures concerning the development and strengthening of counter-terrorism legislation, the implementation and practice of financial law, of customs law and of immigration law and the development of international procedures for law enforcement.

With regard to assistance relating to the problem of drugs, due attention shall be given to international cooperation aimed at promoting best practices relating to the reduction of demand, production and harm;

| b) | support for measures to address threats to international transport, energy operations and critical infrastructure, including passenger and freight traffic and energy distribution.
  Measures adopted in this area shall place particular emphasis on trans-regional cooperation and the implementation of international standards in the fields of risk awareness, vulnerability analysis, emergency preparedness, alert and consequence management; |
| --- | --- |

b)

support for measures to address threats to international transport, energy operations and critical infrastructure, including passenger and freight traffic and energy distribution.

Measures adopted in this area shall place particular emphasis on trans-regional cooperation and the implementation of international standards in the fields of risk awareness, vulnerability analysis, emergency preparedness, alert and consequence management;

| c) | contributing to ensuring an adequate response to sudden major threats to public health, such as epidemics with a potential trans-national impact.
  Particular emphasis shall be placed on emergency-planning, management of vaccine and pharmaceutical stockpiles, international cooperation, early warning and alert systems; |
| --- | --- |

c)

contributing to ensuring an adequate response to sudden major threats to public health, such as epidemics with a potential trans-national impact.

Particular emphasis shall be placed on emergency-planning, management of vaccine and pharmaceutical stockpiles, international cooperation, early warning and alert systems;

| 2) | risk mitigation and preparedness relating to chemical, biological, radiological and nuclear materials or agents;
  assistance shall cover:






  a) | the promotion of civilian research activities as an alternative to defence-related research, and support for the retraining and alternative employment of scientists and engineers formerly employed in weapons-related areas; |
| --- | --- | --- |

2)

risk mitigation and preparedness relating to chemical, biological, radiological and nuclear materials or agents;

assistance shall cover:

a)

the promotion of civilian research activities as an alternative to defence-related research, and support for the retraining and alternative employment of scientists and engineers formerly employed in weapons-related areas;

| b) | support for measures to enhance safety practices related to civilian facilities where sensitive chemical, biological, radiological and nuclear materials or agents are stored, or are handled in the context of civilian research programmes; |
| --- | --- |

b)

support for measures to enhance safety practices related to civilian facilities where sensitive chemical, biological, radiological and nuclear materials or agents are stored, or are handled in the context of civilian research programmes;

| c) | support, within the framework of Community cooperation policies and their objectives, for the establishment of civil infrastructure and relevant civilian studies necessary for the dismantlement, remediation or conversion of weapons-related facilities and sites where these are declared as no longer belonging to a defence programme; |
| --- | --- |

c)

support, within the framework of Community cooperation policies and their objectives, for the establishment of civil infrastructure and relevant civilian studies necessary for the dismantlement, remediation or conversion of weapons-related facilities and sites where these are declared as no longer belonging to a defence programme;

| d) | strengthening the capacity of the competent civilian authorities involved in the development and enforcement of effective control of illicit trafficking in chemical, biological, radiological and nuclear materials or agents (including the equipment for their production or delivery), including through the installation of modern logistical evaluation and control equipment; |
| --- | --- |

d)

strengthening the capacity of the competent civilian authorities involved in the development and enforcement of effective control of illicit trafficking in chemical, biological, radiological and nuclear materials or agents (including the equipment for their production or delivery), including through the installation of modern logistical evaluation and control equipment;

| e) | the development of the legal framework and institutional capacities for the establishment and enforcement of effective export controls on dual-use goods, including regional cooperation measures; |
| --- | --- |

e)

the development of the legal framework and institutional capacities for the establishment and enforcement of effective export controls on dual-use goods, including regional cooperation measures;

| f) | the development of effective civilian disaster-preparedness, emergency-planning, crisis response, and capabilities for clean-up measures in relation to possible major environmental incidents in this field; |
| --- | --- |

f)

the development of effective civilian disaster-preparedness, emergency-planning, crisis response, and capabilities for clean-up measures in relation to possible major environmental incidents in this field;

as regards the measures covered by points (b) and (d), particular emphasis shall be placed on assistance to those regions or countries where stockpiles of materials or agents referred to in points (b) and (d) still exist and where there is a risk of proliferation of such materials or agents.

| 3) | Pre- and post-crisis capacity building
  Support for long-term measures aimed at building and strengthening the capacity of international, regional and sub-regional organisations, state and non-state actors in relation to their efforts in:






  a) | promoting early warning, confidence-building, mediation and reconciliation, and addressing emerging inter-community tensions; |
| --- | --- | --- |

3)

Pre- and post-crisis capacity building

Support for long-term measures aimed at building and strengthening the capacity of international, regional and sub-regional organisations, state and non-state actors in relation to their efforts in:

a)

promoting early warning, confidence-building, mediation and reconciliation, and addressing emerging inter-community tensions;

| b) | improving post-conflict and post-disaster recovery. |
| --- | --- |

b)

improving post-conflict and post-disaster recovery.

Measures under this point shall include know-how transfer, the exchange of information, risk/threat assessment, research and analysis, early warning systems and training. Measures may also include, where appropriate, financial and technical assistance for the implementation of those Recommendations made by the UN Peacebuilding Commission falling within the objectives of Community cooperation policy.

TITLE II

IMPLEMENTATION

Article 5

General framework for implementation

Community assistance under this Regulation shall be implemented through the following measures:

| a) | Exceptional Assistance Measures and Interim Response Programmes; |
| --- | --- |

a)

Exceptional Assistance Measures and Interim Response Programmes;

| b) | Multi-country Strategy papers, Thematic Strategy Papers and Multi-annual Indicative Programmes; |
| --- | --- |

b)

Multi-country Strategy papers, Thematic Strategy Papers and Multi-annual Indicative Programmes;

| c) | Annual Action Programmes; |
| --- | --- |

c)

Annual Action Programmes;

| d) | Special Measures. |
| --- | --- |

d)

Special Measures.

Article 6

Exceptional Assistance Measures and Interim Response Programmes

1.   Community assistance under Article 3 shall be carried out through Exceptional Assistance Measures and through Interim Response Programmes.

2.   The Commission may adopt Exceptional Assistance Measures in a situation of crisis as referred to in Article 3(1), as well as in exceptional and unforeseen situations as referred to in Article 3(3), where the effectiveness of the measures is dependent on rapid or flexible implementation. Such measures may have a duration of up to 18 months. Individual measures may be extended in duration by a further 6 months in the case of objective and unforeseen obstacles to their implementation, provided that the financial amount of the measure does not increase.

3.   Where an Exceptional Assistance Measure is costing more than 20 000 000Euro, that measure shall be adopted in accordance with the procedure referred to in Article 22(2).

4.   The Commission may adopt Interim Response Programmes with a view to establishing or re-establishing the essential conditions necessary for the effective implementation of the Community's external cooperation policies. Interim Response Programmes shall build on Exceptional Assistance Measures. They shall be adopted in accordance with the procedure referred to in Article 22(2).

5.   The Commission shall keep the Council regularly informed about its planning of Community assistance under Article 3. Before adopting or renewing any Exceptional Assistance Measures costing up to 20 000 000Euro, the Commission shall inform the Council of their nature, objectives and the financial amounts envisaged. It shall take account of the relevant policy approach of the Council both in its planning and subsequent implementation of such measures, in the interests of the coherence of EU external action. The Commission shall likewise inform the Council before making significant substantive changes to Exceptional Assistance Measures already adopted.

6.   At as early a stage as possible, following the adoption of Exceptional Assistance Measures, and in any case within seven months of doing so, the Commission shall report to the European Parliament and the Council by giving an overview of the existing and planned Community response, including the contribution to be made from other Community financing instruments, the status of existing Country and Multi-Country Strategy Papers, and the Community's role within the broader international and multilateral response. This report shall also indicate whether and, if so, for how long the Commission intends to continue the Exceptional Assistance Measures.

Article 7

Multi-country Strategy Papers, Thematic Strategy Papers and Multi-annual Indicative Programmes

1.   Multi-country and Thematic Strategy Papers shall constitute the general basis for the implementation of assistance under Article 4.

2.   Multi-country and Thematic Strategy Papers shall set out the Community's strategy for the countries or themes concerned, having regard to the needs of the countries concerned, the Community's priorities, the international situation and the activities of the main partners.

3.   Multi-country and Thematic Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure referred to in Article 22(2). They shall cover an initial period of no longer than the period of application of this Regulation and shall be reviewed at the mid-point.

4.   Strategy Papers shall be consistent with, and avoid duplication of, Country, Multi-country or Thematic Strategy Papers adopted under other Community instruments for external assistance. Strategy Papers shall, where appropriate, be based on a dialogue with the partner country, countries or region concerned, including with civil society, so as to support national development strategies and to ensure the participation and involvement of the partner country, countries or region. In addition, joint consultations shall be carried out between the Commission, Member States, and other donors where appropriate, in order to ensure that the cooperation activities of the Community are complementary to those of the Member States and other donors. Other stakeholders may be associated where appropriate.

5.   Each Multi-country Strategy Paper shall, where appropriate, be accompanied by a Multi-annual Indicative Programme summarising the priority areas selected for Community financing, the specific objectives, the expected results and timeframe of Community support and the indicative financial allocation, overall and for each priority area. The financial allocations may be given in the form of a range where necessary.

6.   The Multi-annual Indicative Programmes shall determine the financial allocations for each programme using transparent criteria, based on the needs and performance of the partner countries or regions concerned and taking into account the particular difficulties faced by countries or regions in crisis or conflict.

7.   Multi-annual Indicative Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure referred to in Article 22(2). They shall be established, where appropriate, in consultation with the partner countries or regions concerned.

8.   The financial amounts of Multi-annual Indicative Programmes may be increased or decreased as a result of reviews, taking into account changes in a country's situation, performance and needs, in accordance with the procedure referred to in paragraph 7.

Article 8

Annual Action Programmes

1.   Annual Action Programmes shall set out measures to be adopted on the basis of the Multi-country and Thematic Strategy Papers and Multi-annual Indicative Programmes referred to in Article 7.

2.   Annual Action Programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and total amount of financing planned. They shall contain a summary description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Where relevant, they should include the results of any lessons learned from previous assistance. Objectives shall be measurable.

3.   Annual Action Programmes and any revision or extension thereof shall be adopted in accordance with the procedure referred to in Article 22(2).

Article 9

Special Measures

1.   Notwithstanding Articles 7 and 8, in the event of unforeseen needs or circumstances, the Commission may adopt Special Measures not provided for in the Multi-country and Thematic Strategy Papers and Multi-annual Indicative Programmes referred to in Article 7 or the Annual Action Programmes referred to in Article 8.

2.   Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures used and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable.

3.   Special Measures costing more than 5 000 000Euro shall be adopted in accordance with the procedure referred to in Article 22(2).

4.   The Commission shall inform the Committee set up pursuant to Article 22(1) within one month of adopting Special Measures costing up to 5 000 000Euro.

TITLE III

BENEFICIARIES AND FORMS OF FINANCING

Article 10

Eligibility

1.   The following shall be eligible for funding under this Regulation for the purposes of implementing the Exceptional Assistance Measures and Interim Response Programmes referred to in Article 6, the Annual Action Programmes referred to in Article 8 and the Special Measures referred to in Article 9:

| a) | partner countries and regions and their institutions; |
| --- | --- |

a)

partner countries and regions and their institutions;

| b) | decentralised bodies in the partner countries, such as regions, departments, provinces and municipalities; |
| --- | --- |

b)

decentralised bodies in the partner countries, such as regions, departments, provinces and municipalities;

| c) | joint bodies set up by the partner countries and regions and the Community; |
| --- | --- |

c)

joint bodies set up by the partner countries and regions and the Community;

| d) | international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, and institutions of international jurisdiction, in so far as they contribute to the objectives of this Regulation; |
| --- | --- |

d)

international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, and institutions of international jurisdiction, in so far as they contribute to the objectives of this Regulation;

| e) | European agencies; |
| --- | --- |

e)

European agencies;

| f) | the following entities and bodies of the Member States, partner countries and regions and any other third country in so far as they contribute to the objectives of this Regulation:






  i) | public and para-statal bodies, local authorities or administrations and consortia thereof; |
| --- | --- | --- |

f)

the following entities and bodies of the Member States, partner countries and regions and any other third country in so far as they contribute to the objectives of this Regulation:

i)

public and para-statal bodies, local authorities or administrations and consortia thereof;

| ii) | companies, firms and other private organisations and businesses; |
| --- | --- |

ii)

companies, firms and other private organisations and businesses;

| iii) | financial institutions that grant, promote and finance private investment in partner countries and regions; |
| --- | --- |

iii)

financial institutions that grant, promote and finance private investment in partner countries and regions;

| iv) | non-state actors referred to in paragraph 2; |
| --- | --- |

iv)

non-state actors referred to in paragraph 2;

| v) | natural persons. |
| --- | --- |

v)

natural persons.

2.   Non-state actors eligible for financial support under this Regulation shall include: non-governmental organisations, organisations representing indigenous peoples, local citizens' groups and traders' associations, cooperatives, trade unions, organisations representing economic and social interests, local organisations (including networks) involved in decentralised regional cooperation and integration, consumer organisations, women's and youth organisations, teaching, cultural, research and scientific organisations, universities, churches and religious associations and communities, the media and any non-governmental associations and private and public foundations likely to contribute to development or the external dimension of internal policies.

3.   Other bodies or actors not listed in paragraphs 1 and 2 may be financed when this is necessary to achieve the objectives of this Regulation.

Article 11

Types of measures

1.   Community financing may take the following forms:

| a) | projects and programmes; |
| --- | --- |

a)

projects and programmes;

| b) | sectoral or general budget support, where the partner country's arrangements for managing public funds are sufficiently transparent, reliable and effective, and where proper sectoral or macro-economic policies have been put in place by the partner country and approved by its main donors, including international financial institutions where applicable. Budgetary support may in general be one of several instruments. It shall be allocated with precise objectives and related benchmarks. Disbursement of budgetary support shall be conditional on satisfactory progress towards achieving the objectives in terms of impact and results; |
| --- | --- |

b)

sectoral or general budget support, where the partner country's arrangements for managing public funds are sufficiently transparent, reliable and effective, and where proper sectoral or macro-economic policies have been put in place by the partner country and approved by its main donors, including international financial institutions where applicable. Budgetary support may in general be one of several instruments. It shall be allocated with precise objectives and related benchmarks. Disbursement of budgetary support shall be conditional on satisfactory progress towards achieving the objectives in terms of impact and results;

| c) | in exceptional cases, sectoral and general import-support programmes, which may take the form of:






  i) | sectoral programmes for imports in kind, |
| --- | --- | --- |

c)

in exceptional cases, sectoral and general import-support programmes, which may take the form of:

i)

sectoral programmes for imports in kind,

| ii) | sectoral import programmes providing foreign currency to finance imports for the sector in question, or |
| --- | --- |

ii)

sectoral import programmes providing foreign currency to finance imports for the sector in question, or

| iii) | general import programmes providing foreign currency to finance general imports, covering a wide range of products; |
| --- | --- |

iii)

general import programmes providing foreign currency to finance general imports, covering a wide range of products;

| d) | funds made available to financial intermediaries in accordance with Article 20, with a view to providing loans (to support investment and development of the private sector, for example), risk capital (in the form of subordinated or conditional loans) or other temporary minority holdings in business capital, to the extent that the financial risk of the Community is limited to these funds; |
| --- | --- |

d)

funds made available to financial intermediaries in accordance with Article 20, with a view to providing loans (to support investment and development of the private sector, for example), risk capital (in the form of subordinated or conditional loans) or other temporary minority holdings in business capital, to the extent that the financial risk of the Community is limited to these funds;

| e) | grants to fund measures; |
| --- | --- |

e)

grants to fund measures;

| f) | grants to cover operating costs; |
| --- | --- |

f)

grants to cover operating costs;

| g) | funding for twinning programmes between public institutions, national public bodies or private-law entities with a public-service mission of a Member State and those of a partner country or region; |
| --- | --- |

g)

funding for twinning programmes between public institutions, national public bodies or private-law entities with a public-service mission of a Member State and those of a partner country or region;

| h) | contributions to international funds, in particular those managed by international or regional organisations; |
| --- | --- |

h)

contributions to international funds, in particular those managed by international or regional organisations;

| i) | contributions to national funds set up by partner countries and regions to attract joint financing from a number of donors, or contributions to funds set up by one or more donors for the purpose of the joint implementation of operations; |
| --- | --- |

i)

contributions to national funds set up by partner countries and regions to attract joint financing from a number of donors, or contributions to funds set up by one or more donors for the purpose of the joint implementation of operations;

| j) | human and material resources required for effective administration and supervision of projects and programmes by partner countries and regions. |
| --- | --- |

j)

human and material resources required for effective administration and supervision of projects and programmes by partner countries and regions.

2.   Community financing shall in principle not be used for paying taxes, duties or charges in beneficiary countries.

3.   Activities covered by Regulation (EC) No 1257/96 and eligible for funding thereunder may not be funded under this Regulation.

Article 12

Support measures

1.   Community financing may cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives. Community financing shall also cover expenditure on administrative support staff employed at Commission Delegations to manage projects funded under this Regulation.

2.   Support may be financed outside the scope of Multi-annual Indicative Programmes. The Commission shall adopt such support measures in accordance with Article 9.

Article 13

Cofinancing

1.   Measures financed under this Regulation are eligible for cofinancing from the following, inter alia:

| a) | Member States, and in particular their public and para-statal agencies; |
| --- | --- |

a)

Member States, and in particular their public and para-statal agencies;

| b) | other donor countries and in particular their public and para-statal agencies; |
| --- | --- |

b)

other donor countries and in particular their public and para-statal agencies;

| c) | international and regional organisations, and in particular international and regional financial institutions; |
| --- | --- |

c)

international and regional organisations, and in particular international and regional financial institutions;

| d) | companies, firms, other private organisations and businesses, and other non-state actors referred to in Article 10(2); |
| --- | --- |

d)

companies, firms, other private organisations and businesses, and other non-state actors referred to in Article 10(2);

| e) | partner countries and regions in receipt of funding, and other bodies eligible for funding as referred to in Article 10. |
| --- | --- |

e)

partner countries and regions in receipt of funding, and other bodies eligible for funding as referred to in Article 10.

2.   In the case of parallel cofinancing, the project or programme is split into a number of clearly identifiable sub-projects, which are each financed by different partners providing cofinancing in such a way that the end-use of the financing can always be identified. In the case of joint cofinancing, the total cost of the project or programme is shared between the partners providing the cofinancing and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.

3.   In the case of joint cofinancing, the Commission may receive and manage funds on behalf of the bodies referred to in points (a), (b) and (c) of paragraph 1 for the purpose of implementing joint measures. In this case, the Commission shall implement the joint measures centrally, either directly or indirectly, by delegating the task to Community agencies or bodies set up by the Community. Such funds shall be dealt with as assigned revenue in accordance with Article 18 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 (5).

Article 14

Management procedures

1.   The measures financed under this Regulation shall be managed, monitored, evaluated and reported on in accordance with Regulation (EC, Euratom) No 1605/2002.

2.   The Commission may decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in point (c) of Article 54(2) of Regulation (EC, Euratom) No 1605/2002 if they are of recognised international standing, comply with internationally recognised systems of management and control, and are supervised by public authority.

3.   In the case of decentralised management, the Commission may decide to use the procurement or grant procedures of the beneficiary country or region.

Article 15

Budget commitments

1.   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 8, 9 and 12.

2.   The legal forms for Community financing shall include (inter alia):

| — | financing agreements; |
| --- | --- |

—

financing agreements;

| — | grant agreements; |
| --- | --- |

—

grant agreements;

| — | procurement contracts; |
| --- | --- |

—

procurement contracts;

| — | employment contract. |
| --- | --- |

—

employment contract.

Article 16

Protection of the financial interests of the Community

1.   Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to fraud, corruption and any other irregularities in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (6), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (7) and 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) (8).

2.   The agreements referred to in paragraph 1 shall expressly entitle the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on the spot, over all contractors and subcontractors who have received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (Euratom, EC) No 2185/96.

3.   All contracts resulting from the implementation of assistance shall ensure the rights of the Commission and the Court of Auditors, as provided for in paragraph 2, during and after the implementation of contracts.

Article 17

Participation and rules of origin

1.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural or legal persons from Member States.

2.   Participation in the award of procurement or grant contracts financed under this Regulation shall be also open to all natural and legal persons from:

| — | any country that is a beneficiary of the Instrument for Pre-Accession Assistance (9), |
| --- | --- |

—

any country that is a beneficiary of the Instrument for Pre-Accession Assistance (9),

| — | any non-EU Member State of the European Economic Area, and |
| --- | --- |

—

any non-EU Member State of the European Economic Area, and

| — | any other third country or territory in cases where reciprocal access to external assistance has been established. |
| --- | --- |

—

any other third country or territory in cases where reciprocal access to external assistance has been established.

3.   In the case of measures taken in any third country considered a Least Developed Country according to the criteria laid down by the OECD, participation in the award of procurement or grant contracts shall be open on a global basis.

4.   In the case of Exceptional Assistance Measures and Interim Response Programmes referred to in Article 6, participation in the award of procurement or grant contracts shall be open on a global basis.

5.   In the case of measures adopted in pursuit of the objectives referred to in Article 4, participation in the award of procurement or grant contracts shall be open, and rules of origin shall extend, to any natural or legal person of a developing country or of a country in transition, as defined by the OECD, and to natural or legal persons of any other country eligible under the relevant strategy.

6.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to international organisations.

7.   Experts proposed in the context of procedures for the award of contracts need not comply with the nationality rules set out in this Article.

8.   All supplies and materials purchased under contracts financed under this Regulation shall originate from the Community or a country eligible under paragraphs 2 to 5.

9.   Participation by natural and legal persons from third countries or territories with traditional economic, trade or geographical links to the partner country may be authorised on a case-by-case basis. The Commission may, moreover, in duly substantiated cases authorise the participation of natural and legal persons from other countries, or the use of supplies and materials of different origin.

Article 18

Prefinancing

Interest generated by prefinancing payments to the beneficiaries shall be deducted from the final payment.

Article 19

Grants

In accordance with Article 114 of Regulation (EC, Euratom) No 1605/2002 natural persons may receive grants.

Article 20

Funds made available to the European Investment Bank or other financial intermediaries

The funds referred to in point (d) of Article 11(1) shall be managed by financial intermediaries, the European Investment Bank (hereinafter referred to as ‘the EIB’) or any other bank or organisation capable of managing them. The Commission shall adopt implementing provisions for this Article, on a case-by-case basis to cover risk-sharing, the remuneration of the intermediary entrusted with the task of implementation, the use and recovery of interest on the fund and the closure of the operation.

Article 21

Evaluation

The Commission shall regularly evaluate the results and efficiency of policies and programmes and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. The Commission shall send for discussion significant evaluation reports to the Committee set up pursuant to Article 22(1). These results shall feed back into programme design and resource allocation.

TITLE IV

FINAL PROVISIONS

Article 22

Committee procedure

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at 30 days.

3.   The Committee shall adopt its Rules of Procedure.

4.   An observer from the EIB shall take part in the Committee's proceedings with regard to questions concerning the EIB.

Article 23

Report

The Commission shall examine progress achieved in implementing the measures undertaken pursuant to this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. The report shall also be addressed to the European Economic and Social Committee and the Committee of the Regions. The report shall contain information relating to the previous year on the measures financed and information on the results of monitoring and evaluation exercises and the implementation of budget commitments and payments, broken down by country, region and cooperation sector.

Article 24

Financial envelope

The financial envelope for implementation of this Regulation over the period 2007-2013 is 2 062 000 000Euro. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

In the period 2007-2013:

| a) | no more than 7 percentage points of the financial envelope shall be allocated to measures falling under point 1) of Article 4; |
| --- | --- |

a)

no more than 7 percentage points of the financial envelope shall be allocated to measures falling under point 1) of Article 4;

| b) | no more than 15 percentage points of the financial envelope shall be allocated to measures falling under point 2) of Article 4; |
| --- | --- |

b)

no more than 15 percentage points of the financial envelope shall be allocated to measures falling under point 2) of Article 4;

| c) | no more than 5 percentage points of the financial envelope shall be allocated to measures falling under point 3) of Article 4. |
| --- | --- |

c)

no more than 5 percentage points of the financial envelope shall be allocated to measures falling under point 3) of Article 4.

Article 25

Review

The Commission shall submit to the European Parliament and the Council, by 31 December 2010, a report evaluating the implementation of this Regulation in the first three years, if appropriate with a proposal introducing the modifications to the Regulation.

Article 26

Repeal

1.   As of 1 January 2007 the following Regulations are repealed:

| — | Regulation (EC) No 2130/2001 of the European Parliament and of the Council of 29 October 2001 on operations to aid uprooted people in Asian and Latin American developing countries (10); |
| --- | --- |

—

Regulation (EC) No 2130/2001 of the European Parliament and of the Council of 29 October 2001 on operations to aid uprooted people in Asian and Latin American developing countries (10);

| — | Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries (11); |
| --- | --- |

—

Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries (11);

| — | Regulation (EC) No 1724/2001 of the European Parliament and of the Council of 23 July 2001 concerning action against anti-personnel landmines in developing countries (12); |
| --- | --- |

—

Regulation (EC) No 1724/2001 of the European Parliament and of the Council of 23 July 2001 concerning action against anti-personnel landmines in developing countries (12);

| — | Council Regulation (EC) No 381/2001 of 26 February 2001 creating a rapid-reaction mechanism (13); |
| --- | --- |

—

Council Regulation (EC) No 381/2001 of 26 February 2001 creating a rapid-reaction mechanism (13);

| — | 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) (14), with the exception of Article 1a of that Regulation; |
| --- | --- |

—

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) (14), with the exception of Article 1a of that Regulation;

| — | Council Regulation (EC) No 2046/97 of 13 October 1997 on north-south cooperation in the campaign against drugs and drug addiction (15); |
| --- | --- |

—

Council Regulation (EC) No 2046/97 of 13 October 1997 on north-south cooperation in the campaign against drugs and drug addiction (15);

| — | Council Regulation (EC) No 2258/96 of 22 November 1996 on rehabilitation and reconstruction operations in developing countries (16); |
| --- | --- |

—

Council Regulation (EC) No 2258/96 of 22 November 1996 on rehabilitation and reconstruction operations in developing countries (16);

2.   The repealed Regulations shall continue to apply for legal acts and commitments implementing the budget years preceding 2007.

Article 27

Entry into force

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

It shall apply from 1 January 2007 to 31 December 2013.

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

Done at Strasbourg, ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 6 July 2006.

1

(2)  OJ L 163, 2.7.1996, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

2

(3)  OJ C 139, 14.6.2006, p. 1.

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

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

5

(6)  OJ L 312, 23.12.1995, p. 1.

6

(7)  OJ L 292, 15.11.1996, p. 2.

7

(8)  OJ L 136, 31.5.1999, p. 1.

8

(9)  Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, 31.7.2006, p. 82).

9

(10)  OJ L 287, 31.10.2001, p. 3. Regulation as last amended by Regulation (EC) No 2110/2005 (OJ L 344, 27.12.2005, p. 1).

10

(11)  OJ L 234, 1.9.2001, p. 6. Regulation as amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

11

(12)  OJ L 234, 1.9. 2001, p. 1. Regulation as amended by Regulation (EC) No 2110/2005.

12

(13)  OJ L 57, 27.2. 2001, p. 5.

13

(14)  OJ L 122, 24.5.2000, p. 27. Regulation as amended by Regulation (EC) No 2098/2003 (OJ L 316, 29.11.2003, p. 1).

14

(15)  OJ L 287, 21.10. 1997, p. 1. Regulation as amended by Regulation (EC) No 2110/2005.

15

(16)  OJ L 306, 28.11. 1996, p. 1. Regulation as amended by Regulation (EC) No 2110/2005.

16

ANNEX

STABILITY INSTRUMENT

Declaration of the Commission

The Commission will inform the Parliament in a timely manner of exceptional assistance measures adopted.

The Commission will ensure that measures adopted under article 4.1(a) in relation to the fight against terrorism and organised crime are in accordance with international law. Such measures will be targeted at countries which demonstrate a clear political will to address these problems in a manner which ensures full respect for their international human rights obligations and applicable humanitarian law. The Commission will monitor carefully the implementation of such measures to ensure compliance with these principles.

P6_TA(2006)0308

Instrument for Pre-Accession Assistance (IPA) *

European Parliament legislative resolution on the proposal for a Council regulation establishing an Instrument for Pre-Accession Assistance (IPA) (COM(2004)0627 — C6-0047/2005 — 2004/0222(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004)0627) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004)0627) (1),

| — | having regard to Article 181a of the Treaty establishing the European Community, pursuant to which the Council consulted Parliament (C6-0047/2005), |
| --- | --- |

—

having regard to Article 181a of the Treaty establishing the European Community, pursuant to which the Council consulted Parliament (C6-0047/2005),

| — | having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters, |
| --- | --- |

—

having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (2) and the related exchange of letters,

| — | having regard to the statement made by the Commission at the plenary sitting of the European Parliament of 17 May 2006 that ‘the Commission will take due account of any request made by the European Parliament to the Commission to submit a proposal to suspend or restore Community assistance and will provide a prompt and sufficiently detailed reply thereto’, |
| --- | --- |

—

having regard to the statement made by the Commission at the plenary sitting of the European Parliament of 17 May 2006 that ‘the Commission will take due account of any request made by the European Parliament to the Commission to submit a proposal to suspend or restore Community assistance and will provide a prompt and sufficiently detailed reply thereto’,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on International Trade, the Committee on Budgets, the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0155/2006), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on International Trade, the Committee on Budgets, the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0155/2006),

| 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.

| (2a) | The European Parliament has welcomed the addition, by the Treaty of Nice, of Article 181a to the Treaty establishing the European Community (the EC Treaty), but reiterated its position that, given the political and budgetary importance of pre-accession assistance, it would be highly desirable to adopt the measures necessary for the implementation of economic, financial and technical cooperation with States which are candidates for accession to the Union in accordance with the procedure laid down in Article 251 of the EC Treaty. |
| --- | --- |

(2a)

The European Parliament has welcomed the addition, by the Treaty of Nice, of Article 181a to the Treaty establishing the European Community (the EC Treaty), but reiterated its position that, given the political and budgetary importance of pre-accession assistance, it would be highly desirable to adopt the measures necessary for the implementation of economic, financial and technical cooperation with States which are candidates for accession to the Union in accordance with the procedure laid down in Article 251 of the EC Treaty.

| (11) | Assistance for Candidate Countries as well as for potential Candidate Countries should continue to support them in their efforts to strengthen democratic institutions and the rule of law, reform public administration, respect human as well as minority rights, support the development of civil society and advance regional cooperation as well as reconciliation and reconstruction, and contribute to sustainable development and poverty
  reduction
  in these countries, and should therefore be targeted to support a wide range of institution building measures, |
| --- | --- |

(11)

Assistance for Candidate Countries as well as for potential Candidate Countries should continue to support them in their efforts to strengthen democratic institutions and the rule of law, reform public administration, respect human as well as minority rights, support the development of civil society and advance regional cooperation as well as reconciliation and reconstruction, and contribute to sustainable development and poverty
  reduction
  in these countries, and should therefore be targeted to support a wide range of institution building measures,

| (11) | Assistance for candidate countries as well as for potential candidate countries

  under this Regulation, and for other entities such as individuals and non-governmental organisations under a separate instrument devoted to the promotion of human rights and democracy,
  should continue to support them in their efforts to strengthen democratic institutions and the rule of law,
  carry out economic reforms aimed at the promotion of a market economy and free and fair trade,
  reform public administration,
  prepare EU-compatible National Development Plans,
  respect human as well as minority rights,
  promote gender equality,
  support the development of civil society
  , including institution-building for NGOs, improve consumer rights,
  and advance regional cooperation as well as reconciliation and reconstruction, and contribute to sustainable development and poverty
  eradication
  in these countries, and should therefore be targeted to support a wide range of institution building measures. |
| --- | --- |

(11)

Assistance for candidate countries as well as for potential candidate countries

  under this Regulation, and for other entities such as individuals and non-governmental organisations under a separate instrument devoted to the promotion of human rights and democracy,
  should continue to support them in their efforts to strengthen democratic institutions and the rule of law,
  carry out economic reforms aimed at the promotion of a market economy and free and fair trade,
  reform public administration,
  prepare EU-compatible National Development Plans,
  respect human as well as minority rights,
  promote gender equality,
  support the development of civil society
  , including institution-building for NGOs, improve consumer rights,
  and advance regional cooperation as well as reconciliation and reconstruction, and contribute to sustainable development and poverty
  eradication
  in these countries, and should therefore be targeted to support a wide range of institution building measures.

| (13) | Assistance for potential Candidate Countries may include some alignment with the acquis communautaire as well as support for investment projects, |
| --- | --- |

(13)

Assistance for potential Candidate Countries may include some alignment with the acquis communautaire as well as support for investment projects,

| (13) | Assistance for potential candidate countries may include some alignment with the acquis communautaire,

  facilitating the formulation of EU-compatible provisional National Development Plans aiming to build institutional absorption capacity for future EU assistance, especially in the areas of rural, infrastructure and human resources development,
  as well as support for investment projects. |
| --- | --- |

(13)

Assistance for potential candidate countries may include some alignment with the acquis communautaire,

  facilitating the formulation of EU-compatible provisional National Development Plans aiming to build institutional absorption capacity for future EU assistance, especially in the areas of rural, infrastructure and human resources development,
  as well as support for investment projects.

| (14) | Assistance should be provided on the basis of a comprehensive multi-annual strategy
  , taking into account
  the priorities of the Stabilisation and Association process, as well as
  those deriving from
  the pre-accession process, |
| --- | --- |

(14)

Assistance should be provided on the basis of a comprehensive multi-annual strategy
  , taking into account
  the priorities of the Stabilisation and Association process, as well as
  those deriving from
  the pre-accession process,

| (14) | Assistance should be provided on the basis of a comprehensive multi-annual strategy
  that reflects
  the priorities of the Stabilisation and Association process,
  the domestic reform objectives of beneficiary countries,
  as well as
  the strategic priorities defined by the European Parliament for
  the pre-accession process. |
| --- | --- |

(14)

Assistance should be provided on the basis of a comprehensive multi-annual strategy
  that reflects
  the priorities of the Stabilisation and Association process,
  the domestic reform objectives of beneficiary countries,
  as well as
  the strategic priorities defined by the European Parliament for
  the pre-accession process.

| (16a) | Potential candidate countries and candidate countries who have not yet been accredited to manage funds in a decentralised manner should however be eligible, under the Transition Assistance and Institution Building component, for measures and actions of a similar nature to those which will be available under the Regional Development component, the Human Resource Development component and the Rural Development component. |
| --- | --- |

(16a)

Potential candidate countries and candidate countries who have not yet been accredited to manage funds in a decentralised manner should however be eligible, under the Transition Assistance and Institution Building component, for measures and actions of a similar nature to those which will be available under the Regional Development component, the Human Resource Development component and the Rural Development component.

| (17) | Assistance should be managed in accordance with the rules for External Aid contained in Regulation (EC) 1605/2002, making use of the structures that have proved their worth in the pre-accession process, such as decentralised management, Twinning and TAIEX, but should also allow for innovative approaches such as the implementation through Member States via shared management in case of cross-border programmes on the external borders of the European Union, |
| --- | --- |

(17)

Assistance should be managed in accordance with the rules for External Aid contained in Regulation (EC) 1605/2002, making use of the structures that have proved their worth in the pre-accession process, such as decentralised management, Twinning and TAIEX, but should also allow for innovative approaches such as the implementation through Member States via shared management in case of cross-border programmes on the external borders of the European Union,

| (17) | Assistance should be managed in accordance with the rules for External Aid contained in Regulation (EC, Euratom) No 1605/2002, making use of the structures that have proved their worth in the pre-accession process, such as decentralised management, Twinning and TAIEX, but should also allow for innovative approaches such as the implementation through Member States via shared management in case of cross-border programmes on the external borders of the European Union.
  The transfer of knowledge and expertise regarding the implementation of the acquis communautaire, from Member States with relevant experience to the beneficiaries of this Regulation, should be particularly beneficial in this context. |
| --- | --- |

(17)

Assistance should be managed in accordance with the rules for External Aid contained in Regulation (EC, Euratom) No 1605/2002, making use of the structures that have proved their worth in the pre-accession process, such as decentralised management, Twinning and TAIEX, but should also allow for innovative approaches such as the implementation through Member States via shared management in case of cross-border programmes on the external borders of the European Union.
  The transfer of knowledge and expertise regarding the implementation of the acquis communautaire, from Member States with relevant experience to the beneficiaries of this Regulation, should be particularly beneficial in this context.

| (18) | The actions necessary for the implementation of the Transition Assistance and Institution Building Component as well as the Regional and Cross-Border Co-operation Component are management measures relating to the implementation of programmes with substantial budgetary implications, they should therefore be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission, by submitting multi-annual indicative planning documents to a Management Committee, |
| --- | --- |

(18)

The actions necessary for the implementation of the Transition Assistance and Institution Building Component as well as the Regional and Cross-Border Co-operation Component are management measures relating to the implementation of programmes with substantial budgetary implications, they should therefore be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission, by submitting multi-annual indicative planning documents to a Management Committee,

| (18) | The actions necessary for the implementation of the Transition Assistance and Institution Building Component as well as the Regional and Cross-Border Co-operation Component are management measures relating to the implementation of programmes with substantial budgetary implications, they should therefore be adopted
  , having regard to the recommendation of the European Parliament,
  in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission, by submitting multi-annual indicative planning documents to a Management Committee. |
| --- | --- |

(18)

The actions necessary for the implementation of the Transition Assistance and Institution Building Component as well as the Regional and Cross-Border Co-operation Component are management measures relating to the implementation of programmes with substantial budgetary implications, they should therefore be adopted
  , having regard to the recommendation of the European Parliament,
  in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission, by submitting multi-annual indicative planning documents to a Management Committee.

| (22) | Where a beneficiary country violates the principles the European Union is founded on, or makes insufficient progress with respect to the Copenhagen Criteria and the priorities set down in the European or Accession Partnership, the Council must, on the basis of a proposal from the Commission, be in a position to take the necessary measures, |
| --- | --- |

(22)

Where a beneficiary country violates the principles the European Union is founded on, or makes insufficient progress with respect to the Copenhagen Criteria and the priorities set down in the European or Accession Partnership, the Council must, on the basis of a proposal from the Commission, be in a position to take the necessary measures,

| (22) | Where a beneficiary country violates the principles the European Union is founded on, or makes insufficient progress with respect to the Copenhagen criteria and the priorities set down in the European or Accession Partnership
  or the provisions of the Accession Treaty
  , the Council must, on the basis of a proposal from the Commission
  and after consulting the European Parliament
  , be in a position to take the necessary measures,
  in which case the Commission should initiate, within the framework of this Regulation, specific action aimed at resolving the problems hindering the pre-accession or accession process. |
| --- | --- |

(22)

Where a beneficiary country violates the principles the European Union is founded on, or makes insufficient progress with respect to the Copenhagen criteria and the priorities set down in the European or Accession Partnership
  or the provisions of the Accession Treaty
  , the Council must, on the basis of a proposal from the Commission
  and after consulting the European Parliament
  , be in a position to take the necessary measures,
  in which case the Commission should initiate, within the framework of this Regulation, specific action aimed at resolving the problems hindering the pre-accession or accession process.

| (a) | strengthening democratic institutions and the rule of law, |
| --- | --- |

(a)

strengthening democratic institutions and the rule of law,

| (a) | strengthening democratic institutions and the rule of law
  and its enforcement, and promoting accountability and transparency, |
| --- | --- |

(a)

strengthening democratic institutions and the rule of law
  and its enforcement, and promoting accountability and transparency,

| (c) | economic reform, |
| --- | --- |

(c)

economic reform,

| (c) | market-oriented
  economic reform
  to build a sustainable social, environmentally-friendly and competitive economy, by progressive price and trade liberalisation, gradual integration into the customs union, accession to the World Trade Organization (WTO) and the implementation of WTO rules and those resulting from the Doha Development Agenda
  , |
| --- | --- |

(c)

market-oriented
  economic reform
  to build a sustainable social, environmentally-friendly and competitive economy, by progressive price and trade liberalisation, gradual integration into the customs union, accession to the World Trade Organization (WTO) and the implementation of WTO rules and those resulting from the Doha Development Agenda
  ,

| (ca) | preparation of EU-compatible provisional National Development Plans aimed at building institutional absorption capacity for future EU assistance, especially in the areas of rural, infrastructure and human resources development, |
| --- | --- |

(ca)

| (da) | the promotion of gender equality, |
| --- | --- |

(da)

| (e) | the development of civil society, |
| --- | --- |

(e)

the development of civil society,

| (e) | the development of civil society,
  citizenship and free, independent media
  ,
  including institutional development and support for non-governmental organisations
  , |
| --- | --- |

(e)

the development of civil society,
  citizenship and free, independent media
  ,
  including institutional development and support for non-governmental organisations
  ,

| (ea) | the economic and social integration of vulnerable groups, particularly women, |
| --- | --- |

(ea)

| (f) | reconciliation, confidence building measures and reconstruction, |
| --- | --- |

(f)

reconciliation, confidence building measures and reconstruction,

| (f) | reconciliation,
  return of refugees,
  confidence building measures and reconstruction, |
| --- | --- |

(f)

reconciliation,
  return of refugees,
  confidence building measures and reconstruction,

| (b) | social and economic development, |
| --- | --- |

(b)

social and economic development,

| (b) | social, economic
  and territorial
  development
  and cohesion
  . |
| --- | --- |

(b)

social, economic
  and territorial
  development
  and cohesion
  .

3.   Acting in accordance with the procedure set down in Article 11 (1) (a) of this Regulation, the Commission shall adopt rules for the implementation of this Regulation. Where these rules concern the implementation of Article 7 to 9 of this Regulation, the Committees responsible for the Component in question shall be consulted first, following the procedure set down in Article 3 of Decision 1999/468/EC, in compliance with Article 7 (3) thereof.

3.   Acting in accordance with the procedure set down in Article 11 (1) (a) of this Regulation, the Commission shall adopt rules for the implementation of this Regulation. Where these rules concern the implementation of Article 7 to 9 of this Regulation, the Committees responsible for the Component in question shall be consulted first, following the procedure set down in Article 3 of Decision 1999/468/EC, in compliance with Article 7 (3) thereof.
  The implementing instruments shall be presented to the European Parliament for its opinion before their adoption.

1.   The Commission shall, on the basis of a strategic approach, taking into consideration the financial perspective, as well as the European Partnerships and Accession Partnerships, establish an indicative multi-annual framework with an allocation of funds by component and country, and where appropriate per theme. This shall be reviewed annually, taking into account a set of objective criteria including absorption capacity, needs assessment, respect of conditionalities, and capacity of management. It shall also be reviewed, where appropriate, in view exceptional assistance measures or interim response programmes adopted under the Regulation establishing the Stability Instrument. The funds allocated to cross-border co-operation programmes with Member States shall be at least equivalent to the corresponding financing from the European Regional Development Fund.

1.   The Commission
  , having regard to the recommendation of the European Parliament,
  shall, on the basis of a strategic approach, taking into consideration the financial perspective, as well as the European Partnerships and Accession Partnerships, establish an indicative multi-annual framework with an allocation of funds by component and country, and where appropriate per theme. This shall be reviewed annually
  having regard to the recommendation of the European Parliament
  , taking into account a set of objective criteria including absorption capacity, needs assessment, respect of conditionalities, and capacity of management. It shall also be reviewed
  by a similar procedure
  , where appropriate, in view exceptional assistance measures or interim response programmes adopted under the Regulation establishing the Stability Instrument. The funds allocated to cross-border co-operation programmes with Member States shall be at least equivalent to the corresponding financing from the European Regional Development Fund.

2.   The indicative multi-annual framework shall be communicated annually by the Commission to the Council and the European Parliament.

2.   The indicative multi-annual framework shall be communicated
  in due time
  annually by the Commission to the Council and the European Parliament.
  In its annual report, the Commission shall set out in detail the extent to which the European Parliament's recommendations have been taken into consideration. Should it deviate from the recommendations of the European Parliament, the Commission shall give its reasons for doing so.

2a.
     
  The procedure provided for under paragraphs 1 and 2 shall be without prejudice to the European Parliament's prerogatives as budgetary authority under the Treaty.

2.   Such cooperation shall have the objective of fostering stability, security
  and
  prosperity in the mutual interest of all countries concerned, and of encouraging their harmonious, balanced and sustainable development.

2.   Such cooperation shall have the objective of
  promoting good neighbourly relations,
  fostering stability, security
  ,
  prosperity
  and social cohesion
  in the mutual interest of all countries concerned, and of encouraging their harmonious, balanced and sustainable development.

2a.
     
  In exceptional cases, where, in absence of agreement between a Member State and a beneficiary country, implementation tasks of a cross-border programme cannot be delegated to Member States, those tasks may be administered in some other appropriate way in accordance with Regulation (EC, Euratom) No 1605/2002. The Commission shall ensure coordination and consistency between assistance provided by this Regulation and assistance provided by other Community instruments.

5a.
     Before their implementation, the Commission shall inform the European Parliament about the Community's aid programmes under this Regulation. In order for this ex-ante control to be carried out, the Commission's reports shall include all information concerning the actions proposed, the beneficiaries thereof and the respective financing operations.

3a.
     
  The Commission shall report to the European Parliament on the proceedings of the Committees.

1.   Assistance under this Regulation may, inter alia, finance investments, procurement contracts, grants, including interest rate subsidies, special loans, loan guarantees and financial assistance,
  budgetary support, and other specific forms of budgetary aid,
  and the contribution to the capital of international financial institutions or the regional development banks.
  Budgetary support is contingent on the administration of public finances of the Partner Country being sufficiently transparent, reliable and efficient, and on well-defined sectorial or macroeconomic policies approved by international financing institutions having been put in place.

1.   Assistance under this Regulation may, inter alia, finance investments, procurement contracts, grants, including interest rate subsidies, special loans, loan guarantees and financial assistance, and the contribution to the capital of international financial institutions or the regional development banks.

Implementation of Assistance

Implementation of Assistance
  and its Visibility

2a.
     
  The Commission shall promote detailed information and publicity about the projects and programmes financed in order to raise public awareness about the Community action and its objectives.

2b.
     
  The Commission shall ensure consistency between assistance provided under this Regulation and assistance provided under other external assistance instruments including a separate instrument devoted to the promotion of human rights and democracy, as well as Member States' bilateral operations and funding from the EIB, other international organisations and regional development banks.

2.   Where a beneficiary country fails to respect these principles or the commitments contained in the relevant Partnership with the European Union or progress toward fulfilment of the accession criteria is insufficient, the Council, acting by qualified majority on a proposal from the Commission, may take appropriate steps with regard to any assistance granted under this Regulation.

2.   Where a beneficiary country fails to respect these principles or the commitments contained in the relevant Partnership with
  or Accession Treaty to
  the European Union or progress toward fulfilment of the accession criteria is insufficient, the Council, acting by a qualified majority on a proposal from the Commission
  and after consulting the European Parliament
  , may take appropriate steps with regard to any assistance granted under this Regulation.
  In that case, the Commission shall initiate, within the framework of this Regulation, specific action aimed at resolving the problems hindering the pre-accession or accession process.

2a.
     
  The European Parliament may request the Commission to submit a proposal to the Council pursuant to paragraph 2 on taking appropriate steps with regard to any assistance granted under this Regulation. The Commission shall submit its proposal to the Council within 3 months of receiving the request, or shall give its reasons for not doing so.

If a beneficiary country listed in Annex I of this Regulation is, pursuant to a decision of the Council acting under Art. 49, paragraph 1, first sentence of the Treaty on European Union, granted Candidate status, the Council, acting by qualified majority on the basis of a proposal from the Commission will transfer that country from Annex I to Annex II.

1.
     If a beneficiary country listed in Annex I of this regulation is, pursuant to a decision of the Council acting under Article 49, paragraph 1, first sentence of the Treaty on European Union, granted Candidate status, the Council, acting by a qualified majority on the basis of a proposal from the Commission
  , and after consulting the European Parliament,
  will transfer that country from Annex I to Annex II.

1a.
     
  If the European Council recognises a State as a potential candidate for membership of the European Union, the Council, acting by a qualified majority on the basis of a proposal from the Commission, and after consulting the European Parliament, shall include that country in Annex I.

Article 20a

1.
     
  Not later than 30 June 2010, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Regulation together with a legislative proposal introducing the necessary modifications.

2.
     
  The European Parliament and the Council, acting on a proposal by the Commission, shall re-examine this Regulation by 31 December 2013.

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

P6_TA(2006)0309

Implementing powers conferred on the Commisison (Interinstitutional agreement)

European Parliament decision on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI))

The European Parliament,

| — | having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof,

| — | having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1), |
| --- | --- |

—

having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

| — | having regard to the Commission proposal for a Council Decision amending Decision 1999/468/EC (COM(2002)0719) (2), |
| --- | --- |

—

having regard to the Commission proposal for a Council Decision amending Decision 1999/468/EC (COM(2002)0719) (2),

| — | having regard to the declaration of former Commission President Prodi before the European Parliament of 5 February 2002 (the ‘Prodi Declaration’), |
| --- | --- |

—

having regard to the declaration of former Commission President Prodi before the European Parliament of 5 February 2002 (the ‘Prodi Declaration’),

| — | having regard to its position of 2 September 2003 (3), |
| --- | --- |

—

having regard to its position of 2 September 2003 (3),

| — | having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (4), |
| --- | --- |

—

having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (4),

| — | having regard to the amended proposal from the Commission (COM(2004)0324) (5), |
| --- | --- |

—

having regard to the amended proposal from the Commission (COM(2004)0324) (5),

| — | having regard to the draft Council Decision (10126/1/2006 — C6-0190/2006) (6), |
| --- | --- |

—

having regard to the draft Council Decision (10126/1/2006 — C6-0190/2006) (6),

| — | having regard to the draft joint statement (10125/2006 — C6-0208/2006), |
| --- | --- |

—

having regard to the draft joint statement (10125/2006 — C6-0208/2006),

| — | having regard to Rule 120(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 120(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A6-0237/2006), Whereas, |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A6-0237/2006), Whereas,

| A. | the Council and the Commission agreed last autumn to open talks on the possibilities for carrying on the reform of the comitology procedures on the basis of the Commission's amended proposal, |
| --- | --- |

A.

the Council and the Commission agreed last autumn to open talks on the possibilities for carrying on the reform of the comitology procedures on the basis of the Commission's amended proposal,

| B. | the Conference of Presidents decided on 10 November 2005 to begin discussions with the Council and the Commission on the comitology procedures and gave a mandate to this end to the Chairman of the Conference of Committee Chairmen and the Rapporteur of the committee responsible, which was renewed on 19 January 2006, |
| --- | --- |

B.

the Conference of Presidents decided on 10 November 2005 to begin discussions with the Council and the Commission on the comitology procedures and gave a mandate to this end to the Chairman of the Conference of Committee Chairmen and the Rapporteur of the committee responsible, which was renewed on 19 January 2006,

| C. | these talks have led to a draft for a new procedure and draft statements in connection with the decision to be taken on this procedure, |
| --- | --- |

C.

these talks have led to a draft for a new procedure and draft statements in connection with the decision to be taken on this procedure,

| D. | the Decision will introduce into the 1999 Decision on comitology a new procedure, known as the ‘regulatory procedure with scrutiny’, which will entitle the European Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an instrument adopted by codecision on an equal footing and to reject such measures, |
| --- | --- |

D.

the Decision will introduce into the 1999 Decision on comitology a new procedure, known as the ‘regulatory procedure with scrutiny’, which will entitle the European Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an instrument adopted by codecision on an equal footing and to reject such measures,

| E. | the Treaty establishing a Constitution for Europe signed by all Heads of Government and State grants Parliament the right to revoke the delegation of powers (Article I-36). The final compromise text for a new regulatory procedure with scrutiny does not provide for such a right for the Parliament. The right to revoke a delegation of powers will therefore remain one of the key demands of the European Parliament, something which could be achieved notably by the Constitutional Treaty, |
| --- | --- |

E.

the Treaty establishing a Constitution for Europe signed by all Heads of Government and State grants Parliament the right to revoke the delegation of powers (Article I-36). The final compromise text for a new regulatory procedure with scrutiny does not provide for such a right for the Parliament. The right to revoke a delegation of powers will therefore remain one of the key demands of the European Parliament, something which could be achieved notably by the Constitutional Treaty,

| F. | the decision will be accompanied by a joint statement by the European Parliament, the Council and the Commission, a statement by the Commission to be recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure, |
| --- | --- |

F.

the decision will be accompanied by a joint statement by the European Parliament, the Council and the Commission, a statement by the Commission to be recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure,

| G. | these statements reflect important points brought into the negotiations by the three institutions, without which the compromise on the new procedure would not have been achieved and its practical effect would not have been secured, |
| --- | --- |

G.

these statements reflect important points brought into the negotiations by the three institutions, without which the compromise on the new procedure would not have been achieved and its practical effect would not have been secured,

| 1. | Approves the conclusion of the agreement taking the form of a joint statement annexed to this decision; |
| --- | --- |

1.

Approves the conclusion of the agreement taking the form of a joint statement annexed to this decision;

| 2. | Takes note of the statement by the Commission concerning its undertaking to take transparency measures, made in connection with the joint statement; |
| --- | --- |

2.

Takes note of the statement by the Commission concerning its undertaking to take transparency measures, made in connection with the joint statement;

| 3. | Takes note of the statements by the Commission concerning the language regime and the starting point of the period for scrutiny and the alignment of acts in force made on the same occasion; |
| --- | --- |

3.

Takes note of the statements by the Commission concerning the language regime and the starting point of the period for scrutiny and the alignment of acts in force made on the same occasion;

| 4. | Instructs its President to forward this decision to the Council and Commission, for information. |
| --- | --- |

4.

Instructs its President to forward this decision to the Council and Commission, for information.

Statement of the European Parliament, the Council and the Commission

| 1. | The European Parliament, the Council and the Commission welcome the forthcoming adoption of the Council Decision amending Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). The inclusion in the 1999 Decision of a new procedure, known as the ‘regulatory procedure with scrutiny’, will enable the legislator to scrutinise the adoption of ‘quasi-legislative’ measures implementing an instrument adopted by codecision. |
| --- | --- |

1.

The European Parliament, the Council and the Commission welcome the forthcoming adoption of the Council Decision amending Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). The inclusion in the 1999 Decision of a new procedure, known as the ‘regulatory procedure with scrutiny’, will enable the legislator to scrutinise the adoption of ‘quasi-legislative’ measures implementing an instrument adopted by codecision.

| 2. | The European Parliament, the Council and the Commission emphasise that, in the context of the existing Treaty, this Decision provides a horizontal and satisfactory solution to the European Parliament's wish to scrutinise the implementation of instruments adopted under the codecision procedure. |
| --- | --- |

2.

The European Parliament, the Council and the Commission emphasise that, in the context of the existing Treaty, this Decision provides a horizontal and satisfactory solution to the European Parliament's wish to scrutinise the implementation of instruments adopted under the codecision procedure.

| 3. | Without prejudice to the rights of the legislative authorities, the European Parliament and the Council recognise that the principles of good legislation require that implementing powers be conferred on the Commission without time-limit. However, where an adaptation is necessary within a specified period, the European Parliament, the Council and the Commission consider that a clause requesting the Commission to submit a proposal to revise or abrogate the provisions concerning the delegation of implementing powers could strengthen the scrutiny exercised by the legislator. |
| --- | --- |

3.

Without prejudice to the rights of the legislative authorities, the European Parliament and the Council recognise that the principles of good legislation require that implementing powers be conferred on the Commission without time-limit. However, where an adaptation is necessary within a specified period, the European Parliament, the Council and the Commission consider that a clause requesting the Commission to submit a proposal to revise or abrogate the provisions concerning the delegation of implementing powers could strengthen the scrutiny exercised by the legislator.

| 4. | This new procedure will apply following its entry into force to the quasi-legislative measures provided for in instruments adopted in accordance with the codecision procedure, including those provided for in instruments to be adopted in future in the financial services field (Lamfalussy instruments). However, for it to be applicable to instruments adopted by codecision which are already in force, those instruments must be adjusted in accordance with the applicable procedures, so as to replace the regulatory procedure laid down in Article 5 of Decision 1999/468/EC by the regulatory procedure with scrutiny, wherever there are measures which fall within its scope. |
| --- | --- |

4.

This new procedure will apply following its entry into force to the quasi-legislative measures provided for in instruments adopted in accordance with the codecision procedure, including those provided for in instruments to be adopted in future in the financial services field (Lamfalussy instruments). However, for it to be applicable to instruments adopted by codecision which are already in force, those instruments must be adjusted in accordance with the applicable procedures, so as to replace the regulatory procedure laid down in Article 5 of Decision 1999/468/EC by the regulatory procedure with scrutiny, wherever there are measures which fall within its scope.

| 5. | The European Parliament, the Council and the Commission consider that the following instruments should be adjusted as a matter of urgency:






  (a) | Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (not yet published in the Official Journal); |
| --- | --- | --- |

5.

The European Parliament, the Council and the Commission consider that the following instruments should be adjusted as a matter of urgency:

(a)

Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (not yet published in the Official Journal);

| (b) | Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 re-casting Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions (not yet published in the Official Journal); |
| --- | --- |

(b)

Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 re-casting Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions (not yet published in the Official Journal);

| (c) | Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 re-casting Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions (not yet published in the Official Journal); |
| --- | --- |

(c)

Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 re-casting Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions (not yet published in the Official Journal);

| (d) | Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87); |
| --- | --- |

(d)

Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87);

| (e) | Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1); |
| --- | --- |

(e)

Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1);

| (f) | Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15); |
| --- | --- |

(f)

Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15);

| (g) | Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 29); |
| --- | --- |

(g)

Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 29);

| (h) | Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9); |
| --- | --- |

(h)

Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9);

| (i) | Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1); |
| --- | --- |

(i)

Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1);

| (j) | Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38); |
| --- | --- |

(j)

Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38);

| (k) | Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1); |
| --- | --- |

(k)

Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1);

| (l) | Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64); |
| --- | --- |

(l)

Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64);

| (m) | Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1); |
| --- | --- |

(m)

Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1);

| (n) | Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ L 235, 23.9.2003, p. 10); |
| --- | --- |

(n)

Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ L 235, 23.9.2003, p. 10);

| (o) | Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ L 96, 12.4.2003, p. 16); |
| --- | --- |

(o)

Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ L 96, 12.4.2003, p. 16);

| (p) | Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24); |
| --- | --- |

(p)

Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24);

| (q) | Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37, 13.2.2003, p. 19); |
| --- | --- |

(q)

Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37, 13.2.2003, p. 19);

| (r) | Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1); |
| --- | --- |

(r)

Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1);

| (s) | Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1); |
| --- | --- |

(s)

Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1);

| (t) | Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses (OJ L 41, 13.2.2002, p. 20); |
| --- | --- |

(t)

Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses (OJ L 41, 13.2.2002, p. 20);

| (u) | Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67); |
| --- | --- |

(u)

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67);

| (v) | Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1); |
| --- | --- |

(v)

Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1);

| (w) | Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1); |
| --- | --- |

(w)

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1);

| (x) | Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34); |
| --- | --- |

(x)

Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34);

| (y) | Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1); |
| --- | --- |

(y)

Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1);

To this end, the Commission has indicated that it will shortly submit proposals to the European Parliament and the Council for the amendment of the instruments referred to above, so as to introduce the regulatory procedure with scrutiny and consequently repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission. The European Parliament and the Council will ensure that the proposals are adopted as rapidly as possible.

| 6. | In accordance with the Interinstitutional Agreement of 16 December 2003 on better law-making (8), the European Parliament, the Council and the Commission draw attention to the important role played by implementing measures in legislation. In addition, they consider that the general principles of the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (9) should apply in any event to measures of general scope adopted under the new regulatory procedure with scrutiny. |
| --- | --- |

6.

In accordance with the Interinstitutional Agreement of 16 December 2003 on better law-making (8), the European Parliament, the Council and the Commission draw attention to the important role played by implementing measures in legislation. In addition, they consider that the general principles of the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (9) should apply in any event to measures of general scope adopted under the new regulatory procedure with scrutiny.

---

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

(2)  Not yet published in OJ.

(3)  OJ C 76 E, 25.3.2004, p. 82.

(4)  OJ C 284 E, 21.11.2002, p. 115.

(5)  Not yet published in OJ.

(6)  Not yet published in OJ.

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

(8)  OJ C 321, 31.12.2003, p. 1.

(9)  OJ C 73, 17.3.1999, p. 1.

P6_TA(2006)0310

Implementing powers conferred on the Commission (procedures) *

European Parliament legislative resolution on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (10126/1/2006 — C6-0190/2006 — 2002/0298(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof,

| — | having regard to Article I-36 of the Treaty establishing a Constitution for Europe (1), |
| --- | --- |

—

having regard to Article I-36 of the Treaty establishing a Constitution for Europe (1),

| — | having regard to the draft Council Decision (10126/1/2006) (2), |
| --- | --- |

—

having regard to the draft Council Decision (10126/1/2006) (2),

| — | having regard to the Commission proposal to the Council (COM(2002)0719) (3) and the amended proposal (COM(2004)0324) (4), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002)0719) (3) and the amended proposal (COM(2004)0324) (4),

| — | having regard to its position of 2 September 2003 (5), |
| --- | --- |

—

having regard to its position of 2 September 2003 (5),

| — | having been reconsulted by the Council pursuant to Article 202 of the EC Treaty (C6-0190/2006), |
| --- | --- |

—

having been reconsulted by the Council pursuant to Article 202 of the EC Treaty (C6-0190/2006),

| — | having regard to Rules 51 and 55(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 55(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A6-0236/2006), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A6-0236/2006),

| 1. | Approves the draft Council Decision; |
| --- | --- |

1.

Approves the draft Council Decision;

| 2. | Asks its competent committee to examine whether it would be appropriate to modify the Rules of Procedure, and in particular Rule 81, so as to enable Parliament to make use of its rights under the new regulatory procedure with scrutiny under the best possible conditions; |
| --- | --- |

2.

Asks its competent committee to examine whether it would be appropriate to modify the Rules of Procedure, and in particular Rule 81, so as to enable Parliament to make use of its rights under the new regulatory procedure with scrutiny under the best possible conditions;

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

3.

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

---

(1)  OJ C 310, 16.12.2004, p. 1.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

(4)  Not yet published in OJ.

(5)  OJ C 76 E, 25.3.2004, p. 82.

P6_TA(2006)0311

Payer information with transfers of funds ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds (COM(2005)0343 — C6-0246/2005 — 2005/0138(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0343) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0343) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0246/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0246/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0196/2006), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0196/2006),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0138

Position of the European Parliament adopted at first reading on 6 July 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on information on the payer accompanying transfers of funds

(Text with EEA relevance)

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 Central Bank (1),

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

Whereas:

| (1) | Flows of dirty money through transfers of funds can damage the stability and reputation of the financial sector and threaten the internal market. Terrorism shakes the very foundations of our society. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes. |
| --- | --- |

(1)

Flows of dirty money through transfers of funds can damage the stability and reputation of the financial sector and threaten the internal market. Terrorism shakes the very foundations of our society. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes.

| (2) | In order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area, unless certain coordinating measures are adopted at Community level. By its scale, Community action should ensure that Special Recommendation VII on wire transfers (SR VII) of the Financial Action Task Force (FATF) established by the Paris G7 Summit of 1989 is transposed uniformly throughout the European Union, and, in particular, that there is no discrimination between national payments within a Member State and cross-border payments between Member States. Uncoordinated action by Member States alone in the field of cross-border transfers of funds could have a significant impact on the smooth functioning of payment systems at EU level, and therefore damage the internal market in the field of financial services. |
| --- | --- |

(2)

In order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area, unless certain coordinating measures are adopted at Community level. By its scale, Community action should ensure that Special Recommendation VII on wire transfers (SR VII) of the Financial Action Task Force (FATF) established by the Paris G7 Summit of 1989 is transposed uniformly throughout the European Union, and, in particular, that there is no discrimination between national payments within a Member State and cross-border payments between Member States. Uncoordinated action by Member States alone in the field of cross-border transfers of funds could have a significant impact on the smooth functioning of payment systems at EU level, and therefore damage the internal market in the field of financial services.

| (3) | In the wake of the terrorist attacks in the USA on 11 September 2001, the extraordinary European Council on 21 September 2001 reiterated that the fight against terrorism is a key objective of the European Union. The European Council approved a plan of action dealing with enhanced police and judicial cooperation, developing international legal instruments against terrorism, preventing terrorist funding, strengthening air security and greater consistency between all relevant policies. This plan of action was revised by the European Council following the terrorist attacks of 11 March 2004 in Madrid, and now specifically addresses the need to ensure that the legislative framework created by the Community for the purpose of combating terrorism and improving judicial cooperation is adapted to the nine Special Recommendations against Terrorist Financing adopted by the FATF. |
| --- | --- |

(3)

In the wake of the terrorist attacks in the USA on 11 September 2001, the extraordinary European Council on 21 September 2001 reiterated that the fight against terrorism is a key objective of the European Union. The European Council approved a plan of action dealing with enhanced police and judicial cooperation, developing international legal instruments against terrorism, preventing terrorist funding, strengthening air security and greater consistency between all relevant policies. This plan of action was revised by the European Council following the terrorist attacks of 11 March 2004 in Madrid, and now specifically addresses the need to ensure that the legislative framework created by the Community for the purpose of combating terrorism and improving judicial cooperation is adapted to the nine Special Recommendations against Terrorist Financing adopted by the FATF.

| (4) | In order to prevent terrorist funding, measures aimed at the freezing of funds and economic resources of certain persons, groups and entities have been taken, including Regulation (EC) No 2580/2001 (3), and Regulation (EC) No 881/2002 (4). To that same end, measures aimed at protecting the financial system against the channelling of funds and economic resources for terrorist purposes have been taken. Directive 2005/60/EC (5) contains a number of measures aimed at combating the misuse of the financial system for the purpose of money laundering and terrorist financing. Those measures do not, however, fully prevent terrorists and other criminals from having access to payment systems for moving their funds. |
| --- | --- |

(4)

In order to prevent terrorist funding, measures aimed at the freezing of funds and economic resources of certain persons, groups and entities have been taken, including Regulation (EC) No 2580/2001 (3), and Regulation (EC) No 881/2002 (4). To that same end, measures aimed at protecting the financial system against the channelling of funds and economic resources for terrorist purposes have been taken. Directive 2005/60/EC (5) contains a number of measures aimed at combating the misuse of the financial system for the purpose of money laundering and terrorist financing. Those measures do not, however, fully prevent terrorists and other criminals from having access to payment systems for moving their funds.

| (5) | In order to foster a coherent approach in the international context in the field of combating money laundering and terrorist financing, further Community action should take account of developments at that level, namely the nine Special Recommendations against Terrorist Financing adopted by the FATF, and in particular SR VII and the revised interpretative note for its implementation. |
| --- | --- |

(5)

In order to foster a coherent approach in the international context in the field of combating money laundering and terrorist financing, further Community action should take account of developments at that level, namely the nine Special Recommendations against Terrorist Financing adopted by the FATF, and in particular SR VII and the revised interpretative note for its implementation.

| (6) | The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information on the payer throughout the payment chain, to provide for a system imposing the obligation on payment service providers to have transfers of funds accompanied by accurate and meaningful information on the payer. |
| --- | --- |

(6)

The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information on the payer throughout the payment chain, to provide for a system imposing the obligation on payment service providers to have transfers of funds accompanied by accurate and meaningful information on the payer.

| (7) | The provisions of this Regulation apply without prejudice to Directive 95/46/EC (6). For example, information collected and kept for the purpose of this Regulation should not be used for commercial purposes. |
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(7)

The provisions of this Regulation apply without prejudice to Directive 95/46/EC (6). For example, information collected and kept for the purpose of this Regulation should not be used for commercial purposes.

| (8) | Persons who merely convert paper documents into electronic data and are acting under a contract with a payment service provider do not fall within the scope of this Regulation; the same applies to any natural or legal person who provides payment service providers solely with messaging or other support systems for transmitting funds or with clearing and settlement systems. |
| --- | --- |

(8)

Persons who merely convert paper documents into electronic data and are acting under a contract with a payment service provider do not fall within the scope of this Regulation; the same applies to any natural or legal person who provides payment service providers solely with messaging or other support systems for transmitting funds or with clearing and settlement systems.

| (9) | It is appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover credit or debit cards, Automated Teller Machine (ATM) withdrawals, direct debits, truncated cheques, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer. Where Member States have applied the derogation for electronic money in Directive 2005/60/EC, it should be applied under this Regulation, provided the amount transacted does not exceed 1 000Euro. |
| --- | --- |

(9)

It is appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover credit or debit cards, Automated Teller Machine (ATM) withdrawals, direct debits, truncated cheques, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer. Where Member States have applied the derogation for electronic money in Directive 2005/60/EC, it should be applied under this Regulation, provided the amount transacted does not exceed 1 000Euro.

| (10) | The exemption for electronic money, as defined by Directive 2000/46/EC (7), covers electronic money irrespective of whether the issuer of such money benefits from a waiver under Article 8 of that Directive. |
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(10)

The exemption for electronic money, as defined by Directive 2000/46/EC (7), covers electronic money irrespective of whether the issuer of such money benefits from a waiver under Article 8 of that Directive.

| (11) | In order not to impair the efficiency of payment systems, the verification requirements for transfers of funds made from an account should be separate from those for transfers of funds not made from an account. In order to balance the risk of driving transactions underground by imposing overly strict identification requirements against the potential terrorist threat posed by small transfers of funds, the obligation to check whether the information on the payer is accurate should, in the case of transfers of funds not made from an account, be imposed only in respect of individual transfers of funds that exceed 1 000Euro, without prejudice to the obligations under Directive 2005/60/EC. For transfers of funds made from an account, payment service providers should not be required to verify information on the payer accompanying each transfer of funds, where the obligations under Directive 2005/60/EC have been met. |
| --- | --- |

(11)

In order not to impair the efficiency of payment systems, the verification requirements for transfers of funds made from an account should be separate from those for transfers of funds not made from an account. In order to balance the risk of driving transactions underground by imposing overly strict identification requirements against the potential terrorist threat posed by small transfers of funds, the obligation to check whether the information on the payer is accurate should, in the case of transfers of funds not made from an account, be imposed only in respect of individual transfers of funds that exceed 1 000Euro, without prejudice to the obligations under Directive 2005/60/EC. For transfers of funds made from an account, payment service providers should not be required to verify information on the payer accompanying each transfer of funds, where the obligations under Directive 2005/60/EC have been met.

| (12) | Against the background of Regulation (EC) No 2560/2001 (8) and the Commission Communication ‘A New Legal Framework for Payments in the Internal Market’ (9), it is sufficient to provide for simplified information on the payer to accompany transfers of funds within the Community. |
| --- | --- |

(12)

Against the background of Regulation (EC) No 2560/2001 (8) and the Commission Communication ‘A New Legal Framework for Payments in the Internal Market’ (9), it is sufficient to provide for simplified information on the payer to accompany transfers of funds within the Community.

| (13) | In order to allow the authorities responsible for combating money laundering or terrorist financing in third countries to trace the source of funds used for those purposes, transfers of funds from the Community to outside the Community should carry complete information on the payer. Those authorities should be granted access to complete information on the payer only for the purposes of preventing, investigating and detecting money laundering or terrorist financing. |
| --- | --- |

(13)

In order to allow the authorities responsible for combating money laundering or terrorist financing in third countries to trace the source of funds used for those purposes, transfers of funds from the Community to outside the Community should carry complete information on the payer. Those authorities should be granted access to complete information on the payer only for the purposes of preventing, investigating and detecting money laundering or terrorist financing.

| (14) | For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Community to outside the Community, provision should be made for such individual transfers to carry only the account number of the payer or a unique identifier provided that the batch file contains complete information on the payer. |
| --- | --- |

(14)

For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Community to outside the Community, provision should be made for such individual transfers to carry only the account number of the payer or a unique identifier provided that the batch file contains complete information on the payer.

| (15) | In order to check whether the required information on the payer accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee should have effective procedures in place in order to detect whether information on the payer is missing. |
| --- | --- |

(15)

In order to check whether the required information on the payer accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee should have effective procedures in place in order to detect whether information on the payer is missing.

| (16) | Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to enable the payment service provider of the payee to avoid or correct such situations when it becomes aware that information on the payer is missing or incomplete. In this regard, flexibility should be allowed as concerns the extent of information on the payer on a risk-sensitive basis. In addition, the accuracy and completeness of information on the payer should remain the responsibility of the payment service provider of the payer. Where the payment service provider of the payer is situated outside the territory of the Community, enhanced customer due diligence should be applied, in accordance with Directive 2005/60/EC, in respect of cross-border correspondent banking relationships with that payment service provider. |
| --- | --- |

(16)

Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to enable the payment service provider of the payee to avoid or correct such situations when it becomes aware that information on the payer is missing or incomplete. In this regard, flexibility should be allowed as concerns the extent of information on the payer on a risk-sensitive basis. In addition, the accuracy and completeness of information on the payer should remain the responsibility of the payment service provider of the payer. Where the payment service provider of the payer is situated outside the territory of the Community, enhanced customer due diligence should be applied, in accordance with Directive 2005/60/EC, in respect of cross-border correspondent banking relationships with that payment service provider.

| (17) | Where guidance is given by national competent authorities as regards the obligations either to reject all transfers from a payment service provider which regularly fails to supply the required information on the payer or to decide whether or not to restrict or terminate a business relationship with that payment service provider, it should inter alia be based on the convergence of best practices and should also take into account the fact that the revised interpretative note to SR VII of the FATF allows third countries to set a threshold of 1 000Euro or USD 1 000 for the obligation to send information on the payer, without prejudice to the objective of efficiently combating money laundering and terrorist financing. |
| --- | --- |

(17)

Where guidance is given by national competent authorities as regards the obligations either to reject all transfers from a payment service provider which regularly fails to supply the required information on the payer or to decide whether or not to restrict or terminate a business relationship with that payment service provider, it should inter alia be based on the convergence of best practices and should also take into account the fact that the revised interpretative note to SR VII of the FATF allows third countries to set a threshold of 1 000Euro or USD 1 000 for the obligation to send information on the payer, without prejudice to the objective of efficiently combating money laundering and terrorist financing.

| (18) | In any event, the payment service provider of the payee should exercise special vigilance, assessing the risks, when it becomes aware that information on the payer is missing or incomplete, and should report suspicious transactions to the competent authorities, in accordance with the reporting obligations set out in Directive 2005/60/EC and national implementing measures. |
| --- | --- |

(18)

In any event, the payment service provider of the payee should exercise special vigilance, assessing the risks, when it becomes aware that information on the payer is missing or incomplete, and should report suspicious transactions to the competent authorities, in accordance with the reporting obligations set out in Directive 2005/60/EC and national implementing measures.

| (19) | The provisions on transfers of funds where information on the payer is missing or incomplete apply without prejudice to any obligations on payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. |
| --- | --- |

(19)

The provisions on transfers of funds where information on the payer is missing or incomplete apply without prejudice to any obligations on payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law.

| (20) | Until technical limitations that may prevent intermediary payment service providers from satisfying the obligation to transmit all the information they receive on the payer are removed, those intermediary payment service providers should keep records of that information. Such technical limitations should be removed as soon as payment systems are upgraded. |
| --- | --- |

(20)

Until technical limitations that may prevent intermediary payment service providers from satisfying the obligation to transmit all the information they receive on the payer are removed, those intermediary payment service providers should keep records of that information. Such technical limitations should be removed as soon as payment systems are upgraded.

| (21) | Since in criminal investigations it may not be possible to identify the data required or the individuals involved until many months, or even years, after the original transfer of funds, it is appropriate to require payment service providers to keep records of information on the payer for the purposes of preventing, investigating and detecting money laundering or terrorist financing. This period should be limited. |
| --- | --- |

(21)

Since in criminal investigations it may not be possible to identify the data required or the individuals involved until many months, or even years, after the original transfer of funds, it is appropriate to require payment service providers to keep records of information on the payer for the purposes of preventing, investigating and detecting money laundering or terrorist financing. This period should be limited.

| (22) | To enable prompt action to be taken in the fight against terrorism, payment service providers should respond promptly to requests for information on the payer from the authorities responsible for combating money laundering or terrorist financing in the Member State where they are situated. |
| --- | --- |

(22)

To enable prompt action to be taken in the fight against terrorism, payment service providers should respond promptly to requests for information on the payer from the authorities responsible for combating money laundering or terrorist financing in the Member State where they are situated.

| (23) | The number of working days in the Member State of the payment service provider of the payer determines the number of days to respond to requests for information on the payer. |
| --- | --- |

(23)

The number of working days in the Member State of the payment service provider of the payer determines the number of days to respond to requests for information on the payer.

| (24) | Given the importance of the fight against money laundering and terrorist financing, Member States should lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. |
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(24)

Given the importance of the fight against money laundering and terrorist financing, Member States should lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation.

| (25) | 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 (10). |
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(25)

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 (10).

| (26) | A number of countries and territories which do not form part of the territory of the Community share a monetary union with a Member State, form part of the currency area of a Member State or have signed a monetary convention with the European Community represented by a Member State, and have payment service providers that participate directly or indirectly in the payment and settlement systems of that Member State. In order to avoid the application of this Regulation to transfers of funds between the Member States concerned and those countries or territories having a significant negative effect on the economies of those countries or territories, it is appropriate to provide for the possibility for such transfers of funds to be treated as transfers of funds within the Member States concerned. |
| --- | --- |

(26)

A number of countries and territories which do not form part of the territory of the Community share a monetary union with a Member State, form part of the currency area of a Member State or have signed a monetary convention with the European Community represented by a Member State, and have payment service providers that participate directly or indirectly in the payment and settlement systems of that Member State. In order to avoid the application of this Regulation to transfers of funds between the Member States concerned and those countries or territories having a significant negative effect on the economies of those countries or territories, it is appropriate to provide for the possibility for such transfers of funds to be treated as transfers of funds within the Member States concerned.

| (27) | In order not to discourage donations for charitable purposes, it is appropriate to authorise Member States to exempt payment services providers situated in their territory from collecting, verifying, recording, or sending information on the payer for transfers of funds up to a maximum amount of 150 Euro executed within the territory of that Member State. It is also appropriate to make this option conditional upon requirements to be met by non-profit organisations, in order to allow Member States to ensure that this exemption does not give rise to abuse by terrorists as a cover for or a means of facilitating the financing of their activities. |
| --- | --- |

(27)

In order not to discourage donations for charitable purposes, it is appropriate to authorise Member States to exempt payment services providers situated in their territory from collecting, verifying, recording, or sending information on the payer for transfers of funds up to a maximum amount of 150 Euro executed within the territory of that Member State. It is also appropriate to make this option conditional upon requirements to be met by non-profit organisations, in order to allow Member States to ensure that this exemption does not give rise to abuse by terrorists as a cover for or a means of facilitating the financing of their activities.

| (28) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(28)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (29) | In order to establish a coherent approach in the field of combating money laundering and terrorist financing, the main provisions of this Regulation should apply from the same date as the relevant provisions adopted at international level, |
| --- | --- |

(29)

In order to establish a coherent approach in the field of combating money laundering and terrorist financing, the main provisions of this Regulation should apply from the same date as the relevant provisions adopted at international level,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1

Subject matter

This Regulation lays down rules on information on the payer to accompany transfers of funds for the purposes of the prevention, investigation and detection of money laundering and terrorist financing.

Article 2

Definitions

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

| 1) | ‘terrorist financing’ means the provision or collection of funds within the meaning of Article 1(4) of Directive 2005/60/EC; |
| --- | --- |

1)

‘terrorist financing’ means the provision or collection of funds within the meaning of Article 1(4) of Directive 2005/60/EC;

| 2) | ‘money laundering’ means any conduct which, when committed intentionally, is regarded as money laundering for the purposes of Article 1(2) or (3) of Directive 2005/60/EC; |
| --- | --- |

2)

‘money laundering’ means any conduct which, when committed intentionally, is regarded as money laundering for the purposes of Article 1(2) or (3) of Directive 2005/60/EC;

| 3) | ‘payer’ means either a natural or legal person who holds an account and allows a transfer of funds from that account, or, where there is no account, a natural or legal person who places an order for a transfer of funds; |
| --- | --- |

3)

‘payer’ means either a natural or legal person who holds an account and allows a transfer of funds from that account, or, where there is no account, a natural or legal person who places an order for a transfer of funds;

| 4) | ‘payee’ means a natural or legal person who is the intended final recipient of transferred funds; |
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4)

‘payee’ means a natural or legal person who is the intended final recipient of transferred funds;

| 5) | ‘payment service provider’ means a natural or legal person whose business includes the provision of transfer of funds services; |
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5)

‘payment service provider’ means a natural or legal person whose business includes the provision of transfer of funds services;

| 6) | ‘intermediary payment service provider’ means a payment service provider, neither of the payer nor of the payee, that participates in the execution of transfers of funds; |
| --- | --- |

6)

‘intermediary payment service provider’ means a payment service provider, neither of the payer nor of the payee, that participates in the execution of transfers of funds;

| 7) | ‘transfer of funds’ means any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, irrespective of whether the payer and the payee are the same person; |
| --- | --- |

7)

‘transfer of funds’ means any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, irrespective of whether the payer and the payee are the same person;

| 8) | ‘batch file transfer’ means several individual transfers of funds which are bundled together for transmission; |
| --- | --- |

8)

‘batch file transfer’ means several individual transfers of funds which are bundled together for transmission;

| 9) | ‘unique identifier’ means a combination of letters, numbers or symbols, determined by the payment service provider, in accordance with the protocols of the payment and settlement system or messaging system used to effect the transfer of funds. |
| --- | --- |

9)

‘unique identifier’ means a combination of letters, numbers or symbols, determined by the payment service provider, in accordance with the protocols of the payment and settlement system or messaging system used to effect the transfer of funds.

Article 3

Scope

1.   This Regulation shall apply to transfers of funds, in any currency, which are sent or received by a payment service provider established in the Community.

2.   This Regulation shall not apply to transfers of funds carried out using a credit or debit card, provided that:

| a) | the payee has an agreement with the payment service provider permitting payment for the provision of goods and services; and |
| --- | --- |

a)

the payee has an agreement with the payment service provider permitting payment for the provision of goods and services; and

| b) | a unique identifier, allowing the transaction to be traced back to the payer, accompanies such transfer of funds. |
| --- | --- |

b)

a unique identifier, allowing the transaction to be traced back to the payer, accompanies such transfer of funds.

3.   Where a Member State chooses to apply the derogation set out in Article 11(5)(d) of Directive 2005/60/EC, this Regulation shall not apply to transfers of funds using electronic money covered by that derogation, except where the amount transferred exceeds 1 000Euro.

4.   Without prejudice to paragraph 3, this Regulation shall not apply to transfers of funds carried out by means of a mobile telephone or any other digital or Information Technology (IT) device, when such transfers are pre-paid and do not exceed 150 Euro.

5.   This Regulation shall not apply to transfers of funds carried out by means of a mobile telephone or any other digital or IT device, when such transfers are post-paid and meet all of the following conditions:

| a) | the payee has an agreement with the payment service provider permitting payment for the provision of goods and services; |
| --- | --- |

a)

the payee has an agreement with the payment service provider permitting payment for the provision of goods and services;

| b) | a unique identifier, allowing the transaction to be traced back to the payer, accompanies the transfer of funds; and |
| --- | --- |

b)

a unique identifier, allowing the transaction to be traced back to the payer, accompanies the transfer of funds; and

| c) | the payment service provider is subject to the obligations set out in Directive 2005/60/EC. |
| --- | --- |

c)

the payment service provider is subject to the obligations set out in Directive 2005/60/EC.

6.   Member States may decide not to apply this Regulation to transfers of funds within that Member State to a payee account permitting payment for the provision of goods or services if:

| a) | the payment service provider of the payee is subject to the obligations set out in Directive 2005/60/EC; |
| --- | --- |

a)

the payment service provider of the payee is subject to the obligations set out in Directive 2005/60/EC;

| b) | the payment service provider of the payee is able by means of a unique reference number to trace back, through the payee, the transfer of funds from the natural or legal person who has an agreement with the payee for the provision of goods and services; and |
| --- | --- |

b)

the payment service provider of the payee is able by means of a unique reference number to trace back, through the payee, the transfer of funds from the natural or legal person who has an agreement with the payee for the provision of goods and services; and

| c) | the amount transacted is 1 000Euro or less. |
| --- | --- |

c)

the amount transacted is 1 000Euro or less.

Member States making use of this derogation shall inform the Commission thereof.

7.   This Regulation shall not apply to transfers of funds:

| a) | where the payer withdraws cash from his or her own account; |
| --- | --- |

a)

where the payer withdraws cash from his or her own account;

| b) | where there is a debit transfer authorisation between two parties permitting payments between them through accounts, provided that a unique identifier accompanies the transfer of funds, enabling the natural or legal person to be traced back; |
| --- | --- |

b)

where there is a debit transfer authorisation between two parties permitting payments between them through accounts, provided that a unique identifier accompanies the transfer of funds, enabling the natural or legal person to be traced back;

| c) | where truncated cheques are used; |
| --- | --- |

c)

where truncated cheques are used;

| d) | to public authorities for taxes, fines or other levies within a Member State; |
| --- | --- |

d)

to public authorities for taxes, fines or other levies within a Member State;

| e) | where both the payer and the payee are payment service providers acting on their own behalf. |
| --- | --- |

e)

where both the payer and the payee are payment service providers acting on their own behalf.

CHAPTER II

OBLIGATIONS ON THE PAYMENT SERVICE PROVIDER OF THE PAYER

Article 4

Complete information on the payer

1.   Complete information on the payer shall consist of his name, address and account number.

2.   The address may be substituted with the date and place of birth of the payer, his customer identification number or national identity number.

3.   Where the payer does not have an account number, the payment service provider of the payer shall substitute it by a unique identifier which allows the transaction to be traced back to the payer.

Article 5

Information accompanying transfers of funds and record keeping

1.   Payment service providers shall ensure that transfers of funds are accompanied by complete information on the payer.

2.   The payment service provider of the payer shall, before transferring the funds, verify the complete information on the payer on the basis of documents, data or information obtained from a reliable and independent source.

3.   In the case of transfers of funds from an account, verification may be deemed to have taken place if:

| a) | a payer's identity has been verified in connection with the opening of the account and the information obtained by this verification has been stored in accordance with the obligations set out in Articles 8(2) and 30(a) of Directive 2005/60/EC; or |
| --- | --- |

a)

a payer's identity has been verified in connection with the opening of the account and the information obtained by this verification has been stored in accordance with the obligations set out in Articles 8(2) and 30(a) of Directive 2005/60/EC; or

| b) | the payer falls within the scope of Article 9(6) of Directive 2005/60/EC. |
| --- | --- |

b)

the payer falls within the scope of Article 9(6) of Directive 2005/60/EC.

4.   However, without prejudice to Article 7(c) of Directive 2005/60/EC, in the case of transfers of funds not made from an account, the payment service provider of the payer shall verify the information on the payer only where the amount exceeds 1 000Euro, unless the transaction is carried out in several operations that appear to be linked and together exceed 1 000Euro.

5.   The payment service provider of the payer shall for five years keep records of complete information on the payer which accompanies transfers of funds.

Article 6

Transfers of funds within the Community

1.   By way of derogation from Article 5(1), where both the payment service provider of the payer and the payment service provider of the payee are situated in the Community, transfers of funds shall be required to be accompanied only by the account number of the payer or a unique identifier allowing the transaction to be traced back to the payer.

2.   However, if so requested by the payment service provider of the payee, the payment service provider of the payer shall make available to the payment service provider of the payee complete information on the payer, within three working days of receiving that request.

Article 7

Transfers of funds from the Community to outside the Community

1.   Transfers of funds where the payment service provider of the payee is situated outside the Community shall be accompanied by complete information on the payer.

2.   In the case of batch file transfers from a single payer where the payment service providers of the payees are situated outside the Community, paragraph 1 shall not apply to the individual transfers bundled together therein, provided that the batch file contains that information and that the individual transfers carry the account number of the payer or a unique identifier.

CHAPTER III

OBLIGATIONS ON THE PAYMENT SERVICE PROVIDER OF THE PAYEE

Article 8

Detection of missing information on the payer

The payment service provider of the payee shall detect whether, in the messaging or payment and settlement system used to effect a transfer of funds, the fields relating to the information on the payer have been completed using the characters or inputs admissible within the conventions of that messaging or payment and settlement system. Such provider shall have effective procedures in place in order to detect whether the following information on the payer is missing:

| a) | for transfers of funds where the payment service provider of the payer is situated in the Community, the information required under Article 6; |
| --- | --- |

a)

for transfers of funds where the payment service provider of the payer is situated in the Community, the information required under Article 6;

| b) | for transfers of funds where the payment service provider of the payer is situated outside the Community, complete information on the payer as referred to in Article 4, or where applicable, the information required under Article 13; and |
| --- | --- |

b)

for transfers of funds where the payment service provider of the payer is situated outside the Community, complete information on the payer as referred to in Article 4, or where applicable, the information required under Article 13; and

| c) | for batch file transfers where the payment service provider of the payer is situated outside the Community, complete information on the payer as referred to in Article 4 in the batch file transfer only, but not in the individual transfers bundled therein. |
| --- | --- |

c)

for batch file transfers where the payment service provider of the payer is situated outside the Community, complete information on the payer as referred to in Article 4 in the batch file transfer only, but not in the individual transfers bundled therein.

Article 9

Transfers of funds with missing or incomplete information on the payer

1.   If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer required under this Regulation is missing or incomplete, it shall either reject the transfer or ask for complete information on the payer. In any event, the payment service provider of the payee shall comply with any applicable law or administrative provisions relating to money laundering and terrorist financing, in particular, Regulations (EC) No 2580/2001 and (EC) No 881/2002, Directive 2005/60/EC and any national implementing measures.

2.   Where a payment service provider regularly fails to supply the required information on the payer, the payment service provider of the payee shall take steps, which may initially include the issuing of warnings and setting of deadlines, before either rejecting any future transfers of funds from that payment service provider or deciding whether or notto restrict or terminate its business relationship with that payment service provider.

The payment service provider of the payee shall report that fact tothe authorities responsible for combating money laundering or terrorist financing.

Article 10

Risk-based assessment

The payment service provider of the payee shall consider missing or incomplete information on the payer as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported, in accordance with the obligations set out in Chapter III of Directive 2005/60/EC, to the authorities responsible for combating money laundering or terrorist financing.

Article 11

Record keeping

The payment service provider of the payee shall for five years keep records of any information received on the payer.

CHAPTER IV

OBLIGATIONS ON INTERMEDIARY PAYMENT SERVICE PROVIDERS

Article 12

Keeping information on the payer with the transfer

Intermediary payment service providers shall ensure that all information received on the payer that accompanies a transfer of funds is kept with the transfer.

Article 13

Technical limitations

1.   This Article shall apply where the payment service provider of the payer is situated outside the Community and the intermediary payment service provider is situated within the Community.

2.   Unless the intermediary payment service provider becomes aware, when receiving a transfer of funds, that information on the payer required under this Regulation is missing or incomplete, it may use a payment system with technical limitations which prevents information on the payer from accompanying the transfer of funds to send transfers of funds to the payment service provider of the payee.

3.   Where the intermediary payment service provider becomes aware, when receiving a transfer of funds, that information on the payer required under this Regulation is missing or incomplete, it shall only use a payment system with technical limitations if it is able to inform the payment service provider of the payee thereof, either within a messaging or payment system that provides for communication of this fact or through another procedure, provided that the manner of communication is accepted by, or agreed between, both payment service providers.

4.   Where the intermediary payment service provider uses a payment system with technical limitations, the intermediary payment service provider shall, upon request from the payment service provider of the payee, make available to that payment service provider all the information on the payer which it has received, irrespective of whether it is complete or not, within three working days of receiving that request.

5.   In the cases referred to in paragraphs 2 and 3, the intermediary payment service provider shall for five years keep records of all information received.

CHAPTER V

GENERAL OBLIGATIONS AND IMPLEMENTING POWERS

Article 14

Cooperation obligations

Payment service providers shall respond fully and without delay, in accordance with the procedural requirements established in the national law of the Member State in which they are situated, to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State concerning the information on the payer accompanying transfers of funds and corresponding records.

Without prejudice to national criminal law and the protection of fundamental rights, those authorities may use that information only for the purposes of preventing, investigating or detecting money laundering or terrorist financing.

Article 15

Penalties and monitoring

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive. They shall apply from 15 December 2007.

2.   Member States shall notify the Commission of the rules referred to in paragraph 1 and the authorities responsible for their application by 14 December 2007 at the latest, and shall notify it without delay of any subsequent amendment affecting them.

3.   Member States shall require competent authorities to effectively monitor, and take necessary measures with a view to ensuring, compliance with the requirements of this Regulation.

Article 16

Committee procedure

1.   The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing established by Directive 2005/60/EC, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof and provided that the implementing measures adopted in accordance with this procedure do not modify the essential provisions of this Regulation.

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

CHAPTER VI

DEROGATIONS

Article 17

Agreements with territories or countries which do not form part of the territory of the Community

1.   The Commission may authorise any Member State to conclude agreements, under national arrangements, with a country or territory which does not form part of the territory of the Community as determined in accordance with Article 299 of the Treaty, which contain derogations from this Regulation, in order to allow for transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.

Such agreements may be authorised only if:

| a) | the country or territory concerned shares a monetary union with the Member State concerned, forms part of the currency area of that Member State or has signed a Monetary Convention with the European Community represented by a Member State; |
| --- | --- |

a)

the country or territory concerned shares a monetary union with the Member State concerned, forms part of the currency area of that Member State or has signed a Monetary Convention with the European Community represented by a Member State;

| b) | payment service providers in the country or territory concerned participate directly or indirectly in payment and settlement systems in that Member State; and |
| --- | --- |

b)

payment service providers in the country or territory concerned participate directly or indirectly in payment and settlement systems in that Member State; and

| c) | the country or territory concerned requires payment service providers under its jurisdiction to apply the same rules as those established under this Regulation. |
| --- | --- |

c)

the country or territory concerned requires payment service providers under its jurisdiction to apply the same rules as those established under this Regulation.

2.   Any Member State wishing to conclude an agreement as referred to in paragraph 1 shall send an application to the Commission and provide it with all the necessary information.

Upon receipt by the Commission of an application from a Member State, transfers of funds between that Member State and the country or territory concerned shall be provisionally treated as transfers of funds within that Member State, until a decision is reached in accordance with the procedure set out in this Article.

If the Commission considers that it does not have all the necessary information, it shall contact the Member State concerned within two months of receipt of the application and specify the additional information required.

Once the Commission has all the information it considers necessary for appraisal of the request, it shall within one month notify the requesting Member State accordingly and shall transmit the request to the other Member States.

3.   Within three months of the notification referred to in the fourth subparagraph of paragraph 2, the Commission shall decide, in accordance with the procedure referred to in Article 16(2), whether to authorise the Member State concerned to conclude the agreement referred to in paragraph 1 of this Article.

In any event, a decision as referred to in the first subparagraph shall be adopted within eighteen months of receipt of the application by the Commission.

Article 18

Transfers of funds to non-profit organisations within a Member State

1.   Member States may exempt payment service providers situated in their territory from the obligations set out in Article 5, as regards transfers of funds to organisations carrying out activities for non-profit charitable, religious, cultural, educational, social, scientific or fraternal purposes, provided that those organisations are subject to reporting and external audit requirements or supervision by a public authority or self-regulatory body recognised under national law and that those transfers of funds are limited to a maximum amount of 150 Euro per transfer and take place exclusively within the territory of that Member State.

2.   Member States making use of this Article shall communicate to the Commission the measures that they have adopted for applying the option provided for in paragraph 1, including a list of organisations covered by the exemption, the names of the natural persons who ultimately control those organisations and an explanation of how the list will be updated. That information shall also be made available to the authorities responsible for combating money laundering and terrorist financing.

3.   An up-to-date list of organisations covered by the exemption shall be communicated by the Member State concerned to the payment service providers operating in that Member State.

Article 19

Review clause

1.   By ... (11) the Commission shall present a report to the European Parliament and to the Council giving a full economic and legal assessment of the application of this Regulation, accompanied, if appropriate, by a proposal for its modification or repeal.

2.   That report shall in particular review:

| a) | the application of Article 3 with regard to further experience of the possible misuse of electronic money, as defined in Article 1(3) of Directive 2000/46/EC, and other newly-developed means of payment, for the purposes of money laundering and terrorist financing. Should there be a risk of such misuse, the Commission shall submit a proposal to amend this Regulation; |
| --- | --- |

a)

the application of Article 3 with regard to further experience of the possible misuse of electronic money, as defined in Article 1(3) of Directive 2000/46/EC, and other newly-developed means of payment, for the purposes of money laundering and terrorist financing. Should there be a risk of such misuse, the Commission shall submit a proposal to amend this Regulation;

| b) | the application of Article 13 with regard to the technical limitations which may prevent complete information on the payer from being transmitted to the payment service provider of the payee. Should it be possible to overcome such technical limitations in the light of new developments in the payments area, and taking into account related costs for payment service providers, the Commission shall submit a proposal to amend this Regulation |
| --- | --- |

b)

the application of Article 13 with regard to the technical limitations which may prevent complete information on the payer from being transmitted to the payment service provider of the payee. Should it be possible to overcome such technical limitations in the light of new developments in the payments area, and taking into account related costs for payment service providers, the Commission shall submit a proposal to amend this Regulation

CHAPTER VII

FINAL PROVISIONS

Article 20

Entry into force

This Regulation shall enter into force on the twentieth day following the day of its publication in the Official Journal of the European Union, but in any event not before 1 January 2007.

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

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 336, 31.12.2005, p. 109.

1

(2)  Position of the European Parliament of 6 July 2006.

2

(3)  Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70). Regulation as last amended by Council Decision 2006/379/EC (OJ L 144, 31.5.2006, p. 21).

3

(4)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ L 139, 29.5.2002, p. 9). Regulation as last amended by Commission Regulation (EC) No 1286/2006 (OJ L 235, 30.8.2006, p. 14).

4

(5)  Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

5

(6)  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 (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).

6

(7)  Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions (OJ L 275, 27.10.2000, p. 39).

7

(8)  Regulation (EC) No 2560/2001 of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro (OJ L 344, 28.12.2001, p. 13).

8

(9)  COM(2003) 0718 final.

9

(10)  OJ L 184, 17.7.1999, p. 23. Decision as last amended by Council Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

10

(11)  Five years after the entry into force of this Regulation.

11

P6_TA(2006)0312

Financial Regulation applicable to the general budget of the European Communities *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2005)0181 — C6-0234/2005 — 2005/0090(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0181) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0181) (1),

| — | having regard to Article 279 of the EC Treaty and Article 183 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0234/2005), |
| --- | --- |

—

having regard to Article 279 of the EC Treaty and Article 183 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0234/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinions of the Committee on Development and the Committee on Budgetary Control (A6-0057/2006), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinions of the Committee on Development and the Committee on Budgetary Control (A6-0057/2006),

| 1. | Approves the Commission proposal as amended on 15 March 2006 (2); |
| --- | --- |

1.

Approves the Commission proposal as amended on 15 March 2006 (2);

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and Article 119, second paragraph, of the Euratom Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and Article 119, second paragraph, of the Euratom 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. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

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

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

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

---

(1)  Not yet published in OJ.

(2)  Texts Adopted, P6_TA(2006)0085.

P6_TA(2006)0313

Mutual information procedure *

European Parliament legislative resolution on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0480) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0480) (1),

| — | having regard to Article 66 of the EC Treaty, |
| --- | --- |

—

having regard to Article 66 of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0335/2005), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0335/2005),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Rules 51, 41(4) and Rule 35 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 41(4) and Rule 35 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0186/2006), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0186/2006),

| 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.

| (3a) | This procedure should operate on two levels: on the one hand, via a web-based network, the Member States' administrations inform each other on the measures taken at national level in areas of asylum and immigration; on the other, the political authorities engage in regular debates at European level on those areas. |
| --- | --- |

(3a)

This procedure should operate on two levels: on the one hand, via a web-based network, the Member States' administrations inform each other on the measures taken at national level in areas of asylum and immigration; on the other, the political authorities engage in regular debates at European level on those areas.

| (4) | The information procedure should be based on solidarity, transparency and mutual confidence; |
| --- | --- |

(4)

The information procedure should be based on solidarity, transparency and mutual confidence;

| (4) | The information procedure should be based on solidarity, transparency and mutual confidence
  and should result in a concerted and coordinated approach to the asylum and immigration policies of the Member States. |
| --- | --- |

(4)

The information procedure should be based on solidarity, transparency and mutual confidence
  and should result in a concerted and coordinated approach to the asylum and immigration policies of the Member States.

| (4a) | The creation of this procedure should lead to the simplification, rationalisation and regrouping of the systems, structures and networks existing at Community level in the areas of asylum and immigration. |
| --- | --- |

(4a)

The creation of this procedure should lead to the simplification, rationalisation and regrouping of the systems, structures and networks existing at Community level in the areas of asylum and immigration.

| (5) | For reasons of efficiency and accessibility, a web-based network should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration; |
| --- | --- |

(5)

For reasons of efficiency and accessibility, a web-based network should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration;

| (5) | For reasons of efficiency and accessibility, a web-based network
  managed by the Commission, which will ensure its security and confidentiality,
  should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration. |
| --- | --- |

(5)

For reasons of efficiency and accessibility, a web-based network
  managed by the Commission, which will ensure its security and confidentiality,
  should be the essential element of the information procedure concerning national measures in the areas of asylum and immigration.

| (7) | Since the objectives of this Decision, namely secure information exchange and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives; |
| --- | --- |

(7)

Since the objectives of this Decision, namely secure information exchange and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives;

| (7) | Since the objectives of this Decision, namely to secure information exchange
  and improve coordination
  and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(7)

Since the objectives of this Decision, namely to secure information exchange
  and improve coordination
  and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

This Decision establishes a procedure for the mutual exchange of information concerning national measures in the areas of asylum and immigration using a web-based network
  and allowing for an exchange of views on such measures
  .

This Decision establishes a procedure for the mutual exchange of information concerning national measures in the areas of asylum and immigration using a web-based network
  . This procedure shall make it possible to prepare regular exchanges of views on measures liable to have a significant impact in several Member States or at Community level, not only at the administrative level but also at the political level within the Council
  .

1.   Member States shall communicate to the Commission and the other Member States the following measures which they intend to take in the areas of asylum and immigration if these measures are susceptible of having an impact on other Member States or on the Community as a whole:

1.   Member States shall communicate to the Commission and the other Member States the following measures which they intend to take
  or have taken
  in the areas of asylum and immigration if these measures are susceptible of having an impact on other Member States
  , such as diverting or attracting migratory flows to or from another Member State,
  or on the Community as a whole:

| (a) | draft legislation
  , at the latest at the time of
  submission for
  adoption; and |
| --- | --- |

(a)

draft legislation
  , at the latest at the time of
  submission for
  adoption; and

| (a) | legislative texts
  , at the latest at the time of
  their
  adoption
  or immediately after
  ; and |
| --- | --- |

(a)

legislative texts
  , at the latest at the time of
  their
  adoption
  or immediately after
  ; and

1a.
     
  Member States shall communicate to the Commission and the other Member States measures relating to legal immigration and the fight against illegal immigration likely to have a significant impact on other Member States, no later than when they are presented for adoption.

2.
     
  Member States shall communicate to the Commission and the other Member States:

deleted

| (a) | The final texts of the measures referred to in paragraph 1(a) at the time when they are adopted or immediately thereafter; |
| --- | --- |

(a)

deleted

| (b) | The final texts of the measures referred to in paragraph 1(b) at the time when the Member State expresses its consent to be bound by such a measure or immediately thereafter. |
| --- | --- |

(b)

deleted

3.   Member States shall communicate to the Commission and the other Member States the following decisions if they are susceptible of having an impact on other Member States or on the Community as a whole:

3.   Member States shall communicate to the Commission and the other Member States the following decisions if they are susceptible of having an impact on other Member States
  , such as diverting or attracting migratory flows to or from another Member State,
  or on the Community as a whole:

| (a) | Final decisions of courts or tribunals which apply or interpret measures of national law in the areas of asylum
  or
  immigration, at the time when they are delivered or immediately thereafter; and |
| --- | --- |

(a)

Final decisions of courts or tribunals which apply or interpret measures of national law in the areas of asylum
  or
  immigration, at the time when they are delivered or immediately thereafter; and

| (a) | Final decisions of
  national and international
  courts or tribunals
  , including those that establish a precedent,
  which apply or interpret measures of national law
  or international agreements
  in the areas of asylum
  and
  immigration, at the time when they are delivered or immediately thereafter; and |
| --- | --- |

(a)

Final decisions of
  national and international
  courts or tribunals
  , including those that establish a precedent,
  which apply or interpret measures of national law
  or international agreements
  in the areas of asylum
  and
  immigration, at the time when they are delivered or immediately thereafter; and

5.   The Commission or a Member State may request additional information concerning a particular measure or decision communicated by another Member State through the network. In such a case, the Member State concerned shall provide additional information
  concerning that measure or decision
  , within
  two weeks
  of the request being made through the network. The additional information shall be made available to the Commission and the other Member States through the network.

5.   The Commission or a Member State may request additional information concerning a particular measure or decision communicated by another Member State through the network. In such a case, the Member State concerned shall provide additional information, within
  four weeks
  of the request being made through the network. The additional information shall be made available to the Commission and the other Member States through the network.

5a.
     
  Individual Member States and/or the Commission may request information on measures not communicated beforehand by a Member State, where they consider that those measures are liable to have an impact on migration in the Member State requesting the information or in the Community as a whole.

6.   Each Member State shall ensure that
  a summary of the text of every measure or decision
  it transmits through the network
  is
  available in
  an
  official
  language
  of the Community other than its own.
  This summary shall at least include the objectives and scope of the concerned measure or decision, its main provisions and an estimation of the impact it could have on other Member States or on the Community as a whole.

6.   Each Member State shall ensure that
  the measures, decisions and evaluations
  it transmits through the network
  are
  available in
  one of the three most frequently used
  official
  languages
  of the Community other than its own.

2.   The Commission shall be responsible for the development and management of the network, including the structure and content of the network and access to it. The network shall include appropriate measures to guarantee
  its
  confidentiality.

2.   The Commission shall be responsible for the development and management of the network, including the structure and content of the network and access to it. The network shall include appropriate measures to guarantee
  the
  confidentiality
  of all or part of the information concerned
  .

2a.
     
  Legislative texts already adopted in each Member State and available on the network and final decisions of national and international courts and tribunals shall be available to the public.

3a.
     
  When establishing the mutual information procedure, Member States shall supply data concerning the state of play as regards their national law, thus creating a basic ‘data bank’.

4a.
     
  The network shall have a specific function enabling Member States to issue requests for information of a specific nature addressed to one or more Member States and/or the Commission, in the areas concerned by this Decision.

4b.
     
  The network shall have a specific function enabling the machine translation of on-line information into all the official languages of the Community, or, at least, the most widely-used ones, thereby making it easier to understand the documents.

5a.
     
  A secure access point for the network shall be created at the European Parliament for the use of the Members thereof.

1.   The Commission
  may, on its initiative or on demand of a Member State, organise an exchange of views with Member States' experts on a particular national measure submitted under articles 2 and 3 of this Decision. The Member State whose measure is the object of discussion shall be represented at the exchange of views
  .

1.   The Commission
  shall draw up a twice-yearly report summarising the information forwarded by the Member States. In preparing its report, the Commission may further consult the Member States. That report shall be forwarded to the European Parliament and the relevant services of the Council with a view to providing the political authorities with a basis for their exchanges of views
  .

2.
     
  The purpose of the exchange of views shall be the identification of issues of common interest.

deleted

The Commission shall evaluate the functioning of the system
  3 years
  after the entry into force of this Decision and regularly thereafter.

The Commission shall evaluate the functioning of the system
  two years
  after the entry into force of this Decision and regularly thereafter.

---

(1)  Not yet published in the OJ.

P6_TA(2006)0314

Modification of the Protocol on Privileges and Immunities

European Parliament resolution on modification of the Protocol on Privileges and Immunities

The European Parliament,

| — | having regard to its resolution of 23 June 2005 on the amendment of its decision of 4 June 2003 on the adoption of the Statute for the Members of the European Parliament (1), |
| --- | --- |

—

having regard to its resolution of 23 June 2005 on the amendment of its decision of 4 June 2003 on the adoption of the Statute for the Members of the European Parliament (1),

| — | having regard to the Declaration of 3 June 2005 by Representatives of the Member States, meeting within Council, in which they agreed that ‘when an instrument laying down the regulations and general conditions governing the performance of duties of Members of the European Parliament is adopted pursuant to the terms of Article 190(5) of the Treaty, they will examine the request of Parliament to revise the relevant provisions of the Protocol on Privileges and Immunities of the European Communities of 1965 insofar as it concerns the Members of the European Parliament with a view to reach a conclusion as soon as possible’, |
| --- | --- |

—

having regard to the Declaration of 3 June 2005 by Representatives of the Member States, meeting within Council, in which they agreed that ‘when an instrument laying down the regulations and general conditions governing the performance of duties of Members of the European Parliament is adopted pursuant to the terms of Article 190(5) of the Treaty, they will examine the request of Parliament to revise the relevant provisions of the Protocol on Privileges and Immunities of the European Communities of 1965 insofar as it concerns the Members of the European Parliament with a view to reach a conclusion as soon as possible’,

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas its resolution of 23 June 2005 considered the Declaration of 3 June 2005 to be an essential element for a compromise with the Council on the Statute, |
| --- | --- |

A.

whereas its resolution of 23 June 2005 considered the Declaration of 3 June 2005 to be an essential element for a compromise with the Council on the Statute,

| B. | whereas its resolution of 23 June 2005 insisted ‘that the overall compromise on the Statute for Members of the European Parliament should consist of the following elements:






  a) | a separate and independent examination of that part of the Statute which falls under secondary law and of that part which falls under primary law, and approval of both parts in accordance with the institutional provisions applicable to each of them; |
| --- | --- | --- |

B.

whereas its resolution of 23 June 2005 insisted ‘that the overall compromise on the Statute for Members of the European Parliament should consist of the following elements:

a)

a separate and independent examination of that part of the Statute which falls under secondary law and of that part which falls under primary law, and approval of both parts in accordance with the institutional provisions applicable to each of them;

| b) | with regard to that part which falls under primary law, the Member States are called upon to review the Protocol on the privileges and immunities of the European Communities of 8 April 1965 in respect of the provisions relating to Members of the European Parliament, taking the Statute approved on 3 and 4 June 2003 as a model’, |
| --- | --- |

b)

with regard to that part which falls under primary law, the Member States are called upon to review the Protocol on the privileges and immunities of the European Communities of 8 April 1965 in respect of the provisions relating to Members of the European Parliament, taking the Statute approved on 3 and 4 June 2003 as a model’,

| 1. | Recalls the Council's undertaking to consider Parliament's request for a review of those provisions of the 1965 Protocol on the Privileges and Immunities of the European Communities relating to Members of the European Parliament, the aim being to reach a conclusion as swiftly as possible; hopes also that, when the revision is carried out, a clause will be inserted to enable the European Parliament to bring actions before the Court of Justice of the European Communities for the purpose of safeguarding the privileges and immunities guaranteed by the Protocol; |
| --- | --- |

1.

Recalls the Council's undertaking to consider Parliament's request for a review of those provisions of the 1965 Protocol on the Privileges and Immunities of the European Communities relating to Members of the European Parliament, the aim being to reach a conclusion as swiftly as possible; hopes also that, when the revision is carried out, a clause will be inserted to enable the European Parliament to bring actions before the Court of Justice of the European Communities for the purpose of safeguarding the privileges and immunities guaranteed by the Protocol;

| 2. | Confirms that the basis for that revision must be the Statute approved by the European Parliament on 3 and 4 June 2003; |
| --- | --- |

2.

Confirms that the basis for that revision must be the Statute approved by the European Parliament on 3 and 4 June 2003;

| 3. | Calls on the Council to ensure the appropriate European Parliament involvement in that intergovernmental conference; |
| --- | --- |

3.

Calls on the Council to ensure the appropriate European Parliament involvement in that intergovernmental conference;

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

4.

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

---

(1)  OJ C 133 E, 8.6.2006, p. 48.

P6_TA(2006)0315

Economic and social consequences of business restructuring in Europe

European Parliament resolution on the economic and social consequences of companies restructuring in Europe

The European Parliament,

| — | having regard to the Charter of the Fundamental Social Rights of Workers 1989 and the related action programme, |
| --- | --- |

—

having regard to the Charter of the Fundamental Social Rights of Workers 1989 and the related action programme,

| — | having regard to Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies (1), |
| --- | --- |

—

having regard to Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies (1),

| — | having regard to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (2) (European Works Council Directive), |
| --- | --- |

—

having regard to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (2) (European Works Council Directive),

| — | having regard to the rapid transformations and economic changes that may affect companies, positively or negatively, in all the Members States, |
| --- | --- |

—

having regard to the rapid transformations and economic changes that may affect companies, positively or negatively, in all the Members States,

| — | having regard to its resolutions of 14 March 2006 on relocation in the context of regional development (3) and of 15 March 2006 on restructuring and employment (4), and to its numerous earlier resolutions on company restructuring, relocations, mergers and closures, in particular that of 13 March 2003 on the closure of undertakings after receiving EU financial aid (5), |
| --- | --- |

—

having regard to its resolutions of 14 March 2006 on relocation in the context of regional development (3) and of 15 March 2006 on restructuring and employment (4), and to its numerous earlier resolutions on company restructuring, relocations, mergers and closures, in particular that of 13 March 2003 on the closure of undertakings after receiving EU financial aid (5),

| — | having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (6), |
| --- | --- |

—

having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (6),

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas companies should make management decisions that secure the business growth of their enterprises, and whereas the restructuring of enterprises should safeguard social and economic progress if the changes required and address the challenges of fostering the development of a sustainable economy, combined with a determination to protect social welfare and environment, |
| --- | --- |

A.

whereas companies should make management decisions that secure the business growth of their enterprises, and whereas the restructuring of enterprises should safeguard social and economic progress if the changes required and address the challenges of fostering the development of a sustainable economy, combined with a determination to protect social welfare and environment,

| B. | whereas the Lisbon Strategy is aimed at turning the EU into the world's most competitive and dynamic knowledge-based economy, capable of sustained economic growth accompanied by the creation of more and better jobs and greater social cohesion, |
| --- | --- |

B.

whereas the Lisbon Strategy is aimed at turning the EU into the world's most competitive and dynamic knowledge-based economy, capable of sustained economic growth accompanied by the creation of more and better jobs and greater social cohesion,

| C. | whereas restructuring must be managed in a socially and environmentally sensitive way, failing which it may run counter to the Lisbon Strategy, which seeks to promote full employment, the quality of jobs, social and territorial cohesion and sustainable development, |
| --- | --- |

C.

whereas restructuring must be managed in a socially and environmentally sensitive way, failing which it may run counter to the Lisbon Strategy, which seeks to promote full employment, the quality of jobs, social and territorial cohesion and sustainable development,

| 1. | Calls on the Commission, as it has previously done in its resolution of 12 February 2004 on the crisis in the iron and steel sector (7), to adopt a more decisive strategy to tackle industrial restructuring and its social impact; |
| --- | --- |

1.

Calls on the Commission, as it has previously done in its resolution of 12 February 2004 on the crisis in the iron and steel sector (7), to adopt a more decisive strategy to tackle industrial restructuring and its social impact;

| 2. | Considers that aid from public funds should be linked to long-term agreements by the management of a company in matters of employment and local development; |
| --- | --- |

2.

Considers that aid from public funds should be linked to long-term agreements by the management of a company in matters of employment and local development;

| 3. | Asks the Commission, as well as the Member States, to withdraw the subsidies from aid programmes and to claim the reimbursement of these subsidies from companies that do not respect their obligations; |
| --- | --- |

3.

Asks the Commission, as well as the Member States, to withdraw the subsidies from aid programmes and to claim the reimbursement of these subsidies from companies that do not respect their obligations;

| 4. | Calls on the Commission and the Member States to promote a European dialogue on industrial restructuring as well as on structural reforms of the labour market to secure the advantages of globalisation, while minimising the negative social impact; |
| --- | --- |

4.

Calls on the Commission and the Member States to promote a European dialogue on industrial restructuring as well as on structural reforms of the labour market to secure the advantages of globalisation, while minimising the negative social impact;

| 5. | Reminds the Commission of the importance of a well-functioning European Works Council Directive, which ensures that informing and consulting workers is properly carried out; |
| --- | --- |

5.

Reminds the Commission of the importance of a well-functioning European Works Council Directive, which ensures that informing and consulting workers is properly carried out;

| 6. | Calls on the Commission to ensure that companies respect their social and financial responsibilities, act in a corporately responsible fashion and are fair to all stakeholders, including local and regional authorities and the communities where they are based; |
| --- | --- |

6.

Calls on the Commission to ensure that companies respect their social and financial responsibilities, act in a corporately responsible fashion and are fair to all stakeholders, including local and regional authorities and the communities where they are based;

| 7. | Calls on the Commission to draw up, without delay, an evaluation of the application of Directive 75/129/EEC and to make proposals for measures to ensure compliance; |
| --- | --- |

7.

Calls on the Commission to draw up, without delay, an evaluation of the application of Directive 75/129/EEC and to make proposals for measures to ensure compliance;

| 8. | Welcomes the forthcoming European Globalisation Adjustment Fund, which will support workers and improve the social and educational infrastructure with regard to collective redundancies, and calls on the Council to adopt a common position as soon as possible after Parliament's first reading and to ensure that it can apply retrospectively where the effects of current closures carry over to 2007; |
| --- | --- |

8.

Welcomes the forthcoming European Globalisation Adjustment Fund, which will support workers and improve the social and educational infrastructure with regard to collective redundancies, and calls on the Council to adopt a common position as soon as possible after Parliament's first reading and to ensure that it can apply retrospectively where the effects of current closures carry over to 2007;

| 9. | Expresses its solidarity with all workers, their families and their communities affected by redundancies; |
| --- | --- |

9.

Expresses its solidarity with all workers, their families and their communities affected by redundancies;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the European Trade Union Confederation and the Union of Employers' and Industrial Confederations of Europe. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the European Trade Union Confederation and the Union of Employers' and Industrial Confederations of Europe.

---

(1)  OJ L 48, 22.2.1975, p. 29. Directive as last amended by Directive 92/56/EEC (OJ L 245, 26.8.1992, p. 3).

(2)  OJ L 254, 30.9.1994, p. 64.

(3)  Texts Adopted, P6_TA(2006)0077.

(4)  Texts Adopted, P6_TA(2006)0088.

(5)  OJ C 61 E, 10.3.2004, p. 425.

(6)  OJ L 80, 23.3.2002, p. 29.

(7)  OJ C 97 E, 22.4.2004, p. 637.

P6_TA(2006)0316

Extraordinary rendition

European Parliament resolution on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, adopted midway through the work of the Temporary Committee (2006/2027(INI))

The European Parliament,

| — | having regard to its resolution of 15 December 2005 on presumed use of European countries by the CIA for the transportation and illegal detention of prisoners (1), |
| --- | --- |

—

having regard to its resolution of 15 December 2005 on presumed use of European countries by the CIA for the transportation and illegal detention of prisoners (1),

| — | having regard to its decision of 18 January 2006 to set up a temporary committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2), |
| --- | --- |

—

having regard to its decision of 18 January 2006 to set up a temporary committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (2),

| — | having regard to Rule 175 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 175 of its Rules of Procedure,

| — | having regard to the interim report of the Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (A6-0213/2006), |
| --- | --- |

—

having regard to the interim report of the Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (A6-0213/2006),

| A. | whereas the main aim of the work of the temporary committee is to establish whether, in the context of the allegations, the action of the European Union (EU) and its Member States complies with the founding principles set out in Article 6 of the Treaty on European Union (TEU) and guarantees, in particular, the protection of fundamental rights as defined, inter alia, by the Convention on the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe on 4 November 1950 (the ‘ECHR’), |
| --- | --- |

A.

whereas the main aim of the work of the temporary committee is to establish whether, in the context of the allegations, the action of the European Union (EU) and its Member States complies with the founding principles set out in Article 6 of the Treaty on European Union (TEU) and guarantees, in particular, the protection of fundamental rights as defined, inter alia, by the Convention on the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe on 4 November 1950 (the ‘ECHR’),

| B. | whereas in Europe the Charter of Fundamental Rights of the European Union (3), proclaimed by the European Parliament, the Council and the Commission at the European Council meeting in Nice on 7 December 2000 and incorporated in Part II of the Treaty establishing a Constitution for Europe, constitutes one of the reference texts not only for the Court of Justice of the European Communities, but also for constitutional courts and other courts in the Member States, |
| --- | --- |

B.

whereas in Europe the Charter of Fundamental Rights of the European Union (3), proclaimed by the European Parliament, the Council and the Commission at the European Council meeting in Nice on 7 December 2000 and incorporated in Part II of the Treaty establishing a Constitution for Europe, constitutes one of the reference texts not only for the Court of Justice of the European Communities, but also for constitutional courts and other courts in the Member States,

| C. | whereas the fight against terrorism cannot be won by sacrificing the very principles that terrorism seeks to destroy, notably that the protection of fundamental rights must never be compromised; whereas terrorism must be fought by legal means and it must be defeated while respecting international and national law and with a responsible attitude on the part of governments and public opinion alike, |
| --- | --- |

C.

whereas the fight against terrorism cannot be won by sacrificing the very principles that terrorism seeks to destroy, notably that the protection of fundamental rights must never be compromised; whereas terrorism must be fought by legal means and it must be defeated while respecting international and national law and with a responsible attitude on the part of governments and public opinion alike,

| D. | whereas the principle of the inviolability of human dignity appears in the first article of the Charter of Fundamental Rights and underlies every other fundamental right, in particular the right to life (Article 2), the prohibition of torture and inhuman or degrading treatment or punishment (Article 4), the right to protection in the event of removal, expulsion or extradition (Article 19) and the right to an effective remedy and to a fair trial (Article 47) and whereas this principle may not be subject to restrictions, even for the purposes of security in times both of peace and of war, |
| --- | --- |

D.

whereas the principle of the inviolability of human dignity appears in the first article of the Charter of Fundamental Rights and underlies every other fundamental right, in particular the right to life (Article 2), the prohibition of torture and inhuman or degrading treatment or punishment (Article 4), the right to protection in the event of removal, expulsion or extradition (Article 19) and the right to an effective remedy and to a fair trial (Article 47) and whereas this principle may not be subject to restrictions, even for the purposes of security in times both of peace and of war,

| E. | whereas, according to international human rights standards, such as those laid down in the United Nations (UN) Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its related instruments, and in particular in the ECHR, the Member States are under an obligation to ensure that any person under their jurisdiction enjoys the fundamental rights granted at international level, including the prohibition of transfers where there is a risk of torture or other cruel, inhuman or degrading treatment or punishment, |
| --- | --- |

E.

whereas, according to international human rights standards, such as those laid down in the United Nations (UN) Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its related instruments, and in particular in the ECHR, the Member States are under an obligation to ensure that any person under their jurisdiction enjoys the fundamental rights granted at international level, including the prohibition of transfers where there is a risk of torture or other cruel, inhuman or degrading treatment or punishment,

| F. | whereas European and international human rights law prohibits enforced disappearances, including secret detentions, in which an individual is held incommunicado, without information about his or her fate or whereabouts being revealed to his or her family or the public, outside the purview of any legal process, |
| --- | --- |

F.

whereas European and international human rights law prohibits enforced disappearances, including secret detentions, in which an individual is held incommunicado, without information about his or her fate or whereabouts being revealed to his or her family or the public, outside the purview of any legal process,

| G. | whereas, in addition to the provisions of the ECHR, the allegations may give rise to liability on the part of the Member States as parties to:






  — | the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984, |
| --- | --- | --- |

G.

whereas, in addition to the provisions of the ECHR, the allegations may give rise to liability on the part of the Member States as parties to:

—

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984,

| — | the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1966, |
| --- | --- |

—

the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1966,

| — | the Chicago Convention of 7 December 1944 on International Civil Aviation, and in particular Articles 3, 4 and 6 thereof, |
| --- | --- |

—

the Chicago Convention of 7 December 1944 on International Civil Aviation, and in particular Articles 3, 4 and 6 thereof,

| H. | whereas the closest possible cooperation between European, American and all governments in the world committed to the same cause is necessary to combat terrorism, |
| --- | --- |

H.

whereas the closest possible cooperation between European, American and all governments in the world committed to the same cause is necessary to combat terrorism,

| I. | whereas the closest possible consultation and cooperation is necessary between the temporary committee and the Council of Europe, the United Nations High Commissioner for Human Rights and the authorities of the Member States, and in particular the national parliaments, |
| --- | --- |

I.

whereas the closest possible consultation and cooperation is necessary between the temporary committee and the Council of Europe, the United Nations High Commissioner for Human Rights and the authorities of the Member States, and in particular the national parliaments,

| J. | whereas this consultation and cooperation should take account of activities and investigations already carried out, and in particular:






  — | the final reports of the Swedish Ombudsman (4) and the Swedish Parliament's Constitutional Affairs Committee (5) and the reports still awaited from the United Nations Committee against Torture (6), which refer inter alia to the rendition to Egypt of Muhammed Al Zery and Ahmed Agiza, |
| --- | --- | --- |

J.

whereas this consultation and cooperation should take account of activities and investigations already carried out, and in particular:

—

the final reports of the Swedish Ombudsman (4) and the Swedish Parliament's Constitutional Affairs Committee (5) and the reports still awaited from the United Nations Committee against Torture (6), which refer inter alia to the rendition to Egypt of Muhammed Al Zery and Ahmed Agiza,

| — | the information memoranda of 22 November 2005 and 22 January 2006 on ‘Alleged secret detentions in Council of Europe member states’ by Senator Dick Marty, chair and rapporteur for the Committee on Legal Affairs and Human Rights of the Council of Europe Parliamentary Assembly, |
| --- | --- |

—

the information memoranda of 22 November 2005 and 22 January 2006 on ‘Alleged secret detentions in Council of Europe member states’ by Senator Dick Marty, chair and rapporteur for the Committee on Legal Affairs and Human Rights of the Council of Europe Parliamentary Assembly,

| — | judicial investigations in progress in various Member States, in particular the conclusions reached in Italy in the investigation by the Deputy Public Prosecutor of Milan (7) on the illegal abduction and rendition to Egypt of the Egyptian national Abu Omar, and the ongoing investigation in Germany by the Munich Public Prosecution Office on the alleged abduction and detention of the German citizen, Khaled El-Masri, |
| --- | --- |

—

judicial investigations in progress in various Member States, in particular the conclusions reached in Italy in the investigation by the Deputy Public Prosecutor of Milan (7) on the illegal abduction and rendition to Egypt of the Egyptian national Abu Omar, and the ongoing investigation in Germany by the Munich Public Prosecution Office on the alleged abduction and detention of the German citizen, Khaled El-Masri,

| — | parliamentary inquiries in progress or already concluded in various Member States and accession countries, |
| --- | --- |

—

parliamentary inquiries in progress or already concluded in various Member States and accession countries,

| — | statements made by the authorities of several Member States, in particular Germany, the United Kingdom, Spain and Ireland, regarding landings of civil aircraft used by the Central Intelligence Agency (CIA) which have taken place on their territories, |
| --- | --- |

—

statements made by the authorities of several Member States, in particular Germany, the United Kingdom, Spain and Ireland, regarding landings of civil aircraft used by the Central Intelligence Agency (CIA) which have taken place on their territories,

| K. | whereas, in the same way, special importance must be attached to the interim report by the Secretary-General of the Council of Europe (8), drawn up as part of the inquiry conducted under Article 52 of the ECHR, and the statements made by the Secretary-General at the press conference on 12 April 2006 in response to the detailed replies provided by the Member States of the Council of Europe (9), including the EU Member States; whereas the Secretary-General has stated that it is clear that rendition flights have taken place, that ‘virtually none of our Member States have proper legislative and administrative measures to effectively protect individuals against violations of human rights committed by agents of friendly foreign security services operating on their territory’g and that he has received ‘official acknowledgement of the “handing over” of individuals to foreign officials through procedures which do not comply with the standards and safeguards required by the ECHR and other legal instruments of the Council of Europe’ (10), |
| --- | --- |

K.

whereas, in the same way, special importance must be attached to the interim report by the Secretary-General of the Council of Europe (8), drawn up as part of the inquiry conducted under Article 52 of the ECHR, and the statements made by the Secretary-General at the press conference on 12 April 2006 in response to the detailed replies provided by the Member States of the Council of Europe (9), including the EU Member States; whereas the Secretary-General has stated that it is clear that rendition flights have taken place, that ‘virtually none of our Member States have proper legislative and administrative measures to effectively protect individuals against violations of human rights committed by agents of friendly foreign security services operating on their territory’g and that he has received ‘official acknowledgement of the “handing over” of individuals to foreign officials through procedures which do not comply with the standards and safeguards required by the ECHR and other legal instruments of the Council of Europe’ (10),

| L. | whereas this initial phase of the temporary committee's work has made it possible to assemble a coherent dossier of information deriving, in particular:






  — | from the hearings held on 13 and 23 February, 6, 13, 21 and 23 March, 20 and 25 April and 2 May 2006 with lawyers, journalists, representatives of non-governmental organisations (NGOs), alleged victims of extraordinary renditions, representatives of the public authorities of the Member States and representatives of the European institutions, |
| --- | --- | --- |

L.

whereas this initial phase of the temporary committee's work has made it possible to assemble a coherent dossier of information deriving, in particular:

—

from the hearings held on 13 and 23 February, 6, 13, 21 and 23 March, 20 and 25 April and 2 May 2006 with lawyers, journalists, representatives of non-governmental organisations (NGOs), alleged victims of extraordinary renditions, representatives of the public authorities of the Member States and representatives of the European institutions,

| — | from written contributions from guest speakers and official and other documents to which the temporary committee has had access to date, |
| --- | --- |

—

from written contributions from guest speakers and official and other documents to which the temporary committee has had access to date,

| — | from statements by representatives of the United States government who acknowledged the practice of rendition while at the same time denying the fact that torture had been used or outsourced, |
| --- | --- |

—

from statements by representatives of the United States government who acknowledged the practice of rendition while at the same time denying the fact that torture had been used or outsourced,

| M. | whereas, in the absence of any quasi-judicial investigatory powers and in the face of alleged activity by intelligence services being kept secret by national authorities, the temporary committee has gathered corroborated information that some illegal practices have taken place on European territory affecting European citizens and residents and has therefore shifted to European governments the burden of proving whether, in fact, their human rights obligations under Article 6 TEU and the ECHR have been met, |
| --- | --- |

M.

whereas, in the absence of any quasi-judicial investigatory powers and in the face of alleged activity by intelligence services being kept secret by national authorities, the temporary committee has gathered corroborated information that some illegal practices have taken place on European territory affecting European citizens and residents and has therefore shifted to European governments the burden of proving whether, in fact, their human rights obligations under Article 6 TEU and the ECHR have been met,

| N. | whereas the work carried out to date by the temporary committee confirms the validity of Parliament's decision of 18 January 2006 to set up the committee but has also shown the need to carry out further checks and gather additional information, and whereas it must therefore be allowed to continue its work so that it can fully carry out the mandate conferred on it, |
| --- | --- |

N.

whereas the work carried out to date by the temporary committee confirms the validity of Parliament's decision of 18 January 2006 to set up the committee but has also shown the need to carry out further checks and gather additional information, and whereas it must therefore be allowed to continue its work so that it can fully carry out the mandate conferred on it,

| O. | whereas paragraph 3 of its decision of 18 January 2006 stipulates that the temporary committee is to present an interim report to Parliament, with detailed proposals on how it will continue its work, |
| --- | --- |

O.

whereas paragraph 3 of its decision of 18 January 2006 stipulates that the temporary committee is to present an interim report to Parliament, with detailed proposals on how it will continue its work,

| P. | whereas, in the present resolution, ‘European countries’ should be understood as meaning Member States and accession, candidate and associate countries, as outlined in the mandate of the temporary committee adopted on 18 January 2006, |
| --- | --- |

P.

whereas, in the present resolution, ‘European countries’ should be understood as meaning Member States and accession, candidate and associate countries, as outlined in the mandate of the temporary committee adopted on 18 January 2006,

| Q. | whereas the present resolution covers three different types of arrangement which the USA appears to have:






  — | extraordinary rendition, in which individuals are transferred to another government for interrogation; |
| --- | --- | --- |

Q.

whereas the present resolution covers three different types of arrangement which the USA appears to have:

—

extraordinary rendition, in which individuals are transferred to another government for interrogation;

| — | secret detention, in which individuals are transferred to locations under the control of the USA; and |
| --- | --- |

—

secret detention, in which individuals are transferred to locations under the control of the USA; and

| — | proxy detention, in which individuals are transferred to the custody of a third country for detention at the behest of the USA; while no public record exists of a European country holding an individual at the behest of the USA it is very possible that individuals may have passed through European countries on their way to such detention, |
| --- | --- |

—

proxy detention, in which individuals are transferred to the custody of a third country for detention at the behest of the USA; while no public record exists of a European country holding an individual at the behest of the USA it is very possible that individuals may have passed through European countries on their way to such detention,

On the information obtained to date by the temporary committee

| 1. | Endorses the conclusions of the Secretary-General of the Council of Europe following the inquiry conducted under Article 52 of the ECHR; |
| --- | --- |

1.

Endorses the conclusions of the Secretary-General of the Council of Europe following the inquiry conducted under Article 52 of the ECHR;

| 2. | Notes also, in this context, Opinion No 363/2005 delivered by the European Commission for Democracy through Law (Venice Commission) (11) to the Parliamentary Assembly of the Council of Europe, and in particular the following points:






  — | active and passive cooperation by a Council of Europe member state in imposing and executing secret detentions engages its responsibility under the ECHR, |
| --- | --- | --- |

2.

Notes also, in this context, Opinion No 363/2005 delivered by the European Commission for Democracy through Law (Venice Commission) (11) to the Parliamentary Assembly of the Council of Europe, and in particular the following points:

—

active and passive cooperation by a Council of Europe member state in imposing and executing secret detentions engages its responsibility under the ECHR,

| — | a Council of Europe member state's responsibility is also engaged where its agents (police, security forces, etc.) cooperate with foreign authorities or do not prevent an arrest or unacknowledged detention without government knowledge, acting ultra vires; |
| --- | --- |

—

a Council of Europe member state's responsibility is also engaged where its agents (police, security forces, etc.) cooperate with foreign authorities or do not prevent an arrest or unacknowledged detention without government knowledge, acting ultra vires;

| 3. | Regrets that the rules governing the activities of secret services seem inadequate in several Member States, which means that more effective controls must be set up, in particular as regards the activities of foreign secret services on their territory, and also at foreign military bases, and considers that rules of cooperation should be established at EU level; |
| --- | --- |

3.

Regrets that the rules governing the activities of secret services seem inadequate in several Member States, which means that more effective controls must be set up, in particular as regards the activities of foreign secret services on their territory, and also at foreign military bases, and considers that rules of cooperation should be established at EU level;

| 4. | Regrets that the North Atlantic Treaty Organisation (NATO) has denied the temporary committee access to the full text of the NATO Council Decision adopted on 4 October 2001 on the implementation of Article 5 of the Washington Treaty; urgently invites NATO to grant access to the full text of the Decision to clarify the matter; |
| --- | --- |

4.

Regrets that the North Atlantic Treaty Organisation (NATO) has denied the temporary committee access to the full text of the NATO Council Decision adopted on 4 October 2001 on the implementation of Article 5 of the Washington Treaty; urgently invites NATO to grant access to the full text of the Decision to clarify the matter;

| 5. | Understands the importance of close co-operation between the intelligence services of the Member States and those of its allies, but stresses that such cooperation should not be confused with the abandonment of sovereignty over European territory and airspace; |
| --- | --- |

5.

Understands the importance of close co-operation between the intelligence services of the Member States and those of its allies, but stresses that such cooperation should not be confused with the abandonment of sovereignty over European territory and airspace;

| 6. | Notes the contributions made by the EU Coordinator for Counter-Terrorism, Mr De Vries, and by the High Representative for the Common Foreign and Security Policy, Mr Solana, who both stated that they were not aware of any violation of national, European or international law by Member States cooperating with the CIA, while adding, at the same time, that under EU law they were not competent to request relevant information from Member States; |
| --- | --- |

6.

Notes the contributions made by the EU Coordinator for Counter-Terrorism, Mr De Vries, and by the High Representative for the Common Foreign and Security Policy, Mr Solana, who both stated that they were not aware of any violation of national, European or international law by Member States cooperating with the CIA, while adding, at the same time, that under EU law they were not competent to request relevant information from Member States;

On the illegal seizures, removals, arrests, abductions, extraordinary renditions and secret detentions carried out by the CIA, other US agencies or services or other third-country security services

| 7. | Is concerned that, according to the information which has already emerged in the Member States, the Council of Europe and the work of the temporary committee, serious and inadmissible violations of fundamental human rights have, since 11 September 2001 and as part of the essential action to combat terrorism, taken place on several occasions, in particular with reference to the ECHR, the United Nations Convention against Torture, the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights; |
| --- | --- |

7.

Is concerned that, according to the information which has already emerged in the Member States, the Council of Europe and the work of the temporary committee, serious and inadmissible violations of fundamental human rights have, since 11 September 2001 and as part of the essential action to combat terrorism, taken place on several occasions, in particular with reference to the ECHR, the United Nations Convention against Torture, the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights;

| 8. | Is led to believe on the basis of evidence presented to the temporary committee that, in some cases, the CIA or other US services have been directly responsible for the illegal seizure, removal, abduction and detention of terrorist suspects on the territory of Member States, accession and candidate countries and for the extraordinary rendition of, amongst others, European nationals or residents; recalls that these actions do not correspond to known international law concepts and are contrary to the fundamental principles of human rights law; |
| --- | --- |

8.

Is led to believe on the basis of evidence presented to the temporary committee that, in some cases, the CIA or other US services have been directly responsible for the illegal seizure, removal, abduction and detention of terrorist suspects on the territory of Member States, accession and candidate countries and for the extraordinary rendition of, amongst others, European nationals or residents; recalls that these actions do not correspond to known international law concepts and are contrary to the fundamental principles of human rights law;

| 9. | Regrets that the agreements of understanding between the USA and European countries have not been made available to the temporary committee; |
| --- | --- |

9.

Regrets that the agreements of understanding between the USA and European countries have not been made available to the temporary committee;

| 10. | Condemns the practice of extraordinary renditions, which is aimed at ensuring that suspects are not brought before a court but are transferred to third countries to be interrogated, where they could be tortured, and detained in facilities controlled by the USA or local authorities; considers unacceptable the practices of certain governments consisting in limiting their responsibilities by asking for diplomatic assurances from countries in respect of which there is strong reason to believe they practice torture, which view was also expressed in the conclusions of Manfred Nowak, UN Special Rapporteur on torture; considers, moreover, that the extraordinary rendition of persons to places where torture is endemic is a violation of the principle of ‘non-refoulement’, as laid down in Article 3 of the UN Convention Against Torture; |
| --- | --- |

10.

Condemns the practice of extraordinary renditions, which is aimed at ensuring that suspects are not brought before a court but are transferred to third countries to be interrogated, where they could be tortured, and detained in facilities controlled by the USA or local authorities; considers unacceptable the practices of certain governments consisting in limiting their responsibilities by asking for diplomatic assurances from countries in respect of which there is strong reason to believe they practice torture, which view was also expressed in the conclusions of Manfred Nowak, UN Special Rapporteur on torture; considers, moreover, that the extraordinary rendition of persons to places where torture is endemic is a violation of the principle of ‘non-refoulement’, as laid down in Article 3 of the UN Convention Against Torture;

| 11. | Considers diplomatic assurances, insofar as they request an exception to the norm, to be a tacit acknowledgement of the existence of torture practices in third countries and therefore contradictory to the EU's responsibilities as set forth in the ‘Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment’, adopted by the Council on 9 April 2001; |
| --- | --- |

11.

Considers diplomatic assurances, insofar as they request an exception to the norm, to be a tacit acknowledgement of the existence of torture practices in third countries and therefore contradictory to the EU's responsibilities as set forth in the ‘Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment’, adopted by the Council on 9 April 2001;

| 12. | Is disturbed by the testimony given to the temporary committee by the Canadian citizen, Maher Arar, who was arrested by the US authorities, transferred by the CIA through a European airport and detained for twelve months in Syria, where he was subjected to torture; notes at the same time the statement given by US legal adviser, John Bellinger, who stated during the visit of the temporary committee delegation to the USA that the Arar case was dealt with under US immigration and customs law and had nothing to do with the alleged cases of rendition; |
| --- | --- |

12.

Is disturbed by the testimony given to the temporary committee by the Canadian citizen, Maher Arar, who was arrested by the US authorities, transferred by the CIA through a European airport and detained for twelve months in Syria, where he was subjected to torture; notes at the same time the statement given by US legal adviser, John Bellinger, who stated during the visit of the temporary committee delegation to the USA that the Arar case was dealt with under US immigration and customs law and had nothing to do with the alleged cases of rendition;

| 13. | Is deeply concerned that all the work of the temporary committee so far seems to indicate that European airspace and airports have been used by CIA front-companies in order to bypass the legal obligations for state aircraft as set out in the Chicago Convention, thus enabling persons suspected of terrorism to be transferred illegally to the custody of the CIA or the US military or to other countries (including Egypt, Jordan, Syria and Afghanistan) which frequently use torture during interrogations, as is recognised by the US government itself (12); |
| --- | --- |

13.

Is deeply concerned that all the work of the temporary committee so far seems to indicate that European airspace and airports have been used by CIA front-companies in order to bypass the legal obligations for state aircraft as set out in the Chicago Convention, thus enabling persons suspected of terrorism to be transferred illegally to the custody of the CIA or the US military or to other countries (including Egypt, Jordan, Syria and Afghanistan) which frequently use torture during interrogations, as is recognised by the US government itself (12);

| 14. | Notes that the work of the temporary committee has so far not revealed any evidence or proof of the existence of secret prisons in the EU; considers, however, that in the following months, the work of the temporary committee will focus more closely on this subject; |
| --- | --- |

14.

Notes that the work of the temporary committee has so far not revealed any evidence or proof of the existence of secret prisons in the EU; considers, however, that in the following months, the work of the temporary committee will focus more closely on this subject;

| 15. | Welcomes the reaction of the US Congress, which has implemented the McCain Amendment designed to ensure better protection for alleged terrorists from illegal treatment by state agencies; |
| --- | --- |

15.

Welcomes the reaction of the US Congress, which has implemented the McCain Amendment designed to ensure better protection for alleged terrorists from illegal treatment by state agencies;

On the possibility that Member States and accession and candidate countries have, through their actions or by omission, been involved or complicit in arrests, illegal seizures, removals, abductions, expulsions, extraordinary renditions and secret detentions

| 16. | Considers it implausible, on the basis of the testimonies and documents received to date, that certain European governments were not aware of the activities linked to extraordinary rendition taking place on their territory; in particular, considers it utterly implausible that many hundreds of flights through the airspace of several Member States, and a similar number of movements in and out of European airports could have taken place without the knowledge of either the security services or the intelligence services and without senior officials from those services at least giving thought to the link between those flights and the practice of extraordinary rendition; notes that this assumption is supported by the fact that senior figures in the US administration have always claimed to have acted without encroaching on the national sovereignty of European countries; |
| --- | --- |

16.

Considers it implausible, on the basis of the testimonies and documents received to date, that certain European governments were not aware of the activities linked to extraordinary rendition taking place on their territory; in particular, considers it utterly implausible that many hundreds of flights through the airspace of several Member States, and a similar number of movements in and out of European airports could have taken place without the knowledge of either the security services or the intelligence services and without senior officials from those services at least giving thought to the link between those flights and the practice of extraordinary rendition; notes that this assumption is supported by the fact that senior figures in the US administration have always claimed to have acted without encroaching on the national sovereignty of European countries;

| 17. | Considers it equally implausible, in the light of the results of the judicial enquiries and of the testimonies and documentation examined, that the abduction, by CIA agents in Milan on 17 February 2003, of the Egyptian national, Abu Omar, who was subsequently taken to Aviano and later to Ramstein, could have been organised and carried out without the Italian authorities or security services being informed thereof in advance; |
| --- | --- |

17.

Considers it equally implausible, in the light of the results of the judicial enquiries and of the testimonies and documentation examined, that the abduction, by CIA agents in Milan on 17 February 2003, of the Egyptian national, Abu Omar, who was subsequently taken to Aviano and later to Ramstein, could have been organised and carried out without the Italian authorities or security services being informed thereof in advance;

| 18. | Calls on the Italian Government, assuming that the conditions which prompted the earlier decision are no longer deemed to apply, to seek the extradition of the 22 CIA agents implicated in the abduction of Abu Omar in order to assist the judicial proceedings in progress and help establish the truth; |
| --- | --- |

18.

Calls on the Italian Government, assuming that the conditions which prompted the earlier decision are no longer deemed to apply, to seek the extradition of the 22 CIA agents implicated in the abduction of Abu Omar in order to assist the judicial proceedings in progress and help establish the truth;

| 19. | Condemns the abduction by the CIA of the German national, Khaled el Masri, who was held in Afghanistan from January to May 2004 and subjected to degrading and inhuman treatment; notes further the suspicion — not yet allayed — that Khaled el Masri was illegally held before that date, from 31 December 2003 to 23 January 2004, in the Former Yugoslav Republic of Macedonia and that he was transported from there to Afghanistan on 23-24 January 2004; considers the measures that the Former Yugoslav Republic of Macedonia claims to have taken to investigate the matter to be inadequate; |
| --- | --- |

19.

Condemns the abduction by the CIA of the German national, Khaled el Masri, who was held in Afghanistan from January to May 2004 and subjected to degrading and inhuman treatment; notes further the suspicion — not yet allayed — that Khaled el Masri was illegally held before that date, from 31 December 2003 to 23 January 2004, in the Former Yugoslav Republic of Macedonia and that he was transported from there to Afghanistan on 23-24 January 2004; considers the measures that the Former Yugoslav Republic of Macedonia claims to have taken to investigate the matter to be inadequate;

| 20. | Welcomes the parliamentary inquiry in the German Bundestag and awaits the final results of its committee of inquiry; |
| --- | --- |

20.

Welcomes the parliamentary inquiry in the German Bundestag and awaits the final results of its committee of inquiry;

| 21. | Emphasises the need for more democratic and judicial scrutiny of EU counter-terrorism measures; takes the view that the Council's Working Group on the fight against terrorism should systematically deal with the protection of human rights during its meetings and publish an annual report on this matter; |
| --- | --- |

21.

Emphasises the need for more democratic and judicial scrutiny of EU counter-terrorism measures; takes the view that the Council's Working Group on the fight against terrorism should systematically deal with the protection of human rights during its meetings and publish an annual report on this matter;

| 22. | Calls on the future Fundamental Rights Agency to pay particular attention to cases involving the extradition of alleged terrorist suspects from Member States to third countries; |
| --- | --- |

22.

Calls on the future Fundamental Rights Agency to pay particular attention to cases involving the extradition of alleged terrorist suspects from Member States to third countries;

| 23. | Deplores the fact that the Swedish state relinquished control of law enforcement on 18 December 2001 at Bromma airport when the Government's decision to expel two Egyptian citizens, Mohammed Al Zary and Ahmed Agiza, was executed and US operatives were allowed to exercise public authority on Swedish territory, which, according to the Swedish Chief Parliamentary Ombudsman, is not compatible with Swedish law; |
| --- | --- |

23.

Deplores the fact that the Swedish state relinquished control of law enforcement on 18 December 2001 at Bromma airport when the Government's decision to expel two Egyptian citizens, Mohammed Al Zary and Ahmed Agiza, was executed and US operatives were allowed to exercise public authority on Swedish territory, which, according to the Swedish Chief Parliamentary Ombudsman, is not compatible with Swedish law;

| 24. | Deplores the fact that Sweden's expulsion of the Egyptian nationals, Mohammed Al Zary and Ahmed Agiza, in December 2001, was based solely on diplomatic assurances from the Egyptian government, which did not provide effective safeguards against torture; |
| --- | --- |

24.

Deplores the fact that Sweden's expulsion of the Egyptian nationals, Mohammed Al Zary and Ahmed Agiza, in December 2001, was based solely on diplomatic assurances from the Egyptian government, which did not provide effective safeguards against torture;

| 25. | Urges that investigations be continued to clarify the role of US soldiers, who were part of the NATO-led Stabilisation Force (SFOR), in the abduction and transfer to Guantánamo Bay of six Bosnian nationals and/or residents of Algerian origin, contrary to a binding interim decision by the Human Rights Chamber for Bosnia and Herzegovina and despite the decision by the Bosnian Supreme Court to release the suspects, as testified by Manfred Nowak, who was a member of the Human Rights Chamber for Bosnia-Herzegovina at that time; calls for the possible role of the Bosnian government in this case to be examined further; highlights the need for more information on the possible involvement of NATO and the United Nations International Police Task Force (IPTF) in this connection; |
| --- | --- |

25.

Urges that investigations be continued to clarify the role of US soldiers, who were part of the NATO-led Stabilisation Force (SFOR), in the abduction and transfer to Guantánamo Bay of six Bosnian nationals and/or residents of Algerian origin, contrary to a binding interim decision by the Human Rights Chamber for Bosnia and Herzegovina and despite the decision by the Bosnian Supreme Court to release the suspects, as testified by Manfred Nowak, who was a member of the Human Rights Chamber for Bosnia-Herzegovina at that time; calls for the possible role of the Bosnian government in this case to be examined further; highlights the need for more information on the possible involvement of NATO and the United Nations International Police Task Force (IPTF) in this connection;

| 26. | Urges that investigations be continued to clarify the alleged existence of a secret detention facility in Kosovo and the possible involvement of the Kosovo Force (KFOR) in the illegal detention of terrorist suspects; |
| --- | --- |

26.

Urges that investigations be continued to clarify the alleged existence of a secret detention facility in Kosovo and the possible involvement of the Kosovo Force (KFOR) in the illegal detention of terrorist suspects;

| 27. | Proposes to invite the Secretary-General of NATO to a hearing of the temporary committee to clarify inter alia the possible involvement of SFOR and KFOR forces in the illegal arrest, handing over and detention of terrorist suspects; |
| --- | --- |

27.

Proposes to invite the Secretary-General of NATO to a hearing of the temporary committee to clarify inter alia the possible involvement of SFOR and KFOR forces in the illegal arrest, handing over and detention of terrorist suspects;

| 28. | Reminds the Member States that, under the case-law of the European Court of Human Rights, States have substantive and procedural positive obligations as regards human rights, are required to take legislative measures to prevent human rights violations taking place on their territory and must also investigate alleged violations and punish those responsible where such violations have taken place; further notes that, in the event of violations of the ECHR, they may be held liable for failure to comply with those positive obligations; stresses, consequently, that the Member States have an obligation to carry out investigations to ascertain whether their territory and their airspace have been used in the commission of violations of human rights, by themselves or by third countries with their necessary direct or indirect cooperation, and that they must also take all legislative measures needed to prevent the recurrence of such violations; |
| --- | --- |

28.

Reminds the Member States that, under the case-law of the European Court of Human Rights, States have substantive and procedural positive obligations as regards human rights, are required to take legislative measures to prevent human rights violations taking place on their territory and must also investigate alleged violations and punish those responsible where such violations have taken place; further notes that, in the event of violations of the ECHR, they may be held liable for failure to comply with those positive obligations; stresses, consequently, that the Member States have an obligation to carry out investigations to ascertain whether their territory and their airspace have been used in the commission of violations of human rights, by themselves or by third countries with their necessary direct or indirect cooperation, and that they must also take all legislative measures needed to prevent the recurrence of such violations;

On the use of torture

| 29. | Stresses that the prohibition of torture or cruel, inhuman and degrading treatment as defined in Article 1 of the United Nations Convention against Torture, is absolute and allows no exceptions whether in times of war or threat of war, domestic political instability or any other emergency; recalls that cases of incommunicado detention, abduction or extraordinary rendition constitute violations of fundamental rights under international law, in particular Articles 3 and 5 of the ECHR, especially since these acts are synonymous with torture or inhuman and degrading treatment; |
| --- | --- |

29.

Stresses that the prohibition of torture or cruel, inhuman and degrading treatment as defined in Article 1 of the United Nations Convention against Torture, is absolute and allows no exceptions whether in times of war or threat of war, domestic political instability or any other emergency; recalls that cases of incommunicado detention, abduction or extraordinary rendition constitute violations of fundamental rights under international law, in particular Articles 3 and 5 of the ECHR, especially since these acts are synonymous with torture or inhuman and degrading treatment;

| 30. | Recalls that information or confessions extracted under torture or by means of cruel, inhuman and degrading treatment may under no circumstances be considered as valid evidence, as laid down in the United Nations Convention against Torture, nor should they be used in any other way; reiterates commonly-held scepticism regarding the reliability of confessions obtained through torture and their contribution to the prevention and combating of terrorism, as testified, among others, by the former British Ambassador to Uzbekistan, Craig Murray, in a hearing before the temporary committee; |
| --- | --- |

30.

Recalls that information or confessions extracted under torture or by means of cruel, inhuman and degrading treatment may under no circumstances be considered as valid evidence, as laid down in the United Nations Convention against Torture, nor should they be used in any other way; reiterates commonly-held scepticism regarding the reliability of confessions obtained through torture and their contribution to the prevention and combating of terrorism, as testified, among others, by the former British Ambassador to Uzbekistan, Craig Murray, in a hearing before the temporary committee;

| 31. | Urges the Member States and accession and candidate countries to strictly comply with Article 3 of the UN Convention against Torture, in particular the principle of ‘non-refoulement’ according to which ‘no state party shall expel, return (“refouler”) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture’; calls also on the United States to review its interpretation of the principle of ‘non-refoulement’, as set out in Article 3 of the Convention; |
| --- | --- |

31.

Urges the Member States and accession and candidate countries to strictly comply with Article 3 of the UN Convention against Torture, in particular the principle of ‘non-refoulement’ according to which ‘no state party shall expel, return (“refouler”) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture’; calls also on the United States to review its interpretation of the principle of ‘non-refoulement’, as set out in Article 3 of the Convention;

| 32. | Calls on the Member States to reject altogether reliance on diplomatic assurances against torture, as recommended by Manfred Nowak; |
| --- | --- |

32.

Calls on the Member States to reject altogether reliance on diplomatic assurances against torture, as recommended by Manfred Nowak;

| 33. | Calls on the Council to adopt a common position against the use by Member States of diplomatic assurances from third countries, where there are substantial grounds for believing that individuals would be in danger of being subjected to torture or ill-treatment; |
| --- | --- |

33.

Calls on the Council to adopt a common position against the use by Member States of diplomatic assurances from third countries, where there are substantial grounds for believing that individuals would be in danger of being subjected to torture or ill-treatment;

On the use of European airspace and European airports by the CIA

| 34. | Believes that many of the flights by aircraft owned or hired by the CIA using the airspace and airports of Member States and accession and candidate countries have involved repeated violations of the Chicago Convention because the obligation to obtain authorisation, as laid down by Article 3 of that Convention in relation to state flights, was not complied with; |
| --- | --- |

34.

Believes that many of the flights by aircraft owned or hired by the CIA using the airspace and airports of Member States and accession and candidate countries have involved repeated violations of the Chicago Convention because the obligation to obtain authorisation, as laid down by Article 3 of that Convention in relation to state flights, was not complied with;

| 35. | Deplores the fact that no Member State or accession or candidate country has adopted procedures aimed at verifying whether civilian aircraft are being used for purposes incompatible with internationally established human rights standards; |
| --- | --- |

35.

Deplores the fact that no Member State or accession or candidate country has adopted procedures aimed at verifying whether civilian aircraft are being used for purposes incompatible with internationally established human rights standards;

| 36. | Considers European legislation on the single European sky, the use, control and management of national airspace, the use of Member State airports and European carriers to be totally inadequate; stresses the need to establish new national, European and international standards; calls on the Commission to immediately improve legislation by bringing forward a directive aimed at harmonising national laws on the surveillance of non-commercial civil aviation; |
| --- | --- |

36.

Considers European legislation on the single European sky, the use, control and management of national airspace, the use of Member State airports and European carriers to be totally inadequate; stresses the need to establish new national, European and international standards; calls on the Commission to immediately improve legislation by bringing forward a directive aimed at harmonising national laws on the surveillance of non-commercial civil aviation;

| 37. | Calls on the Commission to bring forward recommendations for Member States on improving standards of monitoring the activity of privately chartered aircraft using EU airports and airspace; |
| --- | --- |

37.

Calls on the Commission to bring forward recommendations for Member States on improving standards of monitoring the activity of privately chartered aircraft using EU airports and airspace;

| 38. | Considers it necessary to shed light on the true substance of the agreement relating to the new transatlantic agenda initialled in Athens on 22 January 2003, which speaks of increased use of European transit facilities to support the return of criminal/undesirable aliens; |
| --- | --- |

38.

Considers it necessary to shed light on the true substance of the agreement relating to the new transatlantic agenda initialled in Athens on 22 January 2003, which speaks of increased use of European transit facilities to support the return of criminal/undesirable aliens;

| 39. | Considers it necessary to establish how airspace, civil and military airports, and NATO and US bases have actually been used by the US secret services; |
| --- | --- |

39.

Considers it necessary to establish how airspace, civil and military airports, and NATO and US bases have actually been used by the US secret services;

| 40. | Considers it necessary to ascertain whether there is any evidence to confirm that secret prisons have been operating in some European countries, as has been alleged in several investigations by journalists and authoritative NGOs; |
| --- | --- |

40.

Considers it necessary to ascertain whether there is any evidence to confirm that secret prisons have been operating in some European countries, as has been alleged in several investigations by journalists and authoritative NGOs;

On the official delegation visits undertaken so far by the temporary committee

| 41. | Considers that the two official delegations to the Former Yugoslav Republic of Macedonia and the United States of America have been a source of essential information for the work of the temporary committee and have made it possible to directly ascertain both the political authorities' version of events and the view held by civil society; |
| --- | --- |

41.

Considers that the two official delegations to the Former Yugoslav Republic of Macedonia and the United States of America have been a source of essential information for the work of the temporary committee and have made it possible to directly ascertain both the political authorities' version of events and the view held by civil society;

| 42. | Condemns the fact that the German national, Khalid El-Masri, was held illegally in Afghanistan for more than four months in 2004; deplores the reluctance of the authorities of the Former Yugoslav Republic of Macedonia to confirm that El-Masri was in Skopje and was probably being held there before his rendition to Afghanistan by CIA agents; |
| --- | --- |

42.

Condemns the fact that the German national, Khalid El-Masri, was held illegally in Afghanistan for more than four months in 2004; deplores the reluctance of the authorities of the Former Yugoslav Republic of Macedonia to confirm that El-Masri was in Skopje and was probably being held there before his rendition to Afghanistan by CIA agents;

| 43. | Regrets the US government's strongly restrictive interpretation of the United Nations Convention against Torture, and notably of the prohibition on any renditions that may lead to extradited prisoners being subjected to torture or, cruel, inhuman or degrading treatment; |
| --- | --- |

43.

Regrets the US government's strongly restrictive interpretation of the United Nations Convention against Torture, and notably of the prohibition on any renditions that may lead to extradited prisoners being subjected to torture or, cruel, inhuman or degrading treatment;

On the future work of the temporary committee

| 44. | Notes the need to continue the work of the temporary committee and further examine the relevant events in order to ascertain whether there has been a violation of Article 6 TEU by one or more Member States; stresses also that the investigations should be extended to events and countries which have not been explicitly mentioned in this resolution; |
| --- | --- |

44.

Notes the need to continue the work of the temporary committee and further examine the relevant events in order to ascertain whether there has been a violation of Article 6 TEU by one or more Member States; stresses also that the investigations should be extended to events and countries which have not been explicitly mentioned in this resolution;

| 45. | Decides therefore that the temporary committee will continue its work for the remainder of its established twelve-month term, without prejudice to the provisions of Rule 175 of its Rules of Procedure on the possibility of extending the term; |
| --- | --- |

45.

Decides therefore that the temporary committee will continue its work for the remainder of its established twelve-month term, without prejudice to the provisions of Rule 175 of its Rules of Procedure on the possibility of extending the term;

| 46. | Considers that preparatory legislative work at EU and Council of Europe level should be initiated as soon as possible in order to provide adequate legal protection for persons within the jurisdiction of Member States and to ensure effective parliamentary scrutiny of intelligence services at national and European level; to that end, considers it essential to set up the European Union Agency for Fundamental Rights and make it operational; |
| --- | --- |

46.

Considers that preparatory legislative work at EU and Council of Europe level should be initiated as soon as possible in order to provide adequate legal protection for persons within the jurisdiction of Member States and to ensure effective parliamentary scrutiny of intelligence services at national and European level; to that end, considers it essential to set up the European Union Agency for Fundamental Rights and make it operational;

| 47. | Regrets the clear differences of approach that have emerged to date between the American and European legal models regarding the matters falling within the temporary committee's remit; recognises, however, that international terrorism represents one of the key threats to the security and stability of the EU and the international community as a whole and that this threat can only be fought by legal means in close cooperation with the USA; points to the urgent need for extraordinary renditions to be clearly prohibited in international law and for the European institutions to adopt a common position on this matter and address this issue with the third countries concerned; |
| --- | --- |

47.

Regrets the clear differences of approach that have emerged to date between the American and European legal models regarding the matters falling within the temporary committee's remit; recognises, however, that international terrorism represents one of the key threats to the security and stability of the EU and the international community as a whole and that this threat can only be fought by legal means in close cooperation with the USA; points to the urgent need for extraordinary renditions to be clearly prohibited in international law and for the European institutions to adopt a common position on this matter and address this issue with the third countries concerned;

| 48. | Considers that the temporary committee should also, on completion of its work, suggest the principles to be adopted, in particular:






  — | concerning the need for internal EU monitoring arrangements to ensure that Member States meet their human rights obligations, |
| --- | --- | --- |

48.

Considers that the temporary committee should also, on completion of its work, suggest the principles to be adopted, in particular:

—

concerning the need for internal EU monitoring arrangements to ensure that Member States meet their human rights obligations,

| — | as regards new rules on the exchange of information between intelligence services, |
| --- | --- |

—

as regards new rules on the exchange of information between intelligence services,

| — | as regards agreements with third countries and international organisations on combating terrorism; |
| --- | --- |

—

as regards agreements with third countries and international organisations on combating terrorism;

| — | as regards agreements with third countries in connection with the European Neighbourhood Policy, the most important underlying principle of which should always be respect for human rights; |
| --- | --- |

—

as regards agreements with third countries in connection with the European Neighbourhood Policy, the most important underlying principle of which should always be respect for human rights;

| 49. | Calls on its Bureau to take the necessary measures to enable the temporary committee, in view of the very specific nature of its powers, to fully carry out the mandate conferred on it by granting any appropriate derogation from Parliament's internal rules until completion of its work, in particular with regard to:






  — | the number of experts invited to hearings of the temporary committee and entitled to reimbursement of their expenses, |
| --- | --- | --- |

49.

Calls on its Bureau to take the necessary measures to enable the temporary committee, in view of the very specific nature of its powers, to fully carry out the mandate conferred on it by granting any appropriate derogation from Parliament's internal rules until completion of its work, in particular with regard to:

—

the number of experts invited to hearings of the temporary committee and entitled to reimbursement of their expenses,

| — | the number of visits and members authorised in the context of official delegations of the temporary committee, |
| --- | --- |

—

the number of visits and members authorised in the context of official delegations of the temporary committee,

| — | the drafting of verbatim reports of hearings conducted by the temporary committee, as well as the translation of those reports into the languages of those EU countries that are affected by the investigations; |
| --- | --- |

—

the drafting of verbatim reports of hearings conducted by the temporary committee, as well as the translation of those reports into the languages of those EU countries that are affected by the investigations;

| 50. | Welcomes the work done by the Council of Europe, and in particular by the rapporteur of its Committee on Legal Affairs and Human Rights, and the cooperation established between the Council of Europe and the temporary committee; |
| --- | --- |

50.

Welcomes the work done by the Council of Europe, and in particular by the rapporteur of its Committee on Legal Affairs and Human Rights, and the cooperation established between the Council of Europe and the temporary committee;

| 51. | Calls on the Council and each of its members, and in particular its Presidency, to lend their full and unconditional support to the work of the temporary committee, in accordance with the principle of loyal cooperation as defined by the Treaties and the decisions of the Court of Justice of the European Communities; |
| --- | --- |

51.

Calls on the Council and each of its members, and in particular its Presidency, to lend their full and unconditional support to the work of the temporary committee, in accordance with the principle of loyal cooperation as defined by the Treaties and the decisions of the Court of Justice of the European Communities;

| 52. | Calls on the Member States to take a stronger stance on the closing of the detention centre in Guantánamo Bay and to take a pro-active role in finding a solution for detainees against whom no legal proceedings will be brought and who cannot return to their country of origin or residence because they have become stateless or face torture or other cruel, inhuman and degrading treatment; |
| --- | --- |

52.

Calls on the Member States to take a stronger stance on the closing of the detention centre in Guantánamo Bay and to take a pro-active role in finding a solution for detainees against whom no legal proceedings will be brought and who cannot return to their country of origin or residence because they have become stateless or face torture or other cruel, inhuman and degrading treatment;

| 53. | Urges Member States to provide all European citizens and all those having resided in the EU who are currently detained at Guantánamo with all necessary support and assistance, in particular legal aid; |
| --- | --- |

53.

Urges Member States to provide all European citizens and all those having resided in the EU who are currently detained at Guantánamo with all necessary support and assistance, in particular legal aid;

| 54. | Encourages the Council of Europe Committee for Prevention of Torture (CPT) to work towards ensuring that each Council of Europe Member State complies with its obligation (13) to inform the CPT of any detention facility on their territory and allow access to such facilities; |
| --- | --- |

54.

Encourages the Council of Europe Committee for Prevention of Torture (CPT) to work towards ensuring that each Council of Europe Member State complies with its obligation (13) to inform the CPT of any detention facility on their territory and allow access to such facilities;

| 55. | Encourages the Commission to give its backing to the temporary committee in all the steps it is required to take; |
| --- | --- |

55.

Encourages the Commission to give its backing to the temporary committee in all the steps it is required to take;

| 56. | Recalls the vital importance of working in full cooperation with the parliaments of the Member States, accession countries, candidate countries and associate countries, in particular with those which have undertaken work on the same subject; |
| --- | --- |

56.

Recalls the vital importance of working in full cooperation with the parliaments of the Member States, accession countries, candidate countries and associate countries, in particular with those which have undertaken work on the same subject;

*

- *

| 57. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and accession countries, candidate countries and associate countries, the Council of Europe and the Government and both Houses of the United States Congress. |
| --- | --- |

57.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and accession countries, candidate countries and associate countries, the Council of Europe and the Government and both Houses of the United States Congress.

---

(1)  Texts Adopted, P6_TA(2005)0529.

(2)  Texts Adopted, P6_TA(2006)0012.

(3)  OJ C 364, 18.12.2000, p. 1.

(4)  Parliamentary Ombudsman, ‘A review of the enforcement by the Security Police of a Government decision to expel two Egyptian citizens’, reference No 2169-2004 (22 May 2005).

(5)  Swedish Parliament, ‘The Swedish Government's handling of matters relating to expulsion to Egypt’, Scrutiny report 2005/06-KU2

http://www.riksdagen.se/templates/R_PageExtended_7639.aspx.

(6)  Decision of the Committee Against Torture, Communication No 233/2003, Mr Ahmed Hussein Kamil Agiza/Sweden (20 May 2005),

http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/3ef42bcd48fe9d9bc1257020005533ca?Opendocument.

(7)  Milan Court, Sezione Giudice per le indagini preliminari, Reference numbers 10838/05 R.G.N.R and 1966/05 R.G.GIP.

(8)  Secretary-General's report under Article 52 ECHR on the question of secret detention and transport of detainees suspected of terrorist acts, notably by or at the instigation of foreign agencies,

https://wcd.coe.int/ViewDoc.jsp?Ref=SG/Inf%282006%295&Sector=secPrivateOffice&Language=lanEnglish&Ver=original&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75.

(9)  http://www.coe.int/T/E/Com/Files/Events/2006-cia/annexes.asp.

(10)  Notes for the press conference given by Terry Davis, Secretary-General of the Council of Europe, on Wednesday 12 April 2006,

http://www.coe.int/T/E/Com/Files/PA-Sessions/April-2006/20060412_Speaking-notes_sg.asp.

(11)  http://www.venice.coe.int/docs/2006/CDL-AD%282006%29009-e.asp#_Toc130704767.

(12)  See US Department of State country reports on human rights practices (2003).

(13)  European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Ref.: CPT/Inf/C (2002) 1 [EN] (Part 1) - Strasbourg, 26.XI.1987, Article 8.

P6_TA(2006)0317

Interception of bank transfer data from the SWIFT system by the US secret services

European Parliament resolution on the interception of bank transfer data from the SWIFT system by the US secret services

The European Parliament,

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), in particular Article 8 thereof, |
| --- | --- |

—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), in particular Article 8 thereof,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 7 and 8 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 7 and 8 thereof,

| — | having regard to Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, |
| --- | --- |

—

having regard to Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data,

| — | having regard to Article 6 of the EU Treaty and Article 286 of the EC Treaty, |
| --- | --- |

—

having regard to Article 6 of the EU Treaty and Article 286 of the EC Treaty,

| — | having regard to 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 (1), |
| --- | --- |

—

having regard to 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 (1),

| — | having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2), |
| --- | --- |

—

having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

| — | having regard to the proposal for a regulation on information on the payer accompanying transfers of funds (COM(2005)0343), |
| --- | --- |

—

having regard to the proposal for a regulation on information on the payer accompanying transfers of funds (COM(2005)0343),

| — | having regard to the complaints filed by Privacy International to data protection and privacy regulators in 33 countries alleging that the SWIFT transfers were undertaken without regard to legal process under data protection law, and that the disclosures were made without any legal basis or authority, |
| --- | --- |

—

having regard to the complaints filed by Privacy International to data protection and privacy regulators in 33 countries alleging that the SWIFT transfers were undertaken without regard to legal process under data protection law, and that the disclosures were made without any legal basis or authority,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas European and US media have recently revealed the existence of the Terrorist Finance Tracking Program, put in place by the US administration, which has allowed US authorities to access all the financial data stored by SWIFT (Society for Worldwide Interbank Financial Telecommunications), a Belgian-based industry-owned cooperative which consists of more than 8 000 commercial banks and institutions in 200 countries, including a number of central banks, |
| --- | --- |

A.

whereas European and US media have recently revealed the existence of the Terrorist Finance Tracking Program, put in place by the US administration, which has allowed US authorities to access all the financial data stored by SWIFT (Society for Worldwide Interbank Financial Telecommunications), a Belgian-based industry-owned cooperative which consists of more than 8 000 commercial banks and institutions in 200 countries, including a number of central banks,

| B. | whereas the information stored by SWIFT to which the US authorities have had access concerns hundred of thousands of EU citizens, as European banks use the SWIFT messaging system for the worldwide transfer of funds between banks, and whereas SWIFT generates millions of transfers and banking transactions on a daily basis, |
| --- | --- |

B.

whereas the information stored by SWIFT to which the US authorities have had access concerns hundred of thousands of EU citizens, as European banks use the SWIFT messaging system for the worldwide transfer of funds between banks, and whereas SWIFT generates millions of transfers and banking transactions on a daily basis,

| C. | whereas any transfer of data generated within EU territory that is to be used outside EU territory should as a minimum be subject to an adequacy assessment pursuant to Directive 95/46/EC, |
| --- | --- |

C.

whereas any transfer of data generated within EU territory that is to be used outside EU territory should as a minimum be subject to an adequacy assessment pursuant to Directive 95/46/EC,

| D. | whereas access to data managed by SWIFT makes it possible to detect not only transfers linked to illegal activities, but also information on the economic activities of the individuals and countries concerned, and this could give rise to large-scale forms of economic and industrial espionage, |
| --- | --- |

D.

whereas access to data managed by SWIFT makes it possible to detect not only transfers linked to illegal activities, but also information on the economic activities of the individuals and countries concerned, and this could give rise to large-scale forms of economic and industrial espionage,

| 1. | Recalls its determination to fight terrorism and believes in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights; expresses its serious concern at the fact that a climate of deteriorating respect for privacy and data protection is being created; |
| --- | --- |

1.

Recalls its determination to fight terrorism and believes in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights; expresses its serious concern at the fact that a climate of deteriorating respect for privacy and data protection is being created;

| 2. | Stresses that the European Union is based on the rule of law and that all transfers of personal data to third countries are subject to data protection legislation at national and European level, which provides that any transfer must be authorised by a judicial authority and that any derogation from this principle must be proportional and founded on a law or an international agreement; |
| --- | --- |

2.

Stresses that the European Union is based on the rule of law and that all transfers of personal data to third countries are subject to data protection legislation at national and European level, which provides that any transfer must be authorised by a judicial authority and that any derogation from this principle must be proportional and founded on a law or an international agreement;

| 3. | Believes that only by applying Article 8 of the ECHR, acting in the framework of Community law and having regard to Article 13 of Directive 95/46/EC, can the Member States — in the interests of state security, public order and safety — derogate from the principle of data finality whereby the onward forwarding of commercial data is prohibited, which principle is the only legitimate basis for the storing of personal data by private parties, and thereby reduce the level of data protection only when this is necessary, proportional and compatible with a democratic society; |
| --- | --- |

3.

Believes that only by applying Article 8 of the ECHR, acting in the framework of Community law and having regard to Article 13 of Directive 95/46/EC, can the Member States — in the interests of state security, public order and safety — derogate from the principle of data finality whereby the onward forwarding of commercial data is prohibited, which principle is the only legitimate basis for the storing of personal data by private parties, and thereby reduce the level of data protection only when this is necessary, proportional and compatible with a democratic society;

| 4. | Notes the abovementioned proposal for a regulation, which may contribute to establishing a legal framework for the transfer of this information; regrets that the European Parliament — contrary to the principle of loyal and constant cooperation between the Community institutions — has not been informed during negotiations and trialogues by the other institutions, in particular the European Central Bank, of the existence of the SWIFT transfers; |
| --- | --- |

4.

Notes the abovementioned proposal for a regulation, which may contribute to establishing a legal framework for the transfer of this information; regrets that the European Parliament — contrary to the principle of loyal and constant cooperation between the Community institutions — has not been informed during negotiations and trialogues by the other institutions, in particular the European Central Bank, of the existence of the SWIFT transfers;

| 5. | Demands that the Commission, the Council and the European Central Bank (the ECB) explain fully the extent to which they were aware of the secret agreement between SWIFT and the US government; |
| --- | --- |

5.

Demands that the Commission, the Council and the European Central Bank (the ECB) explain fully the extent to which they were aware of the secret agreement between SWIFT and the US government;

| 6. | Demands in this context that the role and functioning of the ECB be clarified, and asks the European Data Protection Supervisor to check as soon as possible whether, in accordance with Regulation (EC) No 45/2001, the ECB was obliged to react to the possible violation of data protection which had come to its knowledge; |
| --- | --- |

6.

Demands in this context that the role and functioning of the ECB be clarified, and asks the European Data Protection Supervisor to check as soon as possible whether, in accordance with Regulation (EC) No 45/2001, the ECB was obliged to react to the possible violation of data protection which had come to its knowledge;

| 7. | Recalls that the ECB is supposed to guarantee that central banks access SWIFT only within a legal framework; |
| --- | --- |

7.

Recalls that the ECB is supposed to guarantee that central banks access SWIFT only within a legal framework;

| 8. | Demands that the Member States check whether and ensure that there is no legal lacuna at national level and that the Community data protection legislation also covers central banks; asks the Member States to transmit the results of that check to the Commission, the Council and the European Parliament; |
| --- | --- |

8.

Demands that the Member States check whether and ensure that there is no legal lacuna at national level and that the Community data protection legislation also covers central banks; asks the Member States to transmit the results of that check to the Commission, the Council and the European Parliament;

| 9. | Demands that the Council urgently examine and adopt the proposal for a framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (COM(2005)0475) in order to ensure that European citizens enjoy a uniform and high level of data protection throughout the Union's territory; |
| --- | --- |

9.

Demands that the Council urgently examine and adopt the proposal for a framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (COM(2005)0475) in order to ensure that European citizens enjoy a uniform and high level of data protection throughout the Union's territory;

| 10. | Draws the Council's attention in particular to Amendments 26 and 58 of Parliament's position adopted on 14 June 2006 (3) on the abovementioned proposal for a framework decision, which aim to regulate the treatment of data transferred to private parties in the public interest; |
| --- | --- |

10.

Draws the Council's attention in particular to Amendments 26 and 58 of Parliament's position adopted on 14 June 2006 (3) on the abovementioned proposal for a framework decision, which aim to regulate the treatment of data transferred to private parties in the public interest;

| 11. | Reiterates its great disappointment with the Council's unwillingness to overcome the current legislative situation, where, under either the first or the third pillar, two different procedural frameworks for the protection of fundamental rights apply; reiterates, therefore, its demand for this dual framework to be abolished by activating the bridging clause provided for in Article 42 TEU; |
| --- | --- |

11.

Reiterates its great disappointment with the Council's unwillingness to overcome the current legislative situation, where, under either the first or the third pillar, two different procedural frameworks for the protection of fundamental rights apply; reiterates, therefore, its demand for this dual framework to be abolished by activating the bridging clause provided for in Article 42 TEU;

| 12. | Requests that the Commission undertake an evaluation of all EU anti-terrorist legislation that has been adopted from the point of view of efficiency, necessity, proportionality and respect for fundamental rights; strongly urges the Commission and Council to consider what measures should be taken to avoid future repetitions of such serious privacy breaches; |
| --- | --- |

12.

Requests that the Commission undertake an evaluation of all EU anti-terrorist legislation that has been adopted from the point of view of efficiency, necessity, proportionality and respect for fundamental rights; strongly urges the Commission and Council to consider what measures should be taken to avoid future repetitions of such serious privacy breaches;

| 13. | Strongly disapproves of any secret operations on EU territory that affect the privacy of EU citizens; is deeply concerned that such operations should be taking place without the citizens of Europe and their parliamentary representation having been informed; urges the USA and its intelligence and security services to act in a spirit of good cooperation and notify their allies of any security operations they intend to carry out on EU territory; |
| --- | --- |

13.

Strongly disapproves of any secret operations on EU territory that affect the privacy of EU citizens; is deeply concerned that such operations should be taking place without the citizens of Europe and their parliamentary representation having been informed; urges the USA and its intelligence and security services to act in a spirit of good cooperation and notify their allies of any security operations they intend to carry out on EU territory;

| 14. | Asks its Committee on Civil Liberties, Justice and Home Affairs, together with its Committee on Economic and Monetary Affairs, to hold, as soon as possible, a joint hearing of the ECB, the Commission, the Council, the European Data Protection Supervisor and other private and public parties that are involved in the affair in order to uncover what information they may have had; |
| --- | --- |

14.

Asks its Committee on Civil Liberties, Justice and Home Affairs, together with its Committee on Economic and Monetary Affairs, to hold, as soon as possible, a joint hearing of the ECB, the Commission, the Council, the European Data Protection Supervisor and other private and public parties that are involved in the affair in order to uncover what information they may have had;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States, accession countries and candidate countries, and the United States Government and the two Chambers of Congress. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States, accession countries and candidate countries, and the United States Government and the two Chambers of Congress.

---

(1)  OJ L 281, 23.11.1995, p. 31.

(2)  OJ L 8, 12.1.2001, p. 1.

(3)  Texts Adopted, P6_TA(2006)0258.

P6_TA(2006)0318

Integration of immigrants in the European Union

European Parliament resolution on strategies and means for the integration of immigrants in the European Union (2006/2056(INI))

The European Parliament,

| — | having regard to the Commission Communication of 1 September 2005 entitled ‘A Common Agenda for Integration — Framework for the Integration of Third-Country Nationals in the European Union’ (COM(2005)0389), |
| --- | --- |

—

having regard to the Commission Communication of 1 September 2005 entitled ‘A Common Agenda for Integration — Framework for the Integration of Third-Country Nationals in the European Union’ (COM(2005)0389),

| — | having regard to Article 13 of the EC Treaty, |
| --- | --- |

—

having regard to Article 13 of the EC Treaty,

| — | having regard to the EC Treaty, which confers on the Community powers and responsibilities in the spheres of immigration and asylum, and in particular to Article 63(3)(a) thereof, |
| --- | --- |

—

having regard to the EC Treaty, which confers on the Community powers and responsibilities in the spheres of immigration and asylum, and in particular to Article 63(3)(a) thereof,

| — | having regard to the Presidency Conclusions of the Tampere European Council of 15 and 16 October 1999, of the Laeken European Council of 14 and 15 December 2001, of the Seville European Council of 21 and 22 June 2002 and of the Thessaloniki European Council of 19 and 20 June 2003, which stress the importance of developing cooperation and exchange of information within the framework of the newly-established group of national contact points on integration with a view in particular to strengthening coordination of relevant policies at national and EU level, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Tampere European Council of 15 and 16 October 1999, of the Laeken European Council of 14 and 15 December 2001, of the Seville European Council of 21 and 22 June 2002 and of the Thessaloniki European Council of 19 and 20 June 2003, which stress the importance of developing cooperation and exchange of information within the framework of the newly-established group of national contact points on integration with a view in particular to strengthening coordination of relevant policies at national and EU level,

| — | having regard to the Hague Programme adopted by the European Council on 4 November 2004, which set the objectives to be implemented in the area of freedom, security and justice in the period 2005-2010, |
| --- | --- |

—

having regard to the Hague Programme adopted by the European Council on 4 November 2004, which set the objectives to be implemented in the area of freedom, security and justice in the period 2005-2010,

| — | having regard to the informal ministerial meeting in Groningen on 9 November 2004, where ministers responsible for integration policy met for the first time, |
| --- | --- |

—

having regard to the informal ministerial meeting in Groningen on 9 November 2004, where ministers responsible for integration policy met for the first time,

| — | having regard to the Common Basic Principles for immigrant integration policy in the European Union adopted by the Council of the European Union on 19 November 2004 (1), |
| --- | --- |

—

having regard to the Common Basic Principles for immigrant integration policy in the European Union adopted by the Council of the European Union on 19 November 2004 (1),

| — | having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 18, 20, 21 and 22 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 18, 20, 21 and 22 thereof,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0190/2006), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0190/2006),

| A. | whereas the challenge of integrating immigrants is one to which the EU has risen before; whereas a quarter of a century ago, most of its immigrants were southern Europeans; whereas today, southern Europe is a thriving part of the Union and its citizens are no longer perceived as immigrants, though at the time many considered them alien and ‘unintegratable’; whereas the accession of their countries of origin to the Union strengthened the EU as a whole; whereas likewise, citizens of the new Member States are now full EU citizens, |
| --- | --- |

A.

whereas the challenge of integrating immigrants is one to which the EU has risen before; whereas a quarter of a century ago, most of its immigrants were southern Europeans; whereas today, southern Europe is a thriving part of the Union and its citizens are no longer perceived as immigrants, though at the time many considered them alien and ‘unintegratable’; whereas the accession of their countries of origin to the Union strengthened the EU as a whole; whereas likewise, citizens of the new Member States are now full EU citizens,

| B. | whereas today the Union faces an integration challenge of a different sort, in that it can no longer assume that most of its immigrants will eventually become integrated as their countries of origin join the Union, |
| --- | --- |

B.

whereas today the Union faces an integration challenge of a different sort, in that it can no longer assume that most of its immigrants will eventually become integrated as their countries of origin join the Union,

| C. | whereas the number of immigrants in the EU is estimated at 40 million, and their descendants total millions more; whereas this growing population is extraordinarily diverse but confronted by similar problems: their rate of labour-force participation is well below average and their success rates in school lag markedly behind; whereas they are politically under-represented at all levels of government, including in Member State political parties and in European institutions, |
| --- | --- |

C.

whereas the number of immigrants in the EU is estimated at 40 million, and their descendants total millions more; whereas this growing population is extraordinarily diverse but confronted by similar problems: their rate of labour-force participation is well below average and their success rates in school lag markedly behind; whereas they are politically under-represented at all levels of government, including in Member State political parties and in European institutions,

| D. | whereas although these over 40 million immigrants might be seen as the EU's 26th Member State (and its fifth largest in terms of population), and the EU's concern and efforts to integrate this population should be equivalent to EU commitments to integrate accession countries, the Union has, in trying to overcome this integration challenge — the failure of which could undermine the EU socially, economically, and politically — committed precious few resources; whereas not only must long-term funding be allocated to the new European Fund for the Integration of third-country nationals (COM(2005)0123), but it should be ensured that the relevant Commission DGs earmark of their funding towards EU integration policy, |
| --- | --- |

D.

whereas although these over 40 million immigrants might be seen as the EU's 26th Member State (and its fifth largest in terms of population), and the EU's concern and efforts to integrate this population should be equivalent to EU commitments to integrate accession countries, the Union has, in trying to overcome this integration challenge — the failure of which could undermine the EU socially, economically, and politically — committed precious few resources; whereas not only must long-term funding be allocated to the new European Fund for the Integration of third-country nationals (COM(2005)0123), but it should be ensured that the relevant Commission DGs earmark of their funding towards EU integration policy,

| E. | whereas the European Union's commitment to integration has long been curbed by the commonly-held idea that ‘integration is local’; whereas, in fact, integration is just as global in its implications, especially when it fails, since the failure by a single Member State to implement successful integration policies can have adverse consequences for the Union as a whole, for example:






  — | under-employment of immigrants, weakening the entire Union economy and thwarting fulfilment of the Lisbon agenda; |
| --- | --- | --- |

E.

whereas the European Union's commitment to integration has long been curbed by the commonly-held idea that ‘integration is local’; whereas, in fact, integration is just as global in its implications, especially when it fails, since the failure by a single Member State to implement successful integration policies can have adverse consequences for the Union as a whole, for example:

—

under-employment of immigrants, weakening the entire Union economy and thwarting fulfilment of the Lisbon agenda;

| — | high- and low-skilled workers needed by the EU, seeing how inhospitable Europe can be to them, being driven into the underground economy or into the arms of the EU's economic competitors; |
| --- | --- |

—

high- and low-skilled workers needed by the EU, seeing how inhospitable Europe can be to them, being driven into the underground economy or into the arms of the EU's economic competitors;

| — | absence of effective integration policies, leading to negative perceptions of immigrants and to defensive immigration policies; |
| --- | --- |

—

absence of effective integration policies, leading to negative perceptions of immigrants and to defensive immigration policies;

| — | fear among citizens subverting respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; |
| --- | --- |

—

fear among citizens subverting respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;

| — | perceptions and prejudices about immigrants who have not integrated undermining the Union's successful enlargement, |
| --- | --- |

—

perceptions and prejudices about immigrants who have not integrated undermining the Union's successful enlargement,

| F. | whereas the success of integration will strengthen the Union's economy in the face of global competition; whereas the Union, while cognizant of the need to prevent brain drain, will attract the workers and entrepreneurs its economies need, as well as the scientists and students who are the bedrock of its ability to innovate; whereas EU cities will be safer and communities stronger where a focused, consistent and adequately-funded integration policy applies; whereas xenophobic tendencies will be diminished and respect for the fundamental rights of all fortified; whereas Europe's position in the world will be enhanced, |
| --- | --- |

F.

whereas the success of integration will strengthen the Union's economy in the face of global competition; whereas the Union, while cognizant of the need to prevent brain drain, will attract the workers and entrepreneurs its economies need, as well as the scientists and students who are the bedrock of its ability to innovate; whereas EU cities will be safer and communities stronger where a focused, consistent and adequately-funded integration policy applies; whereas xenophobic tendencies will be diminished and respect for the fundamental rights of all fortified; whereas Europe's position in the world will be enhanced,

| G. | whereas local, regional and national authorities play an essential role and whereas their responsibilities in areas such as town planning, housing and education have a direct impact on the integration process; whereas such authorities should become more closely involved in the European debate; whereas through the Community Structural Funds the European Union provides important support for initiatives taken at these levels, |
| --- | --- |

G.

whereas local, regional and national authorities play an essential role and whereas their responsibilities in areas such as town planning, housing and education have a direct impact on the integration process; whereas such authorities should become more closely involved in the European debate; whereas through the Community Structural Funds the European Union provides important support for initiatives taken at these levels,

| H. | whereas there is no such thing as one clear-cut solution for successful integration in the European Union; whereas local, regional, and national authorities (and especially urban centres, where the majority of immigrants is concentrated) should have the ability and funds to determine and implement precise integration measures, and Member States and the Union as a whole must zealously develop integration strategies and monitor the effectiveness and outcomes of these integration measures in a more active and effective way, thereby ensuring the implementation of integration strategies whose outcomes advance the Union's common interests, and to this end the Commission must carry out the proposed research to map levels of participation and integration across the EU, |
| --- | --- |

H.

whereas there is no such thing as one clear-cut solution for successful integration in the European Union; whereas local, regional, and national authorities (and especially urban centres, where the majority of immigrants is concentrated) should have the ability and funds to determine and implement precise integration measures, and Member States and the Union as a whole must zealously develop integration strategies and monitor the effectiveness and outcomes of these integration measures in a more active and effective way, thereby ensuring the implementation of integration strategies whose outcomes advance the Union's common interests, and to this end the Commission must carry out the proposed research to map levels of participation and integration across the EU,

| I. | whereas integration is a ‘two-way process’ that presupposes both the immigrants' willingness to, and responsibility in, integrating into their host society and EU citizens' willingness to accept and include migrants, and consists in integrated actions aimed at influencing the behaviour of both immigrants and host societies on all relevant levels and mobilising resources on both sides in order to implement policies; whereas this two-way process involves a mutual commitment, with both rights and obligations, for the host society and immigrants, |
| --- | --- |

I.

whereas integration is a ‘two-way process’ that presupposes both the immigrants' willingness to, and responsibility in, integrating into their host society and EU citizens' willingness to accept and include migrants, and consists in integrated actions aimed at influencing the behaviour of both immigrants and host societies on all relevant levels and mobilising resources on both sides in order to implement policies; whereas this two-way process involves a mutual commitment, with both rights and obligations, for the host society and immigrants,

| J. | whereas the priorities that guide EU actions in the field should include:






  — | improving the employment prospects of immigrants and reducing the employment gap with the host population, including through the provision of appropriate information and training programmes by public authorities and social partners and the recognition of immigrants' training and professional qualifications, while taking into account particularly the situation of migrant women, among whom the unemployment rate is often higher, |
| --- | --- | --- |

J.

whereas the priorities that guide EU actions in the field should include:

—

improving the employment prospects of immigrants and reducing the employment gap with the host population, including through the provision of appropriate information and training programmes by public authorities and social partners and the recognition of immigrants' training and professional qualifications, while taking into account particularly the situation of migrant women, among whom the unemployment rate is often higher,

| — | enhancing educational and language opportunities for immigrants and their descendants, including through funding from Commission DG Education and Culture, eventually eliminating the performance gap with others, recognising, inter alia, that children of immigrants studying in a different language and trying to adapt to new customs may encounter more difficulties in the learning process than their schoolmates, which may, in turn, lead to difficulties in their adaptation to and integration into society, and also recognising that even migrants who already have high-level qualifications may still need to adapt them to what is required in the host society, |
| --- | --- |

—

enhancing educational and language opportunities for immigrants and their descendants, including through funding from Commission DG Education and Culture, eventually eliminating the performance gap with others, recognising, inter alia, that children of immigrants studying in a different language and trying to adapt to new customs may encounter more difficulties in the learning process than their schoolmates, which may, in turn, lead to difficulties in their adaptation to and integration into society, and also recognising that even migrants who already have high-level qualifications may still need to adapt them to what is required in the host society,

| — | increasing political and civic education, participation and representation of immigrants in all appropriate domains of governance, civil society and decision- and policy-making, |
| --- | --- |

—

increasing political and civic education, participation and representation of immigrants in all appropriate domains of governance, civil society and decision- and policy-making,

| — | fighting racism, xenophobia and discrimination against immigrants, especially in the workplace, schools, housing, health, public services, the mass media and politics, increasing mutual respect and understanding of each other's similarities and differences and facilitating access to information on equal rights and opportunities tailored to linguistic needs, |
| --- | --- |

—

fighting racism, xenophobia and discrimination against immigrants, especially in the workplace, schools, housing, health, public services, the mass media and politics, increasing mutual respect and understanding of each other's similarities and differences and facilitating access to information on equal rights and opportunities tailored to linguistic needs,

whereas the EU institutions should ensure that their well-meant initiatives do not simply become symbolic policies with no added value,

| K. | whereas promotion of fundamental rights, equal opportunities for all and non-discrimination are of key importance to integration; whereas the proposal to make 2007 European Year of Equal Opportunities for All and the plans for a European Year of Intercultural Dialogue in 2008 are major awareness-raising initiatives that will help to achieve these objectives, |
| --- | --- |

K.

whereas promotion of fundamental rights, equal opportunities for all and non-discrimination are of key importance to integration; whereas the proposal to make 2007 European Year of Equal Opportunities for All and the plans for a European Year of Intercultural Dialogue in 2008 are major awareness-raising initiatives that will help to achieve these objectives,

| L. | whereas there is a clear link between a successful EU integration policy and the European Union's endeavour to develop a legal immigration and migration policy; whereas the first practical step should be to improve coordination between the authorities responsible for the admission of immigrants and the authorities responsible for the integration of immigrants, |
| --- | --- |

L.

whereas there is a clear link between a successful EU integration policy and the European Union's endeavour to develop a legal immigration and migration policy; whereas the first practical step should be to improve coordination between the authorities responsible for the admission of immigrants and the authorities responsible for the integration of immigrants,

| 1. | Urges the Commission to ensure the effective implementation of the existing Directives linked to integration, notably Council Directives 2003/86/EC of 22 September 2003 on the right to family reunification (2), 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (3), 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (4) and 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (5); whereas many Member States lag behind in effectively implementing these Directives, and it is critical for the Commission to monitor more rigorously both the transposition of integration-related Directives and the effectiveness of administrative practices that implement the relevant legislation in the day-to-day lives of immigrants; |
| --- | --- |

1.

Urges the Commission to ensure the effective implementation of the existing Directives linked to integration, notably Council Directives 2003/86/EC of 22 September 2003 on the right to family reunification (2), 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (3), 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (4) and 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (5); whereas many Member States lag behind in effectively implementing these Directives, and it is critical for the Commission to monitor more rigorously both the transposition of integration-related Directives and the effectiveness of administrative practices that implement the relevant legislation in the day-to-day lives of immigrants;

| 2. | Welcomes the Commission proposal to establish the abovementioned European Fund for the Integration of third-country nationals for the period 2007-2013 and urges that use of this fund follow six concrete principles, namely:






  a) | a single annual focal point should define disbursements, allowing the Commission to develop a critical mass of expertise and more rigorously to assess, evaluate, and invest in programmes; target investment areas should include reducing the employment gap between immigrants and others, improving immigrant participation and performance in education, advancing the education and employment prospects of women, language and introductory programmes, health, housing and urban living and enhancing political and civic participation of immigrants; |
| --- | --- | --- |

2.

Welcomes the Commission proposal to establish the abovementioned European Fund for the Integration of third-country nationals for the period 2007-2013 and urges that use of this fund follow six concrete principles, namely:

a)

a single annual focal point should define disbursements, allowing the Commission to develop a critical mass of expertise and more rigorously to assess, evaluate, and invest in programmes; target investment areas should include reducing the employment gap between immigrants and others, improving immigrant participation and performance in education, advancing the education and employment prospects of women, language and introductory programmes, health, housing and urban living and enhancing political and civic participation of immigrants;

| b) | the fund should favour initiatives with the greatest potential to be broadly applied throughout the Union; |
| --- | --- |

b)

the fund should favour initiatives with the greatest potential to be broadly applied throughout the Union;

| c) | the Commission should dedicate a reasonable and defined percentage of the fund's resources each year to underwriting evaluations by independent experts of the effectiveness of the programs financed by the Commission; |
| --- | --- |

c)

the Commission should dedicate a reasonable and defined percentage of the fund's resources each year to underwriting evaluations by independent experts of the effectiveness of the programs financed by the Commission;

| d) | once these experts have identified promising programmes, immediate priority should be given to disseminating and adapting best practices from these programmes for use in other Member States; |
| --- | --- |

d)

once these experts have identified promising programmes, immediate priority should be given to disseminating and adapting best practices from these programmes for use in other Member States;

| e) | efforts should be supported among Member States to coordinate their integration efforts and exchange best practices should be supported; |
| --- | --- |

e)

efforts should be supported among Member States to coordinate their integration efforts and exchange best practices should be supported;

| f) | there should be a focus on the integration of newcomers, ensuring nevertheless that programmes that target second and third-generation immigrant descendants also receive funding; programmes aiming to help refugees as they prepare to enter and integrate into EU societies should also be considered; |
| --- | --- |

f)

there should be a focus on the integration of newcomers, ensuring nevertheless that programmes that target second and third-generation immigrant descendants also receive funding; programmes aiming to help refugees as they prepare to enter and integrate into EU societies should also be considered;

| 3. | Welcomes the reference in the abovementioned Commission communication to the Common Basic Principles (CBPs); is of the firm belief that the CBPs represent a sound set of recommendations which should be the foundation of EU integration policy; regrets that Member States have failed to follow up the CBPs in any meaningful way since their adoption in 2004; calls on the Finnish Presidency to put the CBPs back at the heart of the agenda, especially those principles relating to employment (no. 3), interaction (no. 7) and participation (no. 9); |
| --- | --- |

3.

Welcomes the reference in the abovementioned Commission communication to the Common Basic Principles (CBPs); is of the firm belief that the CBPs represent a sound set of recommendations which should be the foundation of EU integration policy; regrets that Member States have failed to follow up the CBPs in any meaningful way since their adoption in 2004; calls on the Finnish Presidency to put the CBPs back at the heart of the agenda, especially those principles relating to employment (no. 3), interaction (no. 7) and participation (no. 9);

| 4. | Welcomes the Commission's proposal to promote an annual Integration Forum to facilitate the exchange of best practice, especially in policies where the EU has a limited role to play but where some Member States operate policies which could offer guidance to others; considers that this Forum should seek the participation of representatives from all the authorities involved in integration, being local, regional, national, or EU authorities, as well as of immigrants themselves; |
| --- | --- |

4.

Welcomes the Commission's proposal to promote an annual Integration Forum to facilitate the exchange of best practice, especially in policies where the EU has a limited role to play but where some Member States operate policies which could offer guidance to others; considers that this Forum should seek the participation of representatives from all the authorities involved in integration, being local, regional, national, or EU authorities, as well as of immigrants themselves;

| 5. | Calls on the Commission to clarify, expand and coordinate responsibilities for integration across DGs, including reviving and maintaining a cross-DG working group on integration and defining the precise integration responsibilities among the various DGs; further calls for action to be taken to make the new European Integration Fund and the European Social Fund complementary; |
| --- | --- |

5.

Calls on the Commission to clarify, expand and coordinate responsibilities for integration across DGs, including reviving and maintaining a cross-DG working group on integration and defining the precise integration responsibilities among the various DGs; further calls for action to be taken to make the new European Integration Fund and the European Social Fund complementary;

| 6. | Welcomes the Commission's recognition of the need for research into and a mapping exercise of Member States' integration policies and levels of participation of immigrants; considers that this information is a pre-requisite for any EU policy aimed at fostering better integration in the EU and that, for such a mapping exercise to be of use, the terms of the EU debate on integration need to be clarified, given that the word ‘integration’ itself is open to many different interpretations; |
| --- | --- |

6.

Welcomes the Commission's recognition of the need for research into and a mapping exercise of Member States' integration policies and levels of participation of immigrants; considers that this information is a pre-requisite for any EU policy aimed at fostering better integration in the EU and that, for such a mapping exercise to be of use, the terms of the EU debate on integration need to be clarified, given that the word ‘integration’ itself is open to many different interpretations;

| 7. | Calls on the Commission to create a permanent contact group of immigrant representatives, experts, NGOs and others to advise it on all policies related to integration; |
| --- | --- |

7.

Calls on the Commission to create a permanent contact group of immigrant representatives, experts, NGOs and others to advise it on all policies related to integration;

| 8. | Calls on the Commission to place special emphasis on promoting immigration and diversity in the EU and on mainstreaming integration at all times through its communication strategy and initiatives; calls on the Commission and Member States to launch information and awareness-raising campaigns to improve understanding of migration and of the economic and social contribution immigrants make to society; |
| --- | --- |

8.

Calls on the Commission to place special emphasis on promoting immigration and diversity in the EU and on mainstreaming integration at all times through its communication strategy and initiatives; calls on the Commission and Member States to launch information and awareness-raising campaigns to improve understanding of migration and of the economic and social contribution immigrants make to society;

| 9. | Calls on the Commission to establish rigorous monitoring mechanisms for the evaluation of integration programmes in the Member States, including through the use of independent experts, and to launch a rigorous and practical biannual report on migration and integration that:






  — | focuses on rigorous indices that measure Member State performance with respect to the CBPs on integration, |
| --- | --- | --- |

9.

Calls on the Commission to establish rigorous monitoring mechanisms for the evaluation of integration programmes in the Member States, including through the use of independent experts, and to launch a rigorous and practical biannual report on migration and integration that:

—

focuses on rigorous indices that measure Member State performance with respect to the CBPs on integration,

| — | makes Member State reporting of accurate and complete data obligatory; in the absence of such data, alternative means of gathering data consistent with the Report's indices should be developed, |
| --- | --- |

—

makes Member State reporting of accurate and complete data obligatory; in the absence of such data, alternative means of gathering data consistent with the Report's indices should be developed,

| — | enhances the role of national contact points and their cooperation with independent experts, |
| --- | --- |

—

enhances the role of national contact points and their cooperation with independent experts,

| — | looks to the United Nations Development Programme's Human Development Report and the European Inclusion Index as models, |
| --- | --- |

—

looks to the United Nations Development Programme's Human Development Report and the European Inclusion Index as models,

| — | is released at the annual meeting of EU integration ministers; |
| --- | --- |

—

is released at the annual meeting of EU integration ministers;

| 10. | Encourages the Commission to consult, as appropriate, migrant communities in defining and implementing European aid and development policies in their home countries; |
| --- | --- |

10.

Encourages the Commission to consult, as appropriate, migrant communities in defining and implementing European aid and development policies in their home countries;

| 11. | Asks the Commission to multiply research and analysis initiatives aimed at understanding what works in integration and to ambitiously expand effective efforts to disseminate best practices in cooperation with Member States and local authorities, not only through the proposed website but by as many other reasonable means as possible; |
| --- | --- |

11.

Asks the Commission to multiply research and analysis initiatives aimed at understanding what works in integration and to ambitiously expand effective efforts to disseminate best practices in cooperation with Member States and local authorities, not only through the proposed website but by as many other reasonable means as possible;

| 12. | Calls on the Commission and Member States to utilise the broad potential of Commission delegations and consular authorities throughout the world to assist in integrating potential immigrants through familiarising them with EU and Member State culture, history, language and civic rights and responsibilities; |
| --- | --- |

12.

Calls on the Commission and Member States to utilise the broad potential of Commission delegations and consular authorities throughout the world to assist in integrating potential immigrants through familiarising them with EU and Member State culture, history, language and civic rights and responsibilities;

| 13. | Stresses the importance of the composition of the European institutions' staff and the Member States' public administrations reflecting the composition of the Union's and the Member States' populations; |
| --- | --- |

13.

Stresses the importance of the composition of the European institutions' staff and the Member States' public administrations reflecting the composition of the Union's and the Member States' populations;

| 14. | Urges the Council to use the bridging clause of Article 67(2), second indent, of the Treaty to give Parliament co-decision powers on integration and legal migration and qualified majority voting in the Council; considers that it is important for Members to have the power of co-decision on integration policy, given that they represent the political voice of the EU, and considers, therefore, that they should represent the opinions of both immigrants and citizens and should share responsibility for making integration policy in the EU legislative process; |
| --- | --- |

14.

Urges the Council to use the bridging clause of Article 67(2), second indent, of the Treaty to give Parliament co-decision powers on integration and legal migration and qualified majority voting in the Council; considers that it is important for Members to have the power of co-decision on integration policy, given that they represent the political voice of the EU, and considers, therefore, that they should represent the opinions of both immigrants and citizens and should share responsibility for making integration policy in the EU legislative process;

| 15. | Urges the Council to make permanent the annual meeting of integration ministers, inaugurated by the Dutch Council Presidency at Groningen in November 2004; |
| --- | --- |

15.

Urges the Council to make permanent the annual meeting of integration ministers, inaugurated by the Dutch Council Presidency at Groningen in November 2004;

| 16. | Calls on the Member States, when making their final considerations on the EU Fundamental Rights Agency, seriously to consider a role for the agency in promoting trust and good relations within neighbourhoods and to develop this role organically through the successive annual programmes envisaged for the agency; |
| --- | --- |

16.

Calls on the Member States, when making their final considerations on the EU Fundamental Rights Agency, seriously to consider a role for the agency in promoting trust and good relations within neighbourhoods and to develop this role organically through the successive annual programmes envisaged for the agency;

| 17. | Urges the Council to reconsider the Commission proposal to apply the open method of coordination to integration policy; in this respect, calls for the involvement of Parliament in the whole procedure; |
| --- | --- |

17.

Urges the Council to reconsider the Commission proposal to apply the open method of coordination to integration policy; in this respect, calls for the involvement of Parliament in the whole procedure;

| 18. | Urges the Council to establish a comprehensive and forward-looking framework directive on legal migration, with due regard to the need for integration; |
| --- | --- |

18.

Urges the Council to establish a comprehensive and forward-looking framework directive on legal migration, with due regard to the need for integration;

| 19. | Encourages Member States to assign responsibility to a single cabinet minister to monitor immigrant integration policies, to ensure that policies are mainstreamed throughout agencies at all levels of government and to consider the appointment of a High Commissioner on Integration or an Integration Ombudsman in each Member State to coordinate implementation of policies, disseminate information to migrants, review migrant complaints and take action to correct problems; |
| --- | --- |

19.

Encourages Member States to assign responsibility to a single cabinet minister to monitor immigrant integration policies, to ensure that policies are mainstreamed throughout agencies at all levels of government and to consider the appointment of a High Commissioner on Integration or an Integration Ombudsman in each Member State to coordinate implementation of policies, disseminate information to migrants, review migrant complaints and take action to correct problems;

| 20. | Calls on every Member State to provide an audit of all government agencies at every level that have or should have responsibilities related to immigrant integration; |
| --- | --- |

20.

Calls on every Member State to provide an audit of all government agencies at every level that have or should have responsibilities related to immigrant integration;

| 21. | Calls on the Commission to examine the possibility of incorporating the integration of third-country nationals in the future multiannual programmes of the Fundamental Rights Agency; |
| --- | --- |

21.

Calls on the Commission to examine the possibility of incorporating the integration of third-country nationals in the future multiannual programmes of the Fundamental Rights Agency;

| 22. | Calls on Member States to encourage the political participation of immigrants and discourage their political and social isolation; in this regard, calls on the Commission to carry out a legal review of existing provisions relating to European civic citizenship in the various Member States as well as of current Member State practices regarding the right of long-term resident immigrants to vote in local and municipal elections; |
| --- | --- |

22.

Calls on Member States to encourage the political participation of immigrants and discourage their political and social isolation; in this regard, calls on the Commission to carry out a legal review of existing provisions relating to European civic citizenship in the various Member States as well as of current Member State practices regarding the right of long-term resident immigrants to vote in local and municipal elections;

| 23. | Calls on Member States to establish transparent, humane, fast and reasonable procedures for the granting of long-term resident status, for family reunification and for the naturalization of long-term resident immigrants and their children, taking into account especially the fact that many of those children are born in the territory of a Member State; |
| --- | --- |

23.

Calls on Member States to establish transparent, humane, fast and reasonable procedures for the granting of long-term resident status, for family reunification and for the naturalization of long-term resident immigrants and their children, taking into account especially the fact that many of those children are born in the territory of a Member State;

| 24. | Draws the Member States' attention to the dependent legal status of immigrant women joining their spouses under family reunification and calls on Member States to review their legislation so as to ensure that spouses and children are granted an individual status and work permit independent of that of the principal legal status holder at the earliest opportunity in order to guarantee and protect their rights fully and facilitate their social integration; |
| --- | --- |

24.

Draws the Member States' attention to the dependent legal status of immigrant women joining their spouses under family reunification and calls on Member States to review their legislation so as to ensure that spouses and children are granted an individual status and work permit independent of that of the principal legal status holder at the earliest opportunity in order to guarantee and protect their rights fully and facilitate their social integration;

| 25. | Encourages political parties, trade unions and civil society as a whole at national level to include immigrants as full members at all levels of their respective structures; |
| --- | --- |

25.

Encourages political parties, trade unions and civil society as a whole at national level to include immigrants as full members at all levels of their respective structures;

| 26. | Is in favour of integration programmes applied by certain Member States involving a mutual commitment by the host country and immigrants; hopes that immigrants can in this way be made more aware of the European Union's fundamental values and be enabled at the same time to acquire basic knowledge on the functioning of the host society; stresses the importance of encouraging the learning of the host society's language and organising civic education courses; |
| --- | --- |

26.

Is in favour of integration programmes applied by certain Member States involving a mutual commitment by the host country and immigrants; hopes that immigrants can in this way be made more aware of the European Union's fundamental values and be enabled at the same time to acquire basic knowledge on the functioning of the host society; stresses the importance of encouraging the learning of the host society's language and organising civic education courses;

| 27. | Encourages Member States to strengthen anti-discrimination and anti-racism laws, enforce existing ones and consider appropriate affirmative action legislation for migrants in all appropriate fields, using those Member States where affirmative action has been a success as a guide; |
| --- | --- |

27.

Encourages Member States to strengthen anti-discrimination and anti-racism laws, enforce existing ones and consider appropriate affirmative action legislation for migrants in all appropriate fields, using those Member States where affirmative action has been a success as a guide;

| 28. | Calls on Member States, in order especially to prevent the potential maltreatment of immigrant women, to provide them with easily accessible information as regards the legislation of the host country on gender equality and the rights and protection that derive from that legislation, including the available legal and administrative remedies; |
| --- | --- |

28.

Calls on Member States, in order especially to prevent the potential maltreatment of immigrant women, to provide them with easily accessible information as regards the legislation of the host country on gender equality and the rights and protection that derive from that legislation, including the available legal and administrative remedies;

| 29. | Calls on Member States and regional and local authorities to stimulate interaction between immigrants and their host society by promoting, inter alia, shared fora, intercultural dialogue, seminars, exhibitions and cultural and sports activities; further calls for the creation of new, or the support of existing, structures to allow immigrants to integrate into the host society in order to avoid the social exclusion of newcomers and of those who have already settled but who find it difficult to integrate; moreover, calls for support to be provided to migrant organizations in their territories and for the strengthening of ties with the migrants' home countries; |
| --- | --- |

29.

Calls on Member States and regional and local authorities to stimulate interaction between immigrants and their host society by promoting, inter alia, shared fora, intercultural dialogue, seminars, exhibitions and cultural and sports activities; further calls for the creation of new, or the support of existing, structures to allow immigrants to integrate into the host society in order to avoid the social exclusion of newcomers and of those who have already settled but who find it difficult to integrate; moreover, calls for support to be provided to migrant organizations in their territories and for the strengthening of ties with the migrants' home countries;

| 30. | Encourages Member States to make provision for integration-related measures for refugees during the reception phase, such as language courses or voluntary work activities, taking into consideration the fact that the integration process for refugees starts during the reception phase; |
| --- | --- |

30.

Encourages Member States to make provision for integration-related measures for refugees during the reception phase, such as language courses or voluntary work activities, taking into consideration the fact that the integration process for refugees starts during the reception phase;

| 31. | Stresses the importance of developing a comprehensive framework for European civic citizenship with the cooperation of Parliament, the Council and the Commission; |
| --- | --- |

31.

Stresses the importance of developing a comprehensive framework for European civic citizenship with the cooperation of Parliament, the Council and the Commission;

| 32. | Stresses the importance of establishing annual hearings on integration with the participation of Parliament, national parliaments and civil society, especially NGOs and immigrant associations, in order to evaluate the effectiveness of the Union's integration efforts and assess developments regarding immigrant integration at Member State level; |
| --- | --- |

32.

Stresses the importance of establishing annual hearings on integration with the participation of Parliament, national parliaments and civil society, especially NGOs and immigrant associations, in order to evaluate the effectiveness of the Union's integration efforts and assess developments regarding immigrant integration at Member State level;

| 33. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.

---

(1)  Document 14615/04 of 19 November 2004.

(2)  OJ L 251, 3.10.2003, p. 12.

(3)  OJ L 16, 23.1.2004, p. 44.

(4)  OJ L 180, 19.7.2000, p. 22.

(5)  OJ L 303, 2.12.2000, p. 16.

P6_TA(2006)0319

Development and migration

European Parliament resolution on development and migration (2005/2244(INI))

The European Parliament,

| — | having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Migration and Development: some concrete orientations’ (COM(2005)0390), |
| --- | --- |

—

having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Migration and Development: some concrete orientations’ (COM(2005)0390),

| — | having regard to the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (COM(2005)0391), |
| --- | --- |

—

having regard to the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (COM(2005)0391),

| — | having regard to the communications from the Commission to the Council and the European Parliament on priority actions for responding to the challenges of migration: first follow-up to Hampton Court (COM(2005)0621), on an EU strategy for action on the crisis in human resources for health in developing countries (COM(2005)0642) and on a thematic programme for the cooperation with third countries in the areas of migration and asylum (COM(2006)0026), |
| --- | --- |

—

having regard to the communications from the Commission to the Council and the European Parliament on priority actions for responding to the challenges of migration: first follow-up to Hampton Court (COM(2005)0621), on an EU strategy for action on the crisis in human resources for health in developing countries (COM(2005)0642) and on a thematic programme for the cooperation with third countries in the areas of migration and asylum (COM(2006)0026),

| — | having regard to point IV of the Brussels European Council Presidency conclusions of 15 and 16 December 2005 on a global approach to migration, |
| --- | --- |

—

having regard to point IV of the Brussels European Council Presidency conclusions of 15 and 16 December 2005 on a global approach to migration,

| — | having regard to United Nations General Assembly resolutions A/RES/58/208, A/RES/59/241 and A/RES/60/205, which provide for the holding of a high level dialogue on international migration and development during the 61st session of the General Assembly in 2006, |
| --- | --- |

—

having regard to United Nations General Assembly resolutions A/RES/58/208, A/RES/59/241 and A/RES/60/205, which provide for the holding of a high level dialogue on international migration and development during the 61st session of the General Assembly in 2006,

| — | having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the ‘Cotonou Agreement’) (1), and amended in Luxembourg on 25 June 2005 (2), and in particular Article 13 thereof on migration, |
| --- | --- |

—

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the ‘Cotonou Agreement’) (1), and amended in Luxembourg on 25 June 2005 (2), and in particular Article 13 thereof on migration,

| — | having regard to the Brussels declaration on asylum, migration and mobility and the plan of action for the implementation of this declaration adopted on 13 April 2006 by the first meeting of ACP ministers with responsibility for asylum, migration and mobility, |
| --- | --- |

—

having regard to the Brussels declaration on asylum, migration and mobility and the plan of action for the implementation of this declaration adopted on 13 April 2006 by the first meeting of ACP ministers with responsibility for asylum, migration and mobility,

| — | having regard to the UN Convention against Transnational Organised Crime and its protocols, |
| --- | --- |

—

having regard to the UN Convention against Transnational Organised Crime and its protocols,

| — | having regard to Decision No 4/2005 of the ACP-EC Council of Ministers of 13 April 2005 on the use of the reserve of the long-term development envelope of the ninth European Development Fund (3), |
| --- | --- |

—

having regard to Decision No 4/2005 of the ACP-EC Council of Ministers of 13 April 2005 on the use of the reserve of the long-term development envelope of the ninth European Development Fund (3),

| — | having regard to the report of the United Nations Secretary-General entitled ‘World study on the role of women in development, 2004: women and international migration’, A/59/287/Add.1, |
| --- | --- |

—

having regard to the report of the United Nations Secretary-General entitled ‘World study on the role of women in development, 2004: women and international migration’, A/59/287/Add.1,

| — | having regard to the World Bank report entitled ‘Global Economic Prospects 2006: Economic Implications of Remittances and Migration’ (4), |
| --- | --- |

—

having regard to the World Bank report entitled ‘Global Economic Prospects 2006: Economic Implications of Remittances and Migration’ (4),

| — | having regard to the report of the Global Commission on International Migration of October 2005 entitled ‘Migration in an interconnected world, new directions for action’ (5), |
| --- | --- |

—

having regard to the report of the Global Commission on International Migration of October 2005 entitled ‘Migration in an interconnected world, new directions for action’ (5),

| — | having regard to the Charter of fundamental Rights of the European Union, in particular Articles 18, 19 and 21 thereof, |
| --- | --- |

—

having regard to the Charter of fundamental Rights of the European Union, in particular Articles 18, 19 and 21 thereof,

| — | having regard to the commitments made by the Member States in 2005, and in particular:






  — | that the European Union and its Member States will, by 2015, achieve the objective of 0.7 % of their gross national product, set by the United Nations, which should bring the Union's contribution to the Millennium Development Goals (MDGs) up from 33 billion Euro in 2003 to 84 billion Euro in 2015 (Brussels European Council Presidency conclusions of 16 and 17 June 2005), |
| --- | --- | --- |

—

having regard to the commitments made by the Member States in 2005, and in particular:

—

that the European Union and its Member States will, by 2015, achieve the objective of 0.7 % of their gross national product, set by the United Nations, which should bring the Union's contribution to the Millennium Development Goals (MDGs) up from 33 billion Euro in 2003 to 84 billion Euro in 2015 (Brussels European Council Presidency conclusions of 16 and 17 June 2005),

| — | that the European Union and the other donors will double their aid to Africa, which should provide it with official development assistance (ODA) of USD 25 billion in 2010 (6) (press release issued on 8 July 2005 by the G8 summit in Gleneagles), |
| --- | --- |

—

that the European Union and the other donors will double their aid to Africa, which should provide it with official development assistance (ODA) of USD 25 billion in 2010 (6) (press release issued on 8 July 2005 by the G8 summit in Gleneagles),

| — | having regard to ILO Recommendation No 151 on migrant workers, |
| --- | --- |

—

having regard to ILO Recommendation No 151 on migrant workers,

| — | having regard to the joint declaration by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission of 20 December 2005 on European Union Development Policy entitled ‘The European Consensus’ (7), which lays down the general framework for Community action in the field of development, |
| --- | --- |

—

having regard to the joint declaration by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission of 20 December 2005 on European Union Development Policy entitled ‘The European Consensus’ (7), which lays down the general framework for Community action in the field of development,

| — | having regard to the Vienna Declaration adopted at the IVth European Union/Latin America summit of 12 May 2006, |
| --- | --- |

—

having regard to the Vienna Declaration adopted at the IVth European Union/Latin America summit of 12 May 2006,

| — | having regard to its resolutions of 17 November 2005 on a development strategy for Africa (8), 15 November 2005 on the social dimension of globalisation (9), 26 October 2005 on an EU approach to managing economic migration (10), 9 June 2005 on the links between legal and illegal migration and integration of migrants (11) and 12 April 2005 on the role of the European Union in the achievement of the Millennium Development Goals (MDGs) (12), |
| --- | --- |

—

having regard to its resolutions of 17 November 2005 on a development strategy for Africa (8), 15 November 2005 on the social dimension of globalisation (9), 26 October 2005 on an EU approach to managing economic migration (10), 9 June 2005 on the links between legal and illegal migration and integration of migrants (11) and 12 April 2005 on the role of the European Union in the achievement of the Millennium Development Goals (MDGs) (12),

| — | having regard to Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating of gender issues in development cooperation (13), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating of gender issues in development cooperation (13),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development and the opinions of the Committee on Foreign Affairs, the Committee on Employment and Social Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0210/2006), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinions of the Committee on Foreign Affairs, the Committee on Employment and Social Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0210/2006),

| A. | whereas, out of 175 million migrants (3 % of the world's population), 40 % live in developing countries, |
| --- | --- |

A.

whereas, out of 175 million migrants (3 % of the world's population), 40 % live in developing countries,

| B. | whereas, while migration is not a new phenomenon, the scale of migration in the context of globalisation and the need to raise the awareness of all international players mean that it is now a vital policy area for the international community, |
| --- | --- |

B.

whereas, while migration is not a new phenomenon, the scale of migration in the context of globalisation and the need to raise the awareness of all international players mean that it is now a vital policy area for the international community,

| C. | whereas immigration has increased significantly since the 1980s and whereas the EU Member States have not responded to it jointly and consistently, |
| --- | --- |

C.

whereas immigration has increased significantly since the 1980s and whereas the EU Member States have not responded to it jointly and consistently,

| D. | whereas the EU takes in immigrants from virtually all developing countries (which means that it receives a large number of immigrants from Asia, Africa and Latin America) and whereas the phenomenon is unlikely to diminish over the next few years, |
| --- | --- |

D.

whereas the EU takes in immigrants from virtually all developing countries (which means that it receives a large number of immigrants from Asia, Africa and Latin America) and whereas the phenomenon is unlikely to diminish over the next few years,

| E. | whereas the international community's mobilisation is taking a long time to materialise in the form of large-scale actions, |
| --- | --- |

E.

whereas the international community's mobilisation is taking a long time to materialise in the form of large-scale actions,

| F. | whereas the issue of migration calls for a global response from the international community and whereas the European Union has not to date come forward with any global policy response or equipped itself with tools adapted to the problem, |
| --- | --- |

F.

whereas the issue of migration calls for a global response from the international community and whereas the European Union has not to date come forward with any global policy response or equipped itself with tools adapted to the problem,

| G. | whereas in the absence of a common policy governing migrant flows, the Member States are able to take unilateral decisions which make it difficult for a consistent Community stance to be adopted, |
| --- | --- |

G.

whereas in the absence of a common policy governing migrant flows, the Member States are able to take unilateral decisions which make it difficult for a consistent Community stance to be adopted,

| H. | whereas the response to the phenomenon of immigration should be the outcome of the broadest possible consensus within the EU, |
| --- | --- |

H.

whereas the response to the phenomenon of immigration should be the outcome of the broadest possible consensus within the EU,

| I. | whereas a high-level dialogue (HLD) on international migration and development is to be held during the General Assembly of the United Nations on 14 and 15 September 2006, |
| --- | --- |

I.

whereas a high-level dialogue (HLD) on international migration and development is to be held during the General Assembly of the United Nations on 14 and 15 September 2006,

| J. | whereas the African Union has made migration a key theme of its actions under the aegis of the Chairman of the Commission of the African Union, Mr Alpha Oumar Konaré, |
| --- | --- |

J.

whereas the African Union has made migration a key theme of its actions under the aegis of the Chairman of the Commission of the African Union, Mr Alpha Oumar Konaré,

| K. | whereas the diversity of motivations, and therefore of categories, of migrants hinders the implementation of coherent, global policies aimed at making migration a lever of development, |
| --- | --- |

K.

whereas the diversity of motivations, and therefore of categories, of migrants hinders the implementation of coherent, global policies aimed at making migration a lever of development,

| L. | whereas, while the main centres of migration are Asia and Latin America, Africa stands out on account of the scale of the negative impact of migration, |
| --- | --- |

L.

whereas, while the main centres of migration are Asia and Latin America, Africa stands out on account of the scale of the negative impact of migration,

| M. | whereas analyses mainly concentrate on recipient countries in the North, despite the fact that 60 % of migrants do not leave the southern hemisphere, |
| --- | --- |

M.

whereas analyses mainly concentrate on recipient countries in the North, despite the fact that 60 % of migrants do not leave the southern hemisphere,

| N. | whereas the Vienna declaration contains a commitment to take forward the comprehensive dialogue on migration and further enhance cooperation on migration issues between the European Union and Latin America, |
| --- | --- |

N.

whereas the Vienna declaration contains a commitment to take forward the comprehensive dialogue on migration and further enhance cooperation on migration issues between the European Union and Latin America,

| O. | whereas merely increasing official development assistance is not a response to the issue of the link between migration and development, but specific, innovative tools should also be developed in order to improve recognition and promotion of the role of migrants in the fight against poverty and for development, |
| --- | --- |

O.

whereas merely increasing official development assistance is not a response to the issue of the link between migration and development, but specific, innovative tools should also be developed in order to improve recognition and promotion of the role of migrants in the fight against poverty and for development,

| P. | whereas the response to the phenomenon should form part of the national and international anti-poverty strategies pursued with a view to achieving the MDGs, |
| --- | --- |

P.

whereas the response to the phenomenon should form part of the national and international anti-poverty strategies pursued with a view to achieving the MDGs,

| Q. | whereas the right of southern countries to pursue an autonomous migration policy must be recognised and supported, |
| --- | --- |

Q.

whereas the right of southern countries to pursue an autonomous migration policy must be recognised and supported,

| R. | whereas, in the view of southern countries, migration is synonymous with the loss of their best trained and most enterprising citizens and the ‘brain drain’ is undermining the supply and quality of essential services in various sectors, with particular reference to health and education, |
| --- | --- |

R.

whereas, in the view of southern countries, migration is synonymous with the loss of their best trained and most enterprising citizens and the ‘brain drain’ is undermining the supply and quality of essential services in various sectors, with particular reference to health and education,

| S. | whereas the ‘brain drain’ is being encouraged by selective admission policies for migrants put in place by northern countries under the term ‘chosen migration’, exacerbating the haemorrhaging of skills from many southern countries, |
| --- | --- |

S.

whereas the ‘brain drain’ is being encouraged by selective admission policies for migrants put in place by northern countries under the term ‘chosen migration’, exacerbating the haemorrhaging of skills from many southern countries,

| T. | whereas, according to the Chairman of the Commission of the African Union, Mr Alpha Oumar Konaré, these policies amount to a denial of Africa's right to development, |
| --- | --- |

T.

whereas, according to the Chairman of the Commission of the African Union, Mr Alpha Oumar Konaré, these policies amount to a denial of Africa's right to development,

| U. | whereas circular migration, allowing two-way movement between countries of origin and destination, offers major opportunities for the development of host countries and countries of origin, |
| --- | --- |

U.

whereas circular migration, allowing two-way movement between countries of origin and destination, offers major opportunities for the development of host countries and countries of origin,

| V. | whereas co-development, meaning the fulfilment of the potential represented by migrant communities in developed countries in the service of the development of their country of origin, has the power to make migration a lever of development and of mutual benefit between peoples, |
| --- | --- |

V.

whereas co-development, meaning the fulfilment of the potential represented by migrant communities in developed countries in the service of the development of their country of origin, has the power to make migration a lever of development and of mutual benefit between peoples,

| W. | whereas transfers of migrants' funds to their countries of origin constitute a major opportunity for development, the amount of money transferred in this way broadly exceeds ODA on a world scale and in the majority of cases the financial and banking cost of such remittances is extremely high and the processing thereof sometimes lacks transparency; whereas however these transfers are principally directed towards consumption by families and whereas only a small proportion of them goes towards investment and development, |
| --- | --- |

W.

whereas transfers of migrants' funds to their countries of origin constitute a major opportunity for development, the amount of money transferred in this way broadly exceeds ODA on a world scale and in the majority of cases the financial and banking cost of such remittances is extremely high and the processing thereof sometimes lacks transparency; whereas however these transfers are principally directed towards consumption by families and whereas only a small proportion of them goes towards investment and development,

| X. | whereas, however, these transfers are not capable of replacing, or justifying a reduction in, ODA, |
| --- | --- |

X.

whereas, however, these transfers are not capable of replacing, or justifying a reduction in, ODA,

| Y. | whereas, in 2005, there were almost 9.2 million refugees and 25 million person ‘displaced within their country’ in the world, half of whom were in Africa, with no protection at international level, thereby creating an intolerable hierarchy of victims, |
| --- | --- |

Y.

whereas, in 2005, there were almost 9.2 million refugees and 25 million person ‘displaced within their country’ in the world, half of whom were in Africa, with no protection at international level, thereby creating an intolerable hierarchy of victims,

| Z. | whereas the number of ‘ecological’ refugees and displaced persons is increasing and could, according to the Office of the United Nations High Commissioner for Refugees (HCR), reach 50 million within a few years, |
| --- | --- |

Z.

whereas the number of ‘ecological’ refugees and displaced persons is increasing and could, according to the Office of the United Nations High Commissioner for Refugees (HCR), reach 50 million within a few years,

| AA. | whereas integration of migrants is a two-way process based on the mutual rights and corresponding obligations of legal migrants and the host society, the aim of which is to ensure that immigrants are able to participate in society, |
| --- | --- |

AA.

whereas integration of migrants is a two-way process based on the mutual rights and corresponding obligations of legal migrants and the host society, the aim of which is to ensure that immigrants are able to participate in society,

| AB. | whereas migrants, who are victims of human trafficking, discrimination and deteriorating social conditions, are still a group which, on the whole, is inadequately protected by the international community and certain national laws, |
| --- | --- |

AB.

whereas migrants, who are victims of human trafficking, discrimination and deteriorating social conditions, are still a group which, on the whole, is inadequately protected by the international community and certain national laws,

| AC. | whereas no Member State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, |
| --- | --- |

AC.

whereas no Member State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

| AD. | whereas, since 1999, the European Union has only devoted 15 million Euro to the goal of integration, i.e. 0.5 Euro per immigrant, |
| --- | --- |

AD.

whereas, since 1999, the European Union has only devoted 15 million Euro to the goal of integration, i.e. 0.5 Euro per immigrant,

| AE. | whereas the fight against human trafficking linked to migration and against the trafficking and sexual exploitation of women and children should be made a priority at EU level, |
| --- | --- |

AE.

whereas the fight against human trafficking linked to migration and against the trafficking and sexual exploitation of women and children should be made a priority at EU level,

| AF. | whereas women make up 51 % of all migrants in the developed world and 46 % in the developing countries (14), and whereas insufficient information is made available concerning the risks involved in illegal migration, with the result that migrant women are more exposed to sexual exploitation, violence, discrimination and exploitation at the workplace, and whereas migration policies do not take account of the specific role played by women, |
| --- | --- |

AF.

whereas women make up 51 % of all migrants in the developed world and 46 % in the developing countries (14), and whereas insufficient information is made available concerning the risks involved in illegal migration, with the result that migrant women are more exposed to sexual exploitation, violence, discrimination and exploitation at the workplace, and whereas migration policies do not take account of the specific role played by women,

| AG. | whereas migration can enable women to improve their lives, increase their autonomy, support those who are left behind and escape oppressive social relations, |
| --- | --- |

AG.

whereas migration can enable women to improve their lives, increase their autonomy, support those who are left behind and escape oppressive social relations,

| AH. | whereas, however, women are often forced to migrate by problems such as forced marriage, poverty or armed conflicts, |
| --- | --- |

AH.

whereas, however, women are often forced to migrate by problems such as forced marriage, poverty or armed conflicts,

| AI. | whereas migrant women are more vulnerable to sexual exploitation, discrimination, exploitation in the workplace and ‘brain waste’, violence and health risks, social isolation and human trafficking, |
| --- | --- |

AI.

whereas migrant women are more vulnerable to sexual exploitation, discrimination, exploitation in the workplace and ‘brain waste’, violence and health risks, social isolation and human trafficking,

| AJ. | whereas a significant number of migrant women reside in the EU without legal documents, which heightens the risks of exploitation in the workplace and of sexual exploitation and violence to which they are exposed, |
| --- | --- |

AJ.

whereas a significant number of migrant women reside in the EU without legal documents, which heightens the risks of exploitation in the workplace and of sexual exploitation and violence to which they are exposed,

| 1. | Is convinced that the European Union must play a major role to make migration a lever of development; |
| --- | --- |

1.

Is convinced that the European Union must play a major role to make migration a lever of development;

| 2. | Stresses that the Union should give a comprehensive political response, regional in nature and focusing in particular on Africa and South-South migration, to the issue of the link between development and migration; calls for the migration issue to be placed at the top of the agenda and the political dialogue between the EU and the various regions with which it has relations, and supports the organisation of a Europe-Africa summit to identify a common political response; |
| --- | --- |

2.

Stresses that the Union should give a comprehensive political response, regional in nature and focusing in particular on Africa and South-South migration, to the issue of the link between development and migration; calls for the migration issue to be placed at the top of the agenda and the political dialogue between the EU and the various regions with which it has relations, and supports the organisation of a Europe-Africa summit to identify a common political response;

| 3. | Considers that European migration and development policy should be based above all on the principles of solidarity with third countries and co-development in order to tackle the underlying causes of migration and, in particular, eradicate poverty; |
| --- | --- |

3.

Considers that European migration and development policy should be based above all on the principles of solidarity with third countries and co-development in order to tackle the underlying causes of migration and, in particular, eradicate poverty;

| 4. | Reiterates its support for the idea of mobility of human beings as a human right, which therefore cannot be understood in terms of commercial logic; emphasises that any policy in this area must be committed to promoting mobility by choice rather than by necessity; |
| --- | --- |

4.

Reiterates its support for the idea of mobility of human beings as a human right, which therefore cannot be understood in terms of commercial logic; emphasises that any policy in this area must be committed to promoting mobility by choice rather than by necessity;

| 5. | Points out that the only adequate EU response to the phenomenon of immigration is a common strategy which clearly sets out the objectives and the mechanisms available to the Member States for the purpose of addressing the phenomenon jointly and on the basis of mutual support; |
| --- | --- |

5.

Points out that the only adequate EU response to the phenomenon of immigration is a common strategy which clearly sets out the objectives and the mechanisms available to the Member States for the purpose of addressing the phenomenon jointly and on the basis of mutual support;

| 6. | Recalls that the fight against exploitation and trafficking in people is an obligation on all countries; recalls the existence of multilateral instruments, such as the UN Convention against Transnational Organised Crime and its protocols, which constitute effective mechanisms for the fight against trafficking in people and immigrants and the protection of the latter's fundamental rights, as well as for legal proceedings against those engaging in the above criminal activities; urges those Member States which have not yet ratified or acceded to that convention to do so as soon as possible; |
| --- | --- |

6.

Recalls that the fight against exploitation and trafficking in people is an obligation on all countries; recalls the existence of multilateral instruments, such as the UN Convention against Transnational Organised Crime and its protocols, which constitute effective mechanisms for the fight against trafficking in people and immigrants and the protection of the latter's fundamental rights, as well as for legal proceedings against those engaging in the above criminal activities; urges those Member States which have not yet ratified or acceded to that convention to do so as soon as possible;

| 7. | Encourages the integration of the migration issue into EU external policies, following the example of the Barcelona Process; |
| --- | --- |

7.

Encourages the integration of the migration issue into EU external policies, following the example of the Barcelona Process;

| 8. | Commends the Council proposal to hold a EuroMed ministerial meeting on migration in 2006; also welcomes the Euro-African summit on migration to be held in Rabat in July 2006 to debate the issue of immigration to Europe from the Maghreb and sub-Saharan Africa; |
| --- | --- |

8.

Commends the Council proposal to hold a EuroMed ministerial meeting on migration in 2006; also welcomes the Euro-African summit on migration to be held in Rabat in July 2006 to debate the issue of immigration to Europe from the Maghreb and sub-Saharan Africa;

| 9. | Welcomes any further steps taken to improve migration policy, and emphasises the need for a comprehensive approach that contains a clear vision of the most important actions to be taken within the field of migration policy, instead of supporting fragmented measures towards the development of this policy; |
| --- | --- |

9.

Welcomes any further steps taken to improve migration policy, and emphasises the need for a comprehensive approach that contains a clear vision of the most important actions to be taken within the field of migration policy, instead of supporting fragmented measures towards the development of this policy;

| 10. | Recommends that the Council take appropriate measures to ensure better cooperation and coordination between those responsible for migration and those responsible for development in each Member State; |
| --- | --- |

10.

Recommends that the Council take appropriate measures to ensure better cooperation and coordination between those responsible for migration and those responsible for development in each Member State;

| 11. | Stresses that an increase in development aid is necessary but not sufficient to make migration a lever of development; calls on the European Union and the Member States to meet the political undertakings made in 2005; |
| --- | --- |

11.

Stresses that an increase in development aid is necessary but not sufficient to make migration a lever of development; calls on the European Union and the Member States to meet the political undertakings made in 2005;

| 12. | Recommends that migration and its impact on development be taken into account in an overarching manner in all discussions and actions to achieve the MDGs; points out that a comprehensive strategy will produce results only if an appropriate legal framework exists both within the EU and in the countries of origin; |
| --- | --- |

12.

Recommends that migration and its impact on development be taken into account in an overarching manner in all discussions and actions to achieve the MDGs; points out that a comprehensive strategy will produce results only if an appropriate legal framework exists both within the EU and in the countries of origin;

| 13. | Emphasises that migration should be better integrated into policies and development plans and recommends that, at national level, migration be included in Poverty Reduction Strategy documents (PRSDs); |
| --- | --- |

13.

Emphasises that migration should be better integrated into policies and development plans and recommends that, at national level, migration be included in Poverty Reduction Strategy documents (PRSDs);

| 14. | Recognises the importance of diasporas in strengthening relations between the EU and countries of origin, particularly in the field of migration; calls for closer cooperation between institutions in developing countries and the Member States, including in the carrying out of co-development projects; |
| --- | --- |

14.

Recognises the importance of diasporas in strengthening relations between the EU and countries of origin, particularly in the field of migration; calls for closer cooperation between institutions in developing countries and the Member States, including in the carrying out of co-development projects;

| 15. | Takes the view that co-development, which consists in recognising and supporting the role of diasporas in serving the development of their countries of origin, should be fully recognised at European level; |
| --- | --- |

15.

Takes the view that co-development, which consists in recognising and supporting the role of diasporas in serving the development of their countries of origin, should be fully recognised at European level;

| 16. | Stresses that, to make migration a lever of development, the Union should adopt two priority instruments:






  — | a specific fund, based on sufficiently flexible and reactive management enabling, in particular, co-development measures to be financed, |
| --- | --- | --- |

16.

Stresses that, to make migration a lever of development, the Union should adopt two priority instruments:

—

a specific fund, based on sufficiently flexible and reactive management enabling, in particular, co-development measures to be financed,

| — | a guarantee fund to ensure the long-term existence of migrants' micro-projects and to maximise their impact on development; |
| --- | --- |

—

a guarantee fund to ensure the long-term existence of migrants' micro-projects and to maximise their impact on development;

| 17. | Considers that the AENEAS programme and the programme which will follow in 2007 should be used to serve a development strategy, in particular by financing co-development measures, and that this objective should be strictly adhered to in order to avoid, for example, expenditure on further protection of the EU's external borders; |
| --- | --- |

17.

Considers that the AENEAS programme and the programme which will follow in 2007 should be used to serve a development strategy, in particular by financing co-development measures, and that this objective should be strictly adhered to in order to avoid, for example, expenditure on further protection of the EU's external borders;

| 18. | Stresses that this programme must enable reliable systems for the efficient management of migrant flows and for the provision of support to countries of origin and transit countries to be strengthened; recommends, in pursuit of this aim, that the programme contain the following elements:






  — | several credit lines (co-development, research, security etc.) with the possibility of funding projects covering several lines, |
| --- | --- | --- |

18.

Stresses that this programme must enable reliable systems for the efficient management of migrant flows and for the provision of support to countries of origin and transit countries to be strengthened; recommends, in pursuit of this aim, that the programme contain the following elements:

—

several credit lines (co-development, research, security etc.) with the possibility of funding projects covering several lines,

| — | criteria for choosing projects and rules on the type and amount of aid that may be allocated, |
| --- | --- |

—

criteria for choosing projects and rules on the type and amount of aid that may be allocated,

| — | a project selection board that is completely free to make decisions within the framework thus defined, |
| --- | --- |

—

a project selection board that is completely free to make decisions within the framework thus defined,

| — | a review of the rules imposed on NGOs regarding guarantee fund deposits; |
| --- | --- |

—

a review of the rules imposed on NGOs regarding guarantee fund deposits;

| 19. | Proposes integrated regional development plans, focusing on the main immigration areas in Africa, to fund:






  — | the installation of infrastructure (drinking water, electricity, health centre, school, roads, etc.) |
| --- | --- | --- |

19.

Proposes integrated regional development plans, focusing on the main immigration areas in Africa, to fund:

—

the installation of infrastructure (drinking water, electricity, health centre, school, roads, etc.)

| — | the partial covering of operating costs through targeted budgetary support; |
| --- | --- |

—

the partial covering of operating costs through targeted budgetary support;

proposes that similar measures could also be carried out in the main centres of emigration in Latin America and Asia;

| 20. | Points out how difficult and how expensive it is for immigrants to send capital back to their countries of origin, and how little transparency there is in a system which lies outside the banking sector; maintains that a secure system which protects the data of both sender and receiver is needed in order to ensure that remittances are sent through regulated channels, since other alternative systems used by immigrants may on occasion be usuriously expensive; |
| --- | --- |

20.

Points out how difficult and how expensive it is for immigrants to send capital back to their countries of origin, and how little transparency there is in a system which lies outside the banking sector; maintains that a secure system which protects the data of both sender and receiver is needed in order to ensure that remittances are sent through regulated channels, since other alternative systems used by immigrants may on occasion be usuriously expensive;

| 21. | Calls on the Commission, the Member States and national and international financial institutions to implement policies aimed at:






  — | promoting and facilitating the transfer of migrants' funds, ensuring that they are less costly, swifter and safer, in order to encourage migrants to use formal transfer systems, |
| --- | --- | --- |

21.

Calls on the Commission, the Member States and national and international financial institutions to implement policies aimed at:

—

promoting and facilitating the transfer of migrants' funds, ensuring that they are less costly, swifter and safer, in order to encourage migrants to use formal transfer systems,

| — | improving migrants' access to financial services, |
| --- | --- |

—

improving migrants' access to financial services,

| — | channelling transfers of migrants' funds towards productive investment, by facilitating access to credit for micro-companies and SMEs and having studies carried out on innovative financial products for the diasporas, such as ‘development savings plans’, |
| --- | --- |

—

channelling transfers of migrants' funds towards productive investment, by facilitating access to credit for micro-companies and SMEs and having studies carried out on innovative financial products for the diasporas, such as ‘development savings plans’,

| — | ensuring the transparency of financial transactions through ‘informal channels’, particularly the hawala networks; |
| --- | --- |

—

ensuring the transparency of financial transactions through ‘informal channels’, particularly the hawala networks;

| 22. | Calls upon the Commission to draw up a proposal for a regulatory framework designed to make the sending of remittances by immigrants to their countries of origin less expensive and more transparent; points out that remittances are the second most important source of external finance for developing countries and that up to 20 % of their total value is consumed by handling charges; |
| --- | --- |

22.

Calls upon the Commission to draw up a proposal for a regulatory framework designed to make the sending of remittances by immigrants to their countries of origin less expensive and more transparent; points out that remittances are the second most important source of external finance for developing countries and that up to 20 % of their total value is consumed by handling charges;

| 23. | Acknowledges the importance of the role played by SMEs in creating jobs and in contributing to development; urges the Commission — in cooperation with the European Investment Bank — to develop programmes which will prompt migrants to invest greater amounts in such businesses; |
| --- | --- |

23.

Acknowledges the importance of the role played by SMEs in creating jobs and in contributing to development; urges the Commission — in cooperation with the European Investment Bank — to develop programmes which will prompt migrants to invest greater amounts in such businesses;

| 24. | Calls on the Commission and the Member States to develop programmes in order to involve skilled people in the diasporas in the process of development by covering the costs of wage differentials for highly skilled migrants prepared to return to their countries or by setting up ‘dual post’ systems for public sector personnel in southern countries (teachers, researchers and doctors); calls on the Commission to conduct a study on experiences in the Member States with regard to ‘dual posts’; |
| --- | --- |

24.

Calls on the Commission and the Member States to develop programmes in order to involve skilled people in the diasporas in the process of development by covering the costs of wage differentials for highly skilled migrants prepared to return to their countries or by setting up ‘dual post’ systems for public sector personnel in southern countries (teachers, researchers and doctors); calls on the Commission to conduct a study on experiences in the Member States with regard to ‘dual posts’;

| 25. | Calls on the Commission and the Member States to examine possible actions to be taken to ensure the transfer of pensions and social security entitlements of migrants returning to their countries of origin; |
| --- | --- |

25.

Calls on the Commission and the Member States to examine possible actions to be taken to ensure the transfer of pensions and social security entitlements of migrants returning to their countries of origin;

| 26. | Welcomes the Commission's proposal to consider measures concerning the transfer of pension rights, the recognition of qualifications and the operation of mechanisms to facilitate the mobility of researchers and other professionals to enable them, should they so wish, to return to their country of origin and successfully reintegrate; |
| --- | --- |

26.

Welcomes the Commission's proposal to consider measures concerning the transfer of pension rights, the recognition of qualifications and the operation of mechanisms to facilitate the mobility of researchers and other professionals to enable them, should they so wish, to return to their country of origin and successfully reintegrate;

| 27. | Calls on the European Union and the Member States to encourage circular migration or commuting:






  — | by setting up, with the agreement of the countries of origin, temporary migration programmes, such as the granting of multiple entry visas to certain persons, |
| --- | --- | --- |

27.

Calls on the European Union and the Member States to encourage circular migration or commuting:

—

by setting up, with the agreement of the countries of origin, temporary migration programmes, such as the granting of multiple entry visas to certain persons,

| — | by systematising the transfer of pension benefits and all social security benefits between countries of origin and countries of destination and ensuring that workers have real access to these benefits (fewer than 25 % of international migrants live in countries linked by agreements of this type); |
| --- | --- |

—

by systematising the transfer of pension benefits and all social security benefits between countries of origin and countries of destination and ensuring that workers have real access to these benefits (fewer than 25 % of international migrants live in countries linked by agreements of this type);

| 28. | Welcomes the Commission's proposal to encourage circular migration, with migrants going back and forth between their country of origin and the destination country, thereby making the knowledge and experience they have acquired available to their home country; points out that it is necessary to accompany circular migration with integration measures for outgoing and returning migrants; points to the role of civil society, NGOs and the social partners in this process; |
| --- | --- |

28.

Welcomes the Commission's proposal to encourage circular migration, with migrants going back and forth between their country of origin and the destination country, thereby making the knowledge and experience they have acquired available to their home country; points out that it is necessary to accompany circular migration with integration measures for outgoing and returning migrants; points to the role of civil society, NGOs and the social partners in this process;

| 29. | Also welcomes the Commission's proposals to conduct a dialogue on matters relating to residence and work permits and to administer migrant worker mobility programmes which will match the available skills of migrants with the needs of the developing country; |
| --- | --- |

29.

Also welcomes the Commission's proposals to conduct a dialogue on matters relating to residence and work permits and to administer migrant worker mobility programmes which will match the available skills of migrants with the needs of the developing country;

| 30. | Calls on the public authorities of the North and of the South to invest in the education and training of citizens; reiterates its support for the ‘20/20’ objective: 20 % of public aid from the North and 20 % of the national budgets of the South allocated to basic social services; |
| --- | --- |

30.

Calls on the public authorities of the North and of the South to invest in the education and training of citizens; reiterates its support for the ‘20/20’ objective: 20 % of public aid from the North and 20 % of the national budgets of the South allocated to basic social services;

| 31. | Calls on southern countries to develop ‘train and retain’ strategies, in particular by re-evaluating the social professions and emphasising the situation of women who are often subject to discrimination on the basis of gender; |
| --- | --- |

31.

Calls on southern countries to develop ‘train and retain’ strategies, in particular by re-evaluating the social professions and emphasising the situation of women who are often subject to discrimination on the basis of gender;

| 32. | Calls on the Union to include in practice the promotion of decent work on the European development agenda, and in particular:






  — | to include clauses relating to respect for basic labour standards in all bilateral agreements signed by the Union or its Member States, |
| --- | --- | --- |

32.

Calls on the Union to include in practice the promotion of decent work on the European development agenda, and in particular:

—

to include clauses relating to respect for basic labour standards in all bilateral agreements signed by the Union or its Member States,

| — | to set up monitoring instruments (‘bilateral observers’), |
| --- | --- |

—

to set up monitoring instruments (‘bilateral observers’),

| — | to promote decent work as a fundamental aspect of a ninth MDG; |
| --- | --- |

—

to promote decent work as a fundamental aspect of a ninth MDG;

calls, however, for this concept not to be used by the North as a ‘non-tariff barrier’ to access to their markets;

| 33. | Calls on the European Union and the Member States to implement policies aimed at mitigating the adverse economic and social effects of the ‘brain drain’ on southern countries:






  — | by redirecting training to sectors suffering from labour force shortages, |
| --- | --- | --- |

33.

Calls on the European Union and the Member States to implement policies aimed at mitigating the adverse economic and social effects of the ‘brain drain’ on southern countries:

—

by redirecting training to sectors suffering from labour force shortages,

| — | by financing co-investment programmes between partners in the North and South for countries and sectors particularly affected by the ‘brain drain’; |
| --- | --- |

—

by financing co-investment programmes between partners in the North and South for countries and sectors particularly affected by the ‘brain drain’;

| 34. | Recommends the adoption of a ‘European code of conduct’ and national codes in the Member States with a view to disciplining recruitment; |
| --- | --- |

34.

Recommends the adoption of a ‘European code of conduct’ and national codes in the Member States with a view to disciplining recruitment;

| 35. | Welcomes the Commission's intention to come forward with a specific programme to respond to the human resources crisis in the health sector in Africa; |
| --- | --- |

35.

Welcomes the Commission's intention to come forward with a specific programme to respond to the human resources crisis in the health sector in Africa;

| 36. | Welcomes the plan to develop a comprehensive and coherent approach to ethical recruitment of staff in sectors particularly vulnerable to the ‘brain drain’; |
| --- | --- |

36.

Welcomes the plan to develop a comprehensive and coherent approach to ethical recruitment of staff in sectors particularly vulnerable to the ‘brain drain’;

| 37. | Welcomes the Brussels European Council Presidency conclusions of 15 and 16 December 2005 concerning a global approach to migration and the recent Commission proposals related to the brain drain, remittances, diasporas, temporary/circular migration, social security entitlements, multiple-entry visas, etc.; |
| --- | --- |

37.

Welcomes the Brussels European Council Presidency conclusions of 15 and 16 December 2005 concerning a global approach to migration and the recent Commission proposals related to the brain drain, remittances, diasporas, temporary/circular migration, social security entitlements, multiple-entry visas, etc.;

| 38. | Stresses that brain ‘circulation’ constitutes a key factor in strengthening the positive contribution of migration to development, given that developing countries participate fully in the exchange of skills in the global labour market; recommends that the Commission and the Member States make a resolute commitment in this area by proposing measures:






  — | to promote temporary and virtual return on the basis of the EU's current experiences, |
| --- | --- | --- |

38.

Stresses that brain ‘circulation’ constitutes a key factor in strengthening the positive contribution of migration to development, given that developing countries participate fully in the exchange of skills in the global labour market; recommends that the Commission and the Member States make a resolute commitment in this area by proposing measures:

—

to promote temporary and virtual return on the basis of the EU's current experiences,

| — | to encourage institutional partnerships between organisations in the developing countries and in the Member States (research institutes, universities and hospitals), |
| --- | --- |

—

to encourage institutional partnerships between organisations in the developing countries and in the Member States (research institutes, universities and hospitals),

| — | to promote the mutual recognition of qualifications; |
| --- | --- |

—

to promote the mutual recognition of qualifications;

| 39. | Notes the fact that certain vocational and/or academic qualifications of workers from third countries are recognised either not at all or only with difficulty, which makes it hard for such workers to enter the Member States' employment market on equal terms; considers that migrants should have access to training programmes while employed in the EU so that they may develop their professional competences; |
| --- | --- |

39.

Notes the fact that certain vocational and/or academic qualifications of workers from third countries are recognised either not at all or only with difficulty, which makes it hard for such workers to enter the Member States' employment market on equal terms; considers that migrants should have access to training programmes while employed in the EU so that they may develop their professional competences;

| 40. | Calls on the Commission to propose initiatives to facilitate recognition of professional qualifications and lay down minimum standards as regards the establishment of a European system of equivalences for foreign diplomas; |
| --- | --- |

40.

Calls on the Commission to propose initiatives to facilitate recognition of professional qualifications and lay down minimum standards as regards the establishment of a European system of equivalences for foreign diplomas;

| 41. | Calls for the specific role of women in migration and development to be more effectively taken into account and in particular:






  — | for the gender dimension to be incorporated into all development or co-development programmes and projects relating to migration, |
| --- | --- | --- |

41.

Calls for the specific role of women in migration and development to be more effectively taken into account and in particular:

—

for the gender dimension to be incorporated into all development or co-development programmes and projects relating to migration,

| — | for women and women's organisations to be the priority target group for measures aimed at developing a sense of responsibility in the diaspora and at providing financial support for its projects, |
| --- | --- |

—

for women and women's organisations to be the priority target group for measures aimed at developing a sense of responsibility in the diaspora and at providing financial support for its projects,

| — | for information campaigns to be conducted in the countries of origin concerning the terms and conditions of legal immigration, legal immigrants' rights and the risks implicit in illegal immigration, such as trafficking in human beings, violence and sexual exploitation; |
| --- | --- |

—

for information campaigns to be conducted in the countries of origin concerning the terms and conditions of legal immigration, legal immigrants' rights and the risks implicit in illegal immigration, such as trafficking in human beings, violence and sexual exploitation;

| 42. | Calls on the Member States to promote the means by which female migrant workers may achieve socio-political, economic and psychological empowerment, particularly with regard to their families, and acquire the knowledge required for successful integration in the host country, and by which female migrant workers' rights, position and role are secured, while strengthening the role of gender-oriented NGOs and the work of female migrant networks; |
| --- | --- |

42.

Calls on the Member States to promote the means by which female migrant workers may achieve socio-political, economic and psychological empowerment, particularly with regard to their families, and acquire the knowledge required for successful integration in the host country, and by which female migrant workers' rights, position and role are secured, while strengthening the role of gender-oriented NGOs and the work of female migrant networks;

| 43. | Calls on the Member States to ensure that the principle of non-discrimination is applied with regard to migrant women's access to and participation in the Community job market and to guarantee that their basic social and economic rights, including the right to equal pay, are respected; |
| --- | --- |

43.

Calls on the Member States to ensure that the principle of non-discrimination is applied with regard to migrant women's access to and participation in the Community job market and to guarantee that their basic social and economic rights, including the right to equal pay, are respected;

| 44. | Calls on the Member States to pay particular attention to the children of migrant women to ensure they benefit from a high level of protection and easier access to health care and education; |
| --- | --- |

44.

Calls on the Member States to pay particular attention to the children of migrant women to ensure they benefit from a high level of protection and easier access to health care and education;

| 45. | Supports the proposal set out in the Brussels declaration and plan of action adopted on 13 April 2006, which calls for the creation of a virtual observatory for ACP migration with the purpose of gathering complete and independent information in order to develop ACP solutions to the challenges of migration; |
| --- | --- |

45.

Supports the proposal set out in the Brussels declaration and plan of action adopted on 13 April 2006, which calls for the creation of a virtual observatory for ACP migration with the purpose of gathering complete and independent information in order to develop ACP solutions to the challenges of migration;

| 46. | Welcomes the establishment of the ACP-EU facility on migration by the end of 2006; calls, however, on the Commission to clarify its objectives and guarantee that this instrument will not be diverted from its development objectives; |
| --- | --- |

46.

Welcomes the establishment of the ACP-EU facility on migration by the end of 2006; calls, however, on the Commission to clarify its objectives and guarantee that this instrument will not be diverted from its development objectives;

| 47. | Questions the appropriateness and effectiveness of agreements and readmission clauses aimed at linking financial and technical aid to the ‘performance’ of third countries in terms of readmission; emphasises that this policy of demanding something in return threatens to impoverish the countries producing migrants; |
| --- | --- |

47.

Questions the appropriateness and effectiveness of agreements and readmission clauses aimed at linking financial and technical aid to the ‘performance’ of third countries in terms of readmission; emphasises that this policy of demanding something in return threatens to impoverish the countries producing migrants;

| 48. | Calls on the Commission to propose measures to strengthen the southern countries' capacity to manage autonomous migration policies under the European Migration Fund or the ACP-EU facility; |
| --- | --- |

48.

Calls on the Commission to propose measures to strengthen the southern countries' capacity to manage autonomous migration policies under the European Migration Fund or the ACP-EU facility;

| 49. | Stresses that the African Union and African regional organisations can play an important role in channelling economic migration in Africa, e.g. through cooperation agreements for co-development between the EU and the countries in which migration originates and bilateral and multilateral agreements, including clauses relating to respect for human rights and ILO standards, and considers that the European Union should support such initiatives; |
| --- | --- |

49.

Stresses that the African Union and African regional organisations can play an important role in channelling economic migration in Africa, e.g. through cooperation agreements for co-development between the EU and the countries in which migration originates and bilateral and multilateral agreements, including clauses relating to respect for human rights and ILO standards, and considers that the European Union should support such initiatives;

| 50. | Considers that the ACP-EU partnership is a particularly appropriate framework for putting forward joint responses to the migration issue, on the basis of Article 13 of the Cotonou Agreement; calls on the Commission to include, in the current negotiations on economic partnership agreements (EPAs) or any negotiations on readmission agreements, the following objectives:






  — | equal treatment in relation to social security for ACP nationals already provided for in the Lomé Convention but not applied, |
| --- | --- | --- |

50.

Considers that the ACP-EU partnership is a particularly appropriate framework for putting forward joint responses to the migration issue, on the basis of Article 13 of the Cotonou Agreement; calls on the Commission to include, in the current negotiations on economic partnership agreements (EPAs) or any negotiations on readmission agreements, the following objectives:

—

equal treatment in relation to social security for ACP nationals already provided for in the Lomé Convention but not applied,

| — | improved access to short-term visas for nationals of ACP countries, and more favourable rules on the mobility of temporary workers, |
| --- | --- |

—

improved access to short-term visas for nationals of ACP countries, and more favourable rules on the mobility of temporary workers,

| — | implementation of an information programme in the ACP countries for those seeking to migrate to the Union; |
| --- | --- |

—

implementation of an information programme in the ACP countries for those seeking to migrate to the Union;

| 51. | Calls on the Commission, together with the countries concerned, to draw up a strategy designed to support the countries of transit and destination which shoulder the heaviest burden of migrants and to consider action programmes for migrants in identified ‘migration poles’ and transit areas by targeting the most vulnerable groups of migrants (women and lone children) with the following objectives:






  — | helping those populations gain autonomy and realise their potential in ways other than mobility, |
| --- | --- | --- |

51.

Calls on the Commission, together with the countries concerned, to draw up a strategy designed to support the countries of transit and destination which shoulder the heaviest burden of migrants and to consider action programmes for migrants in identified ‘migration poles’ and transit areas by targeting the most vulnerable groups of migrants (women and lone children) with the following objectives:

—

helping those populations gain autonomy and realise their potential in ways other than mobility,

| — | improving the conditions of life of migrants in transit, particularly in the Sahel (information centres and help centres for foreign migrants), |
| --- | --- |

—

improving the conditions of life of migrants in transit, particularly in the Sahel (information centres and help centres for foreign migrants),

| — | proposing the prevention and treatment of sexually transmitted diseases (STDs) and of AIDS in the poles and on migratory routes, taking into account the link between the spread of STDs and the circulation of individuals; |
| --- | --- |

—

proposing the prevention and treatment of sexually transmitted diseases (STDs) and of AIDS in the poles and on migratory routes, taking into account the link between the spread of STDs and the circulation of individuals;

| 52. | Calls for these action programmes to focus in particular on the analysis of the psychological effects of migration and expulsion and on psychological care and support for women and children suffering from the negative effects thereof; |
| --- | --- |

52.

Calls for these action programmes to focus in particular on the analysis of the psychological effects of migration and expulsion and on psychological care and support for women and children suffering from the negative effects thereof;

| 53. | Calls for the Union to support the initiatives of the international community aimed at clarifying the concepts of political, economic and environmental refugees and to provide each category with suitable protection and assistance; considers that displaced persons should receive the same level of protection as that provided for refugees under the Convention relating to the Status of Refugees of 28 July 1951; calls on the Member States and on the international community to ensure respect for the UN's Guiding Principles on Internal Displacement and recommends that these rules on the protection of displaced persons be enshrined in an international convention; |
| --- | --- |

53.

Calls for the Union to support the initiatives of the international community aimed at clarifying the concepts of political, economic and environmental refugees and to provide each category with suitable protection and assistance; considers that displaced persons should receive the same level of protection as that provided for refugees under the Convention relating to the Status of Refugees of 28 July 1951; calls on the Member States and on the international community to ensure respect for the UN's Guiding Principles on Internal Displacement and recommends that these rules on the protection of displaced persons be enshrined in an international convention;

| 54. | Is concerned by the financial difficulties facing the HCR; is of the opinion that the Commission should step up its financial support for projects being run by the HCR and that the EU, which is the main contributor to the HCR budget, should bring pressure to bear on the other donors in order to ensure that the HCR has sufficient resources to carry out its role in the best conditions; |
| --- | --- |

54.

Is concerned by the financial difficulties facing the HCR; is of the opinion that the Commission should step up its financial support for projects being run by the HCR and that the EU, which is the main contributor to the HCR budget, should bring pressure to bear on the other donors in order to ensure that the HCR has sufficient resources to carry out its role in the best conditions;

| 55. | Calls on the Commission to develop projects in partnership with the HCR and the countries or regional organisations concerned, relating to:






  — | voluntary repatriation operations for refugees and displaced persons, |
| --- | --- | --- |

55.

Calls on the Commission to develop projects in partnership with the HCR and the countries or regional organisations concerned, relating to:

—

voluntary repatriation operations for refugees and displaced persons,

| — | putting in place accompanying structures to facilitate the resettlement of these populations; |
| --- | --- |

—

putting in place accompanying structures to facilitate the resettlement of these populations;

| 56. | Encourages the countries of transit and origin to take an active part in the new approach to migration and development; |
| --- | --- |

56.

Encourages the countries of transit and origin to take an active part in the new approach to migration and development;

| 57. | Asks the Commission to initiate dialogue with the countries of origin and to call upon them to prohibit practices contrary to human rights such as female genital mutilation, forced marriage, polygamy and divorce without mutual consent; |
| --- | --- |

57.

Asks the Commission to initiate dialogue with the countries of origin and to call upon them to prohibit practices contrary to human rights such as female genital mutilation, forced marriage, polygamy and divorce without mutual consent;

| 58. | Calls on the Commission to carry out a quantitative and qualitative evaluation of development aid expenditure and programmes in third countries and to assess their results in improving the position of women in migrants' countries of origin; |
| --- | --- |

58.

Calls on the Commission to carry out a quantitative and qualitative evaluation of development aid expenditure and programmes in third countries and to assess their results in improving the position of women in migrants' countries of origin;

| 59. | Calls on the Member States to consider more carefully the impact of conflict-induced displacement on the social, physical and psychological situation of migrant women, who, owing to the precariousness of their circumstances, are more likely to become victims of violence; |
| --- | --- |

59.

Calls on the Member States to consider more carefully the impact of conflict-induced displacement on the social, physical and psychological situation of migrant women, who, owing to the precariousness of their circumstances, are more likely to become victims of violence;

| 60. | Calls on the Member States and the European Union to ensure that migrant women who are victims of violence are fully informed of their rights, have effective access to legal assistance and are able to obtain an independent legal status, residence and work permit; |
| --- | --- |

60.

Calls on the Member States and the European Union to ensure that migrant women who are victims of violence are fully informed of their rights, have effective access to legal assistance and are able to obtain an independent legal status, residence and work permit;

| 61. | Calls on the Commission and the Council systematically to provide information, through their local representations and embassies, to women who wish to migrate to the EU concerning methods of legal immigration, their prospective rights and obligations and the fundamental values and principles governing European societies; |
| --- | --- |

61.

Calls on the Commission and the Council systematically to provide information, through their local representations and embassies, to women who wish to migrate to the EU concerning methods of legal immigration, their prospective rights and obligations and the fundamental values and principles governing European societies;

| 62. | Calls therefore on the Member States to evolve development policies and specific programmes designed to ensure that medical, social and psychological care is provided to female victims of conflict-induced displacement and other female migrants who suffer from the mental, physical and social consequences of their displacement; |
| --- | --- |

62.

Calls therefore on the Member States to evolve development policies and specific programmes designed to ensure that medical, social and psychological care is provided to female victims of conflict-induced displacement and other female migrants who suffer from the mental, physical and social consequences of their displacement;

| 63. | Stresses the importance of the exchange of best practices, among the Member States and also with third countries, particularly developing countries; |
| --- | --- |

63.

Stresses the importance of the exchange of best practices, among the Member States and also with third countries, particularly developing countries;

| 64. | Regrets that the Commission has not taken properly into account the gender approach in its communication entitled ‘Migration and Development: some concrete orientations’; proposes the setting up of a permanent and high-level interinstitutional task force in charge of monitoring the development of European immigration policy from a gender perspective, in particular to develop gender impact assessment tools before the adoption of any measures in the field of immigration policy; |
| --- | --- |

64.

Regrets that the Commission has not taken properly into account the gender approach in its communication entitled ‘Migration and Development: some concrete orientations’; proposes the setting up of a permanent and high-level interinstitutional task force in charge of monitoring the development of European immigration policy from a gender perspective, in particular to develop gender impact assessment tools before the adoption of any measures in the field of immigration policy;

| 65. | Calls on the Council and the Commission to adopt EU guidelines and concrete and targeted gender objectives and indicators in the field of immigration policy, including awareness-raising actions at national level, ensuring the integration of a gender perspective into immigration policy and a regular assessment of policies from a gender perspective; |
| --- | --- |

65.

Calls on the Council and the Commission to adopt EU guidelines and concrete and targeted gender objectives and indicators in the field of immigration policy, including awareness-raising actions at national level, ensuring the integration of a gender perspective into immigration policy and a regular assessment of policies from a gender perspective;

| 66. | Calls on the Council, the Commission and the Member States to establish a legal framework guaranteeing migrant women the right to hold their own passport and residence permit and making it possible to hold a person criminally responsible for taking these documents away; |
| --- | --- |

66.

Calls on the Council, the Commission and the Member States to establish a legal framework guaranteeing migrant women the right to hold their own passport and residence permit and making it possible to hold a person criminally responsible for taking these documents away;

| 67. | Calls on the Commission and the Member States to intensify their dialogue with women migrants' countries of origin with a view to promoting respect for women's rights and gender equality, and combating poverty and the economic dependence of women; |
| --- | --- |

67.

Calls on the Commission and the Member States to intensify their dialogue with women migrants' countries of origin with a view to promoting respect for women's rights and gender equality, and combating poverty and the economic dependence of women;

| 68. | Points out that migration and integration are closely linked and that if migration is to be successful and if all the parties concerned are to benefit, migration strategies must be accompanied by holistic multidimensional integration strategies; |
| --- | --- |

68.

Points out that migration and integration are closely linked and that if migration is to be successful and if all the parties concerned are to benefit, migration strategies must be accompanied by holistic multidimensional integration strategies;

| 69. | Deplores the lack of progress on integration since the Tampere summit in 1999 and considers that the EU must now fulfil its responsibilities in this area; welcomes, in this regard, the setting up of the European fund for the integration of third-country nationals; supports the rapid creation of a European migration observatory in order to accelerate the efforts of the EU and of the Member States in terms of integration; |
| --- | --- |

69.

Deplores the lack of progress on integration since the Tampere summit in 1999 and considers that the EU must now fulfil its responsibilities in this area; welcomes, in this regard, the setting up of the European fund for the integration of third-country nationals; supports the rapid creation of a European migration observatory in order to accelerate the efforts of the EU and of the Member States in terms of integration;

| 70. | Stresses that migrants are an asset for host countries and insists that this role should be more fully recognised and strengthened; emphasizes the fact that both EU citizens and immigrant workers are subject to rights and obligations which must be observed at all times; |
| --- | --- |

70.

Stresses that migrants are an asset for host countries and insists that this role should be more fully recognised and strengthened; emphasizes the fact that both EU citizens and immigrant workers are subject to rights and obligations which must be observed at all times;

| 71. | Calls on the Member States to make these positive aspects an integral part of their national information campaigns; |
| --- | --- |

71.

Calls on the Member States to make these positive aspects an integral part of their national information campaigns;

| 72. | Calls on the Member States to adopt a fair and transparent procedure to facilitate migrants' access to employment with decent working and health and safety conditions, as well as conditions of recruitment by firms, offering them every guarantee of dignity; |
| --- | --- |

72.

Calls on the Member States to adopt a fair and transparent procedure to facilitate migrants' access to employment with decent working and health and safety conditions, as well as conditions of recruitment by firms, offering them every guarantee of dignity;

| 73. | Calls on the Commission and the Member States to develop various youth exchange schemes, to take initiatives under the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) and to promote closer cultural and educational links with the third countries concerned, strengthening cooperation between educational establishments in the EU and the developing countries, as well as to support reintegration measures; |
| --- | --- |

73.

Calls on the Commission and the Member States to develop various youth exchange schemes, to take initiatives under the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) and to promote closer cultural and educational links with the third countries concerned, strengthening cooperation between educational establishments in the EU and the developing countries, as well as to support reintegration measures;

| 74. | Calls upon the Commission, in association with the Member States, to promote and develop exchange programmes for students and young graduates from developing countries which, as in the case of the Erasmus, Erasmus-Mundus, Comenius, Socrates and Leonardo da Vinci programmes, will help to secure the objectives of temporary migration and enable lessons and sound practices to be transferred to the countries of origin; |
| --- | --- |

74.

Calls upon the Commission, in association with the Member States, to promote and develop exchange programmes for students and young graduates from developing countries which, as in the case of the Erasmus, Erasmus-Mundus, Comenius, Socrates and Leonardo da Vinci programmes, will help to secure the objectives of temporary migration and enable lessons and sound practices to be transferred to the countries of origin;

| 75. | Calls on the Commission and Member States to improve the non-financial, social-professional contribution side of development by assessing the role of young people, improving integration and citizenship as well as linking stakeholders in the field of economic migration such as non-governmental organisations and the social partners in countries of origin and destination; |
| --- | --- |

75.

Calls on the Commission and Member States to improve the non-financial, social-professional contribution side of development by assessing the role of young people, improving integration and citizenship as well as linking stakeholders in the field of economic migration such as non-governmental organisations and the social partners in countries of origin and destination;

| 76. | Calls on the European Union and the Member States not to consider the migration issue in their relations with third countries as an extension of their restrictive migration policies; is opposed to any out-sourcing of the migration policies of the EU and the Member States consisting in passing on responsibility for migration issues solely to southern countries; |
| --- | --- |

76.

Calls on the European Union and the Member States not to consider the migration issue in their relations with third countries as an extension of their restrictive migration policies; is opposed to any out-sourcing of the migration policies of the EU and the Member States consisting in passing on responsibility for migration issues solely to southern countries;

| 77. | Points out that the management of migration flows should not be a precondition for any association agreement; |
| --- | --- |

77.

Points out that the management of migration flows should not be a precondition for any association agreement;

| 78. | Calls for the Commission and the Member States to put forward practical proposals to promote access to legal migration channels in order to combat the illegal labour market and the exploitation to which migrant workers are subjected; |
| --- | --- |

78.

Calls for the Commission and the Member States to put forward practical proposals to promote access to legal migration channels in order to combat the illegal labour market and the exploitation to which migrant workers are subjected;

| 79. | Calls on the Member States to introduce a genuine admission policy based on respect for human rights and international law; |
| --- | --- |

79.

Calls on the Member States to introduce a genuine admission policy based on respect for human rights and international law;

| 80. | Urges all Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and fully honour their international commitments with regard to the protection of migrants and their families; |
| --- | --- |

80.

Urges all Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and fully honour their international commitments with regard to the protection of migrants and their families;

| 81. | Notes the increased exploitation of migrant workers and calls on the Member States to ensure the enforcement of European and national employment legislation and to provide all migrant workers with legal and civil protection against abuse and exploitation; |
| --- | --- |

81.

Notes the increased exploitation of migrant workers and calls on the Member States to ensure the enforcement of European and national employment legislation and to provide all migrant workers with legal and civil protection against abuse and exploitation;

| 82. | Calls on the Union and the Member States to take measures to bring the status of foreigners legally established in the European Union and nationals of the Member States closer together and to provide them with maximum legal security and to move towards achievement of the aim of introducing a European citizenship which is open to non-Community nationals; |
| --- | --- |

82.

Calls on the Union and the Member States to take measures to bring the status of foreigners legally established in the European Union and nationals of the Member States closer together and to provide them with maximum legal security and to move towards achievement of the aim of introducing a European citizenship which is open to non-Community nationals;

| 83. | Recognises the great importance of ensuring at least a common minimum level of rights across the Union for third country nationals; welcomes, therefore, the plans to provide a level playing field for all immigrants gaining access to the Union's labour markets; |
| --- | --- |

83.

Recognises the great importance of ensuring at least a common minimum level of rights across the Union for third country nationals; welcomes, therefore, the plans to provide a level playing field for all immigrants gaining access to the Union's labour markets;

| 84. | Welcomes the plan to establish a fair and transparent admission procedure for seasonal workers and to grant them rights; believes that due consideration should be given to semi-skilled and low-skilled migrants; considers that it is important to protect these particularly vulnerable categories of workers from discrimination and exploitation; |
| --- | --- |

84.

Welcomes the plan to establish a fair and transparent admission procedure for seasonal workers and to grant them rights; believes that due consideration should be given to semi-skilled and low-skilled migrants; considers that it is important to protect these particularly vulnerable categories of workers from discrimination and exploitation;

| 85. | Demands that the Member States ensure that an autonomous status and a work permit are granted to the spouse and children of the principal legal status holder once the request for family reunification is accepted, in order to guarantee and protect their rights fully and facilitate their social integration; |
| --- | --- |

85.

Demands that the Member States ensure that an autonomous status and a work permit are granted to the spouse and children of the principal legal status holder once the request for family reunification is accepted, in order to guarantee and protect their rights fully and facilitate their social integration;

| 86. | Calls on the Member States to consider appointing a key discussion partner (ombudsman) at national or local level to deal with immigrants' requests and complaints regarding their working conditions, legal certainty or discriminatory treatment, and calls on the Commission to conduct research into Member States' good practice in this area on the national and regional levels; |
| --- | --- |

86.

Calls on the Member States to consider appointing a key discussion partner (ombudsman) at national or local level to deal with immigrants' requests and complaints regarding their working conditions, legal certainty or discriminatory treatment, and calls on the Commission to conduct research into Member States' good practice in this area on the national and regional levels;

| 87. | Regrets that there is a lack of recognition of the links between trafficking and migration; notes that many women who are victims of human trafficking have no access to legal or social protection; calls on the Commission and the Member States to focus in their anti-trafficking strategies on prevention and protection of the victims; calls on the Member States to grant these women long-term residence; |
| --- | --- |

87.

Regrets that there is a lack of recognition of the links between trafficking and migration; notes that many women who are victims of human trafficking have no access to legal or social protection; calls on the Commission and the Member States to focus in their anti-trafficking strategies on prevention and protection of the victims; calls on the Member States to grant these women long-term residence;

| 88. | Calls on the Commission and the Council to ensure that the fight against trafficking in human beings linked to migration is given priority status at EU level and that adequate financial resources are devoted to this action; considers that the plan of action in preparation should reflect this priority, attach particular importance to the most vulnerable people, particularly women and children, and focus on the necessary collaboration with countries of origin and of transit; |
| --- | --- |

88.

Calls on the Commission and the Council to ensure that the fight against trafficking in human beings linked to migration is given priority status at EU level and that adequate financial resources are devoted to this action; considers that the plan of action in preparation should reflect this priority, attach particular importance to the most vulnerable people, particularly women and children, and focus on the necessary collaboration with countries of origin and of transit;

| 89. | Expects the Commission, when taking measures against organised trafficking in human beings from developing countries, not to criminalise the victims, but to focus on punishing the perpetrators; notes that many women who are victims of human trafficking have no access to legal or social protection; calls on the Member States to grant these women the possibility of long-term residence; |
| --- | --- |

89.

Expects the Commission, when taking measures against organised trafficking in human beings from developing countries, not to criminalise the victims, but to focus on punishing the perpetrators; notes that many women who are victims of human trafficking have no access to legal or social protection; calls on the Member States to grant these women the possibility of long-term residence;

| 90. | Calls on the Council to include the recommendations contained in this resolution in the common position under preparation, with a view to the high-level dialogue on international migration and development to be held by the United Nations in September 2006; |
| --- | --- |

90.

Calls on the Council to include the recommendations contained in this resolution in the common position under preparation, with a view to the high-level dialogue on international migration and development to be held by the United Nations in September 2006;

| 91. | Instructs its President to forward this resolution to the Council and Commission, the governments of the Member States and ACP countries, the ACP-EU Council and the ACP-EU Joint Parliamentary Assembly. |
| --- | --- |

91.

Instructs its President to forward this resolution to the Council and Commission, the governments of the Member States and ACP countries, the ACP-EU Council and the ACP-EU Joint Parliamentary Assembly.

---

(1)  OJ L 317, 15.12.2000, p. 3.

(2)  OJ L 287, 28.10.2005, p. 4.

(3)  OJ L 164, 24.6.2005, p. 46.

(4)  http://www.worldbank.org/globaloutlook.

(5)  www.gci.org.

(6)  This is equal to doubling the aid provided in 2004.

(7)  OJ C 46, 24.2.2006, p. 1.

(8)  Texts Adopted, P6_TA(2005)0445.

(9)  Texts Adopted, P6_TA(2005)0427.

(10)  Texts Adopted, P6_TA(2005)0408.

(11)  OJ C 124 E, 25.5.2006, p. 535.

(12)  OJ C 33 E, 9.2.2006, p. 311.

(13)  OJ L 354, 30.12.1998, p. 5.

(14)  ILO: Preventing discrimination, exploitation and abuse of women migrant workers: an information guide — booklet 1: why the focus on women international migrant workers. Geneva, 2003, ILO, p. 9.

P6_TA(2006)0320

Fair Trade and development

European Parliament resolution on Fair Trade and development (2005/2245(INI))

The European Parliament,

| — | having regard to its resolution of 2 July 1998 on fair trade (1), |
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—

having regard to its resolution of 2 July 1998 on fair trade (1),

| — | having regard to its resolution of 10 April 2003 on the crisis in the international coffee market (2), |
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—

having regard to its resolution of 10 April 2003 on the crisis in the international coffee market (2),

| — | having regard to the communication from the Commission to the Council and the European Parliament of 12 February 2004 entitled ‘Agricultural Commodity Chains, Dependence and Poverty — A proposal for an EU Action Plan’ (COM(2004)0089), |
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—

having regard to the communication from the Commission to the Council and the European Parliament of 12 February 2004 entitled ‘Agricultural Commodity Chains, Dependence and Poverty — A proposal for an EU Action Plan’ (COM(2004)0089),

| — | having regard to the communication from the Commission to the Council of 29 November 1999 on ‘fair trade’ (COM(1999)0619), |
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—

having regard to the communication from the Commission to the Council of 29 November 1999 on ‘fair trade’ (COM(1999)0619),

| — | having regard to the opinion of the European Economic and Social Committee of 27 October 2005 on Ethical Trade and Consumer Assurance Schemes (3), |
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—

having regard to the opinion of the European Economic and Social Committee of 27 October 2005 on Ethical Trade and Consumer Assurance Schemes (3),

| — | having regard to the Declaration and plan of action on African Commodities adopted by the Conference of Ministers of Trade of the African Union held in Arusha on 21 — 23 November 2005, |
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—

having regard to the Declaration and plan of action on African Commodities adopted by the Conference of Ministers of Trade of the African Union held in Arusha on 21 — 23 November 2005,

| — | having regard to São Paulo Consensus, Eleventh Session of the United Nations Conference on Trade and Development (UNCTAD), held in São Paulo on 13 — 18 June 2004, |
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—

having regard to São Paulo Consensus, Eleventh Session of the United Nations Conference on Trade and Development (UNCTAD), held in São Paulo on 13 — 18 June 2004,

| — | having regard to Articles 177 to 181 of the EC Treaty, |
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—

having regard to Articles 177 to 181 of the EC Treaty,

| — | having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the ‘Cotonou Agreement’) (4), and amended in Luxembourg on 25 June 2005 (5), and in particular Article 23(g) thereof, |
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—

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the ‘Cotonou Agreement’) (4), and amended in Luxembourg on 25 June 2005 (5), and in particular Article 23(g) thereof,

| — | having regard to the Compendium on co-operation strategies to the Cotonou Agreement, issued by the Commission in 2001, |
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—

having regard to the Compendium on co-operation strategies to the Cotonou Agreement, issued by the Commission in 2001,

| — | having regard to the Handbook on environmental public procurement of the European Commission entitled ‘Buying Green’ of 2004, |
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—

having regard to the Handbook on environmental public procurement of the European Commission entitled ‘Buying Green’ of 2004,

| — | having regard to the report of AFNOR (Agence française de normalisation) entitled ‘Les critères applicables à la démarche de commerce équitable’ of 9 December 2005, |
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—

having regard to the report of AFNOR (Agence française de normalisation) entitled ‘Les critères applicables à la démarche de commerce équitable’ of 9 December 2005,

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development and the opinion of the Committee on International Trade (A6-0207/2006), |
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—

having regard to the report of the Committee on Development and the opinion of the Committee on International Trade (A6-0207/2006),

| A. | whereas Fair Trade has proved to be an effective way of promoting sustainable development, |
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A.

whereas Fair Trade has proved to be an effective way of promoting sustainable development,

| B. | whereas Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards have in common their ambition to market, sell and promote trade in products which comply with certain social, environmental and development criteria, |
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B.

whereas Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards have in common their ambition to market, sell and promote trade in products which comply with certain social, environmental and development criteria,

| C. | whereas Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards are important instruments for achieving the Millennium Development Goals (MDGs), particularly the eradication of poverty and the global partnership for development, |
| --- | --- |

C.

whereas Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards are important instruments for achieving the Millennium Development Goals (MDGs), particularly the eradication of poverty and the global partnership for development,

| D. | whereas prices for many of the main agricultural exports of developing countries, such as sugar, cotton, cocoa and coffee, fell by 30 to 60 % between 1970 and 2000 forcing small farmers to sell their goods below the cost of production and reducing the revenue of many of the poorest countries in the world and whereas Fair Trade can provide solutions, |
| --- | --- |

D.

whereas prices for many of the main agricultural exports of developing countries, such as sugar, cotton, cocoa and coffee, fell by 30 to 60 % between 1970 and 2000 forcing small farmers to sell their goods below the cost of production and reducing the revenue of many of the poorest countries in the world and whereas Fair Trade can provide solutions,

| E. | whereas Articles XXXVI-XXXVIII of the General Agreement on Tariffs and Trade (GATT) commit members of the World Trade Organization (WTO) to take joint action, where appropriate, to achieve the stabilisation of commodity prices; whereas the African Union insists that the commodity issue be part of the ongoing WTO negotiations, |
| --- | --- |

E.

whereas Articles XXXVI-XXXVIII of the General Agreement on Tariffs and Trade (GATT) commit members of the World Trade Organization (WTO) to take joint action, where appropriate, to achieve the stabilisation of commodity prices; whereas the African Union insists that the commodity issue be part of the ongoing WTO negotiations,

| F. | whereas Article 23(g) of the Cotonou Agreement stipulates support for the promotion of Fair Trade and the Compendium on co-operation strategies to the Cotonou agreement specifies in paragraph 64 of Section 2.6.3. that ‘Co-operation shall provide support to both producer groups in developing countries and NGOs within the EU through budget headings and EDF resources. This support shall be used to finance the launching of new product lines, consumer awareness campaigns, educational activity and capacity building’, |
| --- | --- |

F.

whereas Article 23(g) of the Cotonou Agreement stipulates support for the promotion of Fair Trade and the Compendium on co-operation strategies to the Cotonou agreement specifies in paragraph 64 of Section 2.6.3. that ‘Co-operation shall provide support to both producer groups in developing countries and NGOs within the EU through budget headings and EDF resources. This support shall be used to finance the launching of new product lines, consumer awareness campaigns, educational activity and capacity building’,

| G. | whereas Fair Trade pursues two inseparable objectives: on the one hand, to provide opportunities for development for small-scale producers and workers in developing countries, and, on the other, to encourage the international trading system and private undertakings to operate in a way which is fairer and more conducive to sustainable development; whereas the international Fair Trade movement pursues the latter objective by setting an example and by exerting pressure on governments, international organisations and businesses, |
| --- | --- |

G.

whereas Fair Trade pursues two inseparable objectives: on the one hand, to provide opportunities for development for small-scale producers and workers in developing countries, and, on the other, to encourage the international trading system and private undertakings to operate in a way which is fairer and more conducive to sustainable development; whereas the international Fair Trade movement pursues the latter objective by setting an example and by exerting pressure on governments, international organisations and businesses,

| H. | whereas a number of other independently monitored trading initiatives contributing to raising social and environmental standards pursue objectives which both support sustainable development for producers and workers in developing countries and are designed to enable private companies to become actively involved in and to support sustainable development, |
| --- | --- |

H.

whereas a number of other independently monitored trading initiatives contributing to raising social and environmental standards pursue objectives which both support sustainable development for producers and workers in developing countries and are designed to enable private companies to become actively involved in and to support sustainable development,

| I. | whereas Fair Trade organisations play an important role in raising awareness in relation to North-South relations, particularly through public campaigns and the strengthening of citizen-to-citizen cooperation, as well as through the concept of Fair Trade towns and universities, |
| --- | --- |

I.

whereas Fair Trade organisations play an important role in raising awareness in relation to North-South relations, particularly through public campaigns and the strengthening of citizen-to-citizen cooperation, as well as through the concept of Fair Trade towns and universities,

| J. | whereas Fair Trade sales have been growing in Europe by on average 20 % per year since 2000, with more than one million producers and their families benefiting from them and proving that European consumers are increasingly interested in responsible purchasing; whereas growth in such trade differs between the Member States, and the overall market share of Fair Trade is still small but developing rapidly, while international trends are similarly encouraging, |
| --- | --- |

J.

whereas Fair Trade sales have been growing in Europe by on average 20 % per year since 2000, with more than one million producers and their families benefiting from them and proving that European consumers are increasingly interested in responsible purchasing; whereas growth in such trade differs between the Member States, and the overall market share of Fair Trade is still small but developing rapidly, while international trends are similarly encouraging,

| K. | whereas an increasing number of European retailers make significant efforts to support Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards by communicating their values and offering their products in their outlets, |
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K.

whereas an increasing number of European retailers make significant efforts to support Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards by communicating their values and offering their products in their outlets,

| L. | whereas millions of producers want to join the Fair Trade system and other independently monitored trading initiatives contributing to raising social and environmental standards and whereas there is a huge potential for further growth; whereas international trade and agriculture policies cause difficulties, particularly for small and medium-sized enterprises in developing countries, including Fair Trade producers, |
| --- | --- |

L.

whereas millions of producers want to join the Fair Trade system and other independently monitored trading initiatives contributing to raising social and environmental standards and whereas there is a huge potential for further growth; whereas international trade and agriculture policies cause difficulties, particularly for small and medium-sized enterprises in developing countries, including Fair Trade producers,

| M. | whereas awareness needs to be raised among European consumers about the positive impact of Fair Trade on the socio-economic situation of producers and their local communities, |
| --- | --- |

M.

whereas awareness needs to be raised among European consumers about the positive impact of Fair Trade on the socio-economic situation of producers and their local communities,

| N. | whereas producers and consumers benefit from a single identifiable Fair Trade certification mark, as is already in place, |
| --- | --- |

N.

whereas producers and consumers benefit from a single identifiable Fair Trade certification mark, as is already in place,

| O. | whereas, in the context of Fair Trade, particular attention should be paid to the role of women, who are the main economic agents in sustainable development, |
| --- | --- |

O.

whereas, in the context of Fair Trade, particular attention should be paid to the role of women, who are the main economic agents in sustainable development,

| P. | whereas Fair Trade has proven to be an effective tool in supporting indigenous people and has given them the opportunity to sell their goods directly on European markets while pursuing traditional ways of life and production, |
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P.

whereas Fair Trade has proven to be an effective tool in supporting indigenous people and has given them the opportunity to sell their goods directly on European markets while pursuing traditional ways of life and production,

| Q. | whereas Fair Trade products are marketed under two different routes: the integrated route, whereby products (mainly crafts) are imported via Fair Trade organisations and distributed mainly in specialised Fair Trade shops (worldshops), and the labelling route, whereby goods are labelled by specialised Fair Trade certification agencies to certify that their production chains respect Fair Trade principles, |
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Q.

whereas Fair Trade products are marketed under two different routes: the integrated route, whereby products (mainly crafts) are imported via Fair Trade organisations and distributed mainly in specialised Fair Trade shops (worldshops), and the labelling route, whereby goods are labelled by specialised Fair Trade certification agencies to certify that their production chains respect Fair Trade principles,

| R. | whereas internationally harmonised voluntary standards for labelled and non-labelled Fair Trade products and organisations have been developed over the last five decades by the international Fair Trade movement, namely the following organisations: FLO (Fairtrade Labelling Organizations International), IFAT (International Fair Trade Association), NEWS (the Network of European Worldshops) and EFTA (European Fair Trade Association), |
| --- | --- |

R.

whereas internationally harmonised voluntary standards for labelled and non-labelled Fair Trade products and organisations have been developed over the last five decades by the international Fair Trade movement, namely the following organisations: FLO (Fairtrade Labelling Organizations International), IFAT (International Fair Trade Association), NEWS (the Network of European Worldshops) and EFTA (European Fair Trade Association),

| S. | whereas, in view of the success of Fair Trade and the lack of legal protection, there is a risk that the concept may be abused by companies that enter the Fair Trade market without complying with the relevant criteria; whereas this may reduce the benefits for poor and marginalized producers in developing countries, may also reduce transparency for consumers and may infringe consumers' rights to appropriate product information, |
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S.

whereas, in view of the success of Fair Trade and the lack of legal protection, there is a risk that the concept may be abused by companies that enter the Fair Trade market without complying with the relevant criteria; whereas this may reduce the benefits for poor and marginalized producers in developing countries, may also reduce transparency for consumers and may infringe consumers' rights to appropriate product information,

| T. | whereas some Member States have started legislative processes to regulate the use of the term Fair Trade and the criteria for qualification as a Fair Trade organisation, |
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T.

whereas some Member States have started legislative processes to regulate the use of the term Fair Trade and the criteria for qualification as a Fair Trade organisation,

| U. | whereas the Commission has no clear policy as regards Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards, and whereas there is no structured co-ordination between its different Directorates-General in this regard, |
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U.

whereas the Commission has no clear policy as regards Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards, and whereas there is no structured co-ordination between its different Directorates-General in this regard,

| V. | whereas assistance and support for Fair Trade, Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards in Europe is currently limited and fragmented, |
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V.

whereas assistance and support for Fair Trade, Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards in Europe is currently limited and fragmented,

| W. | whereas Fair Trade products are increasingly being offered in the EU institutions, |
| --- | --- |

W.

whereas Fair Trade products are increasingly being offered in the EU institutions,

| X. | whereas there are means by which governments can support Fair Trade which are compatible with WTO rules, provided that they are non-discriminatory between WTO Member States, |
| --- | --- |

X.

whereas there are means by which governments can support Fair Trade which are compatible with WTO rules, provided that they are non-discriminatory between WTO Member States,

| 1. | Urges the Commission to issue a recommendation on Fair Trade, recognising that a non-binding legislative act is the appropriate form of act at this point in time and would not carry the risk of over-regulation, and to consider issuing a recommendation on other independently monitored trading initiatives contributing to raising social and environmental standards; |
| --- | --- |

1.

Urges the Commission to issue a recommendation on Fair Trade, recognising that a non-binding legislative act is the appropriate form of act at this point in time and would not carry the risk of over-regulation, and to consider issuing a recommendation on other independently monitored trading initiatives contributing to raising social and environmental standards;

| 2. | Believes that, in order to eliminate the risk of abuse, Fair Trade needs to meet a number of criteria, which are defined by the Fair Trade movement in Europe as being the following:






  a) | a fair producer price, guaranteeing a fair wage and covering the costs of sustainable production and living. This price needs to be at least as high as the Fair Trade minimum price and premium, where they have been defined by international Fair Trade associations; |
| --- | --- | --- |

2.

Believes that, in order to eliminate the risk of abuse, Fair Trade needs to meet a number of criteria, which are defined by the Fair Trade movement in Europe as being the following:

a)

a fair producer price, guaranteeing a fair wage and covering the costs of sustainable production and living. This price needs to be at least as high as the Fair Trade minimum price and premium, where they have been defined by international Fair Trade associations;

| b) | part payments to be made in advance, if so requested by the producer; |
| --- | --- |

b)

part payments to be made in advance, if so requested by the producer;

| c) | long-term, stable relations with producers and involvement on the part of producers in Fair Trade standard-setting; |
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c)

long-term, stable relations with producers and involvement on the part of producers in Fair Trade standard-setting;

| d) | transparency and traceability throughout the supply chain to guarantee appropriate consumer information; |
| --- | --- |

d)

transparency and traceability throughout the supply chain to guarantee appropriate consumer information;

| e) | conditions of production which respect the eight International Labour Organization (ILO) Core Conventions; |
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e)

conditions of production which respect the eight International Labour Organization (ILO) Core Conventions;

| f) | respect for the environment, protection of human rights and in particular women's and children's rights and respect for traditional production methods which promote economic and social development; |
| --- | --- |

f)

respect for the environment, protection of human rights and in particular women's and children's rights and respect for traditional production methods which promote economic and social development;

| g) | capacity building and empowerment for producers, particularly small-scale and marginalised producers and workers in developing countries, and their organisations, as well as for the respective communities, in order to ensure the sustainability of Fair Trade; |
| --- | --- |

g)

capacity building and empowerment for producers, particularly small-scale and marginalised producers and workers in developing countries, and their organisations, as well as for the respective communities, in order to ensure the sustainability of Fair Trade;

| h) | support for production and market access for producer organisations; |
| --- | --- |

h)

support for production and market access for producer organisations;

| i) | awareness-raising activities about Fair Trade production and trading relationships, the mission and aims of Fair Trade and the prevailing injustice of international trade rules; |
| --- | --- |

i)

awareness-raising activities about Fair Trade production and trading relationships, the mission and aims of Fair Trade and the prevailing injustice of international trade rules;

| j) | monitoring and verification of compliance with these criteria, in which Southern organisations must play a greater role, leading to reduced costs and increased local participation in the certification process; |
| --- | --- |

j)

monitoring and verification of compliance with these criteria, in which Southern organisations must play a greater role, leading to reduced costs and increased local participation in the certification process;

| k) | regular impact assessments of Fair Trade activities; |
| --- | --- |

k)

regular impact assessments of Fair Trade activities;

| 3. | Stresses that the most significant part of the increase in Fair Trade sales has been achieved with respect to labelled products, and that Fair Trade labelling initiatives have been developed in most European countries; |
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3.

Stresses that the most significant part of the increase in Fair Trade sales has been achieved with respect to labelled products, and that Fair Trade labelling initiatives have been developed in most European countries;

| 4. | Notes that Europe is the biggest market for Fair Trade products, with an estimated 60 % to 70 % of global sales, and that it has potential for further growth; |
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4.

Notes that Europe is the biggest market for Fair Trade products, with an estimated 60 % to 70 % of global sales, and that it has potential for further growth;

| 5. | Recalls that the establishment of a free and fair multilateral trading system constitutes the best tool for achieving the effective management of globalisation, for the benefit of all; recalls, moreover, that the Fair Trade system has proven to be an important tool for poverty reduction and sustainable development and believes that, in the long term, it could facilitate the equitable participation of developing countries in the multilateral trading system, guarantee them stable and sustainable access to the European market and raise consumer awareness; |
| --- | --- |

5.

Recalls that the establishment of a free and fair multilateral trading system constitutes the best tool for achieving the effective management of globalisation, for the benefit of all; recalls, moreover, that the Fair Trade system has proven to be an important tool for poverty reduction and sustainable development and believes that, in the long term, it could facilitate the equitable participation of developing countries in the multilateral trading system, guarantee them stable and sustainable access to the European market and raise consumer awareness;

| 6. | Recalls that, while international trade agreements fail to deliver for poor countries, the Fair Trade system has proved to be effective in poverty reduction and sustainable development; believes that, in the long term, it could allow developing countries to fully participate in the multilateral trading system; |
| --- | --- |

6.

Recalls that, while international trade agreements fail to deliver for poor countries, the Fair Trade system has proved to be effective in poverty reduction and sustainable development; believes that, in the long term, it could allow developing countries to fully participate in the multilateral trading system;

| 7. | Calls on the Commission and the Council to promote Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards as effective tools for achieving the MDGs and to recognize the important role of Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards in supporting small and marginalised producers in developing countries and in increasing the awareness of European consumers with regard to sustainable and ethical North-South trading relations in general and to Fair Trade in particular; |
| --- | --- |

7.

Calls on the Commission and the Council to promote Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards as effective tools for achieving the MDGs and to recognize the important role of Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards in supporting small and marginalised producers in developing countries and in increasing the awareness of European consumers with regard to sustainable and ethical North-South trading relations in general and to Fair Trade in particular;

| 8. | Recalls that European trade policies must improve market access for small producers in the South; |
| --- | --- |

8.

Recalls that European trade policies must improve market access for small producers in the South;

| 9. | Calls on the Commission to undertake a study to examine how Fair Trade could develop into a model for sustainable trade policy which would be capable of stimulating balanced North-South trade, and to identify the obstacles to trade which impact most seriously on the world's poor; |
| --- | --- |

9.

Calls on the Commission to undertake a study to examine how Fair Trade could develop into a model for sustainable trade policy which would be capable of stimulating balanced North-South trade, and to identify the obstacles to trade which impact most seriously on the world's poor;

| 10. | Calls on the Commission to recognise that there are also other credible schemes that, alongside the Fair Trade movement and under the umbrella of the International Social and Environmental Accreditation and Labelling Alliance (ISEAL), contribute to defining social and environmental standard-setting in third-party certification; |
| --- | --- |

10.

Calls on the Commission to recognise that there are also other credible schemes that, alongside the Fair Trade movement and under the umbrella of the International Social and Environmental Accreditation and Labelling Alliance (ISEAL), contribute to defining social and environmental standard-setting in third-party certification;

| 11. | Calls on the Commission and the Member States to take appropriate measures to ensure that consumers have access to all information they need in order to make informed choices; believes that consumers must have the right to quick access to product information, which must be easily comprehensible and presented in a transparent way; |
| --- | --- |

11.

Calls on the Commission and the Member States to take appropriate measures to ensure that consumers have access to all information they need in order to make informed choices; believes that consumers must have the right to quick access to product information, which must be easily comprehensible and presented in a transparent way;

| 12. | Calls on the Commission to liaise with the international Fair Trade movement in supporting clear and widely-applicable criteria against which consumer assurance schemes can be assessed, underpinning consumer confidence in such schemes and consolidating the Fair Trade product sectors; |
| --- | --- |

12.

Calls on the Commission to liaise with the international Fair Trade movement in supporting clear and widely-applicable criteria against which consumer assurance schemes can be assessed, underpinning consumer confidence in such schemes and consolidating the Fair Trade product sectors;

| 13. | Calls on the Commission to launch specific calls for proposals in relation to Fair Trade targeted at raising consumer awareness, supporting assurance schemes and labelling and systematic data collection and assessment of effects across the EU; |
| --- | --- |

13.

Calls on the Commission to launch specific calls for proposals in relation to Fair Trade targeted at raising consumer awareness, supporting assurance schemes and labelling and systematic data collection and assessment of effects across the EU;

| 14. | Calls on the Commission to improve coordination of its activities in the field of Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards by the different Directorates-General responsible for Development, Trade, Employment and Social Affairs, Consumer Protection, Internal Market and Agriculture and to make Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards integral parts of its policies in these areas; |
| --- | --- |

14.

Calls on the Commission to improve coordination of its activities in the field of Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards by the different Directorates-General responsible for Development, Trade, Employment and Social Affairs, Consumer Protection, Internal Market and Agriculture and to make Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards integral parts of its policies in these areas;

| 15. | Asks the Commission and the Council to study and to consider implementing a low VAT rate for Fair Trade products and to eliminate import duties on Fair Trade products from developing countries; stresses that any products on which a low VAT rate are levied should be closely monitored in order to avoid abuse; |
| --- | --- |

15.

Asks the Commission and the Council to study and to consider implementing a low VAT rate for Fair Trade products and to eliminate import duties on Fair Trade products from developing countries; stresses that any products on which a low VAT rate are levied should be closely monitored in order to avoid abuse;

| 16. | Urges Member States that are currently developing Fair Trade legislation or legislation that may affect Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards to base any relevant criteria on the knowledge and experience of the relevant stakeholders, including the international Fair Trade movement, and as a first step thoroughly to assess the risk of over-regulation as well as the possible impact of such regulation on small and marginalised producers; |
| --- | --- |

16.

Urges Member States that are currently developing Fair Trade legislation or legislation that may affect Fair Trade organisations and other independently monitored trading initiatives contributing to raising social and environmental standards to base any relevant criteria on the knowledge and experience of the relevant stakeholders, including the international Fair Trade movement, and as a first step thoroughly to assess the risk of over-regulation as well as the possible impact of such regulation on small and marginalised producers;

| 17. | Urges the Commission to implement Article 23(g) of the Cotonou Agreement and the provisions as laid down in the Compendium on co-operation strategies to the Agreement, in particular paragraphs 61 to 64 thereof; |
| --- | --- |

17.

Urges the Commission to implement Article 23(g) of the Cotonou Agreement and the provisions as laid down in the Compendium on co-operation strategies to the Agreement, in particular paragraphs 61 to 64 thereof;

| 18. | Calls on the Commission to establish an internal contact point to ensure regular coordination on Fair Trade issues between its different services; |
| --- | --- |

18.

Calls on the Commission to establish an internal contact point to ensure regular coordination on Fair Trade issues between its different services;

| 19. | Calls on the Commission to provide ‘Aid for Fair Trade’:






  a) | in developing countries, including therein measures to develop new Fair Trade products, provide technical assistance and capacity building (for instance to meet the European Sanitary and Phyto-sanitary (SPS) standards, rules of origin and the growing number of corporate standards), encourage moves into manufacturing (value-adding), support capacity building and empowerment programmes, support pre-financing for Fair Trade producers and assist in the distribution of Fair Trade products on local markets, with a special emphasis on projects implemented by women; |
| --- | --- | --- |

19.

Calls on the Commission to provide ‘Aid for Fair Trade’:

a)

in developing countries, including therein measures to develop new Fair Trade products, provide technical assistance and capacity building (for instance to meet the European Sanitary and Phyto-sanitary (SPS) standards, rules of origin and the growing number of corporate standards), encourage moves into manufacturing (value-adding), support capacity building and empowerment programmes, support pre-financing for Fair Trade producers and assist in the distribution of Fair Trade products on local markets, with a special emphasis on projects implemented by women;

| b) | within the EU, including therein measures to support Fair Trade awareness-raising programmes, public campaigns and advocacy activities, research on impact and best practice, supply chain analyses, traceability and accountability assessments, Fair Trade marketing support and practical support for worldshops; |
| --- | --- |

b)

within the EU, including therein measures to support Fair Trade awareness-raising programmes, public campaigns and advocacy activities, research on impact and best practice, supply chain analyses, traceability and accountability assessments, Fair Trade marketing support and practical support for worldshops;

| c) | within the EU and in developing countries, with a view to promoting the work and role of Fair Trade organisations. |
| --- | --- |

c)

within the EU and in developing countries, with a view to promoting the work and role of Fair Trade organisations.

| 20. | Invites the Commission, after having consulted stakeholders, to present a proposal to Parliament for appropriate action and funding in the area of Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards; |
| --- | --- |

20.

Invites the Commission, after having consulted stakeholders, to present a proposal to Parliament for appropriate action and funding in the area of Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards;

| 21. | Asks the Commission to look into means of further raising awareness in relation to Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards; |
| --- | --- |

21.

Asks the Commission to look into means of further raising awareness in relation to Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards;

| 22. | Calls on public authorities in Europe to integrate Fair Trade criteria into their public tenders and purchasing policies and asks the Commission to promote this by, for example, producing guidelines for Fair Trade procurement; |
| --- | --- |

22.

Calls on public authorities in Europe to integrate Fair Trade criteria into their public tenders and purchasing policies and asks the Commission to promote this by, for example, producing guidelines for Fair Trade procurement;

| 23. | Recalls that regional authorities in particular make major investments in relevant product markets; consequently calls on these bodies, in their calls for tender, to give special consideration to Fair Trade products; |
| --- | --- |

23.

Recalls that regional authorities in particular make major investments in relevant product markets; consequently calls on these bodies, in their calls for tender, to give special consideration to Fair Trade products;

| 24. | Welcomes the increased efforts of Parliament in particular to offer Fair Trade products, and stresses that all EU institutions should use Fair Trade products in their internal services; |
| --- | --- |

24.

Welcomes the increased efforts of Parliament in particular to offer Fair Trade products, and stresses that all EU institutions should use Fair Trade products in their internal services;

| 25. | Emphasises that Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards can be successful tools for making enterprises socially aware and socially responsible; |
| --- | --- |

25.

Emphasises that Fair Trade and other independently monitored trading initiatives contributing to raising social and environmental standards can be successful tools for making enterprises socially aware and socially responsible;

| 26. | Stresses the importance of making European policy on corporate social responsibility more inclusive through the continuation and intensification of multi-stakeholder fora, including fora where Fair Trade organisations are present; |
| --- | --- |

26.

Stresses the importance of making European policy on corporate social responsibility more inclusive through the continuation and intensification of multi-stakeholder fora, including fora where Fair Trade organisations are present;

| 27. | Urges the Commission to support mechanisms for the participation, where feasible, of producers in price determination, as provided for in paragraph 63 of the Compendium on co-operation strategies to the Cotonou Agreement; |
| --- | --- |

27.

Urges the Commission to support mechanisms for the participation, where feasible, of producers in price determination, as provided for in paragraph 63 of the Compendium on co-operation strategies to the Cotonou Agreement;

| 28. | Urges the Commission to support the African Union to include as a matter of priority the issue of commodity prices in ongoing global trade negotiations in accordance with its WTO commitments, in particular GATT Articles XXXVI — XXXVIII; |
| --- | --- |

28.

Urges the Commission to support the African Union to include as a matter of priority the issue of commodity prices in ongoing global trade negotiations in accordance with its WTO commitments, in particular GATT Articles XXXVI — XXXVIII;

| 29. | Calls on the Commission to take action, in accordance with paragraph 2(a) of GATT Article XXXVIII, to devise measures designed to stabilise and improve market conditions for primary products of particular interest to less-developed countries ‘including measures designed to attain stable, equitable and remunerative prices for exports of such products’; |
| --- | --- |

29.

Calls on the Commission to take action, in accordance with paragraph 2(a) of GATT Article XXXVIII, to devise measures designed to stabilise and improve market conditions for primary products of particular interest to less-developed countries ‘including measures designed to attain stable, equitable and remunerative prices for exports of such products’;

| 30. | Welcomes the introduction of special social and environmental clauses under the Generalised System of Preferences + (GSP +), but sees the need for reinforcement of the monitoring mechanism; |
| --- | --- |

30.

Welcomes the introduction of special social and environmental clauses under the Generalised System of Preferences + (GSP +), but sees the need for reinforcement of the monitoring mechanism;

| 31. | Urges the Commission to develop a coherent policy for the promotion and protection of small and marginalised producers, including Fair Trade producers, representing their views, as well as those of producers associated with other independently monitored trading initiatives contributing to raising social and environmental standards, in bilateral, regional and multilateral trade negotiations, such as the Economic Partnership Agreements; |
| --- | --- |

31.

Urges the Commission to develop a coherent policy for the promotion and protection of small and marginalised producers, including Fair Trade producers, representing their views, as well as those of producers associated with other independently monitored trading initiatives contributing to raising social and environmental standards, in bilateral, regional and multilateral trade negotiations, such as the Economic Partnership Agreements;

| 32. | Calls on the Commission to take the Fair Trade and other social and environmental trading approaches into account when formulating EU trade policy; |
| --- | --- |

32.

Calls on the Commission to take the Fair Trade and other social and environmental trading approaches into account when formulating EU trade policy;

| 33. | Instructs its President to forward this resolution to the Council and Commission as well as to the ILO, the United Nations Environment Programme, UNCTAD and the WTO. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Council and Commission as well as to the ILO, the United Nations Environment Programme, UNCTAD and the WTO.

---

(1)  OJ C 226, 20.7.1998, p. 73.

(2)  OJ C 64 E, 12.3.2004, p. 607.

(3)  OJ C 28, 3.2.2006, p. 72.

(4)  OJ L 317, 15.12.2000, p. 3.

(5)  OJ L 287, 28.10.2005, p. 4.

P6_TA(2006)0321

AIDS — Time to deliver

European Parliament resolution on HIV/AIDS: Time to Deliver

The European Parliament,

| — | having regard to the United Nations General Assembly Special Session (UNGASS) High-Level Meeting on HIV/AIDS of 2 June 2006 and the political declaration adopted at that meeting, |
| --- | --- |

—

having regard to the United Nations General Assembly Special Session (UNGASS) High-Level Meeting on HIV/AIDS of 2 June 2006 and the political declaration adopted at that meeting,

| — | having regard to the UN Declaration of Commitment on HIV/AIDS, ‘Global Crisis — Global Action’, adopted by the United Nations General Assembly on 27 June 2001, during its 26th Special Session, |
| --- | --- |

—

having regard to the UN Declaration of Commitment on HIV/AIDS, ‘Global Crisis — Global Action’, adopted by the United Nations General Assembly on 27 June 2001, during its 26th Special Session,

| — | having regard to the United Nations position paper on ‘Preventing the Transmission of HIV among Drug Abusers’, |
| --- | --- |

—

having regard to the United Nations position paper on ‘Preventing the Transmission of HIV among Drug Abusers’,

| — | having regard to the forthcoming International Conference on ‘HIV/AIDS: Time to Deliver’, to be held in Toronto in August 2006, |
| --- | --- |

—

having regard to the forthcoming International Conference on ‘HIV/AIDS: Time to Deliver’, to be held in Toronto in August 2006,

| — | having regard to the Abuja Declaration of 27 April 2001 on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, and to Africa's Common Position to the UNGASS 2006 High-Level Meeting and the Call for Accelerated Action Towards Universal Access to HIV and AIDS, Tuberculosis and Malaria Services in Africa, signed in Abuja on 4 May 2006 by the African Union, |
| --- | --- |

—

having regard to the Abuja Declaration of 27 April 2001 on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, and to Africa's Common Position to the UNGASS 2006 High-Level Meeting and the Call for Accelerated Action Towards Universal Access to HIV and AIDS, Tuberculosis and Malaria Services in Africa, signed in Abuja on 4 May 2006 by the African Union,

| — | having regard to the 2006 report by UNAIDS on the global AIDS epidemic, |
| --- | --- |

—

having regard to the 2006 report by UNAIDS on the global AIDS epidemic,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas more than 65 million people in the world have been infected with HIV, more than 25 million people have died, 15 million children have been orphaned by AIDS, and, of the 40 million people currently living with HIV, over 95 % live in the developing world, with over 70 % in Sub-Saharan Africa alone, |
| --- | --- |

A.

whereas more than 65 million people in the world have been infected with HIV, more than 25 million people have died, 15 million children have been orphaned by AIDS, and, of the 40 million people currently living with HIV, over 95 % live in the developing world, with over 70 % in Sub-Saharan Africa alone,

| B. | whereas unprotected heterosexual sex is now the single most important factor in the spread of HIV infections worldwide and half of all new HIV infections affect young people under the age of 25, |
| --- | --- |

B.

whereas unprotected heterosexual sex is now the single most important factor in the spread of HIV infections worldwide and half of all new HIV infections affect young people under the age of 25,

| C. | whereas women now represent half of all people living with AIDS and 60 % of those living with AIDS in Africa, with women being between two and four times as susceptible to catching the disease as men, |
| --- | --- |

C.

whereas women now represent half of all people living with AIDS and 60 % of those living with AIDS in Africa, with women being between two and four times as susceptible to catching the disease as men,

| D. | whereas women and girls, young people, older people, men who have sex with men, injecting and other drug users, sex workers, transgender populations, prisoners, migrant labourers, orphans, people in conflict and post-conflict situations, indigenous peoples, refugees and internally displaced persons, as well as HIV/AIDS outreach workers, are amongst the most vulnerable to HIV/AIDS and to the impact of the pandemic, |
| --- | --- |

D.

whereas women and girls, young people, older people, men who have sex with men, injecting and other drug users, sex workers, transgender populations, prisoners, migrant labourers, orphans, people in conflict and post-conflict situations, indigenous peoples, refugees and internally displaced persons, as well as HIV/AIDS outreach workers, are amongst the most vulnerable to HIV/AIDS and to the impact of the pandemic,

| E. | whereas realization of human rights and fundamental freedoms for all is essential to reduce vulnerability to HIV/AIDS, |
| --- | --- |

E.

whereas realization of human rights and fundamental freedoms for all is essential to reduce vulnerability to HIV/AIDS,

| F. | whereas many organisations that attended the 2006 UNGASS High-Level Meeting on HIV/AIDS reported and publicly denounced the fact that the political and economic interests of a few prevailed over the needs of millions of people in developing countries, resulting in a weak declaration with no clear targets or financial commitments, |
| --- | --- |

F.

whereas many organisations that attended the 2006 UNGASS High-Level Meeting on HIV/AIDS reported and publicly denounced the fact that the political and economic interests of a few prevailed over the needs of millions of people in developing countries, resulting in a weak declaration with no clear targets or financial commitments,

| G. | whereas the countries most affected by HIV and AIDS will fail to achieve the Millennium Development Goals (MDGs) and will continue to weaken, potentially threatening social stability, |
| --- | --- |

G.

whereas the countries most affected by HIV and AIDS will fail to achieve the Millennium Development Goals (MDGs) and will continue to weaken, potentially threatening social stability,

| H. | whereas the Global Fund to fight HIV/AIDS, Tuberculosis and Malaria (‘the Global Fund’), set up in January 2002, has shown impressive results to date, with more than 540 000 people living with HIV now having access to life-saving antiretroviral treatment through programmes the Fund is financing, |
| --- | --- |

H.

whereas the Global Fund to fight HIV/AIDS, Tuberculosis and Malaria (‘the Global Fund’), set up in January 2002, has shown impressive results to date, with more than 540 000 people living with HIV now having access to life-saving antiretroviral treatment through programmes the Fund is financing,

| I. | whereas the Doha Declaration placed the protection of public health above the protection of private commercial interests and confirmed the right of developing countries to use TRIPS Agreement safeguards, such as compulsory licences, to overcome patents when necessary in order to protect public health and promote access to medicines for all, |
| --- | --- |

I.

whereas the Doha Declaration placed the protection of public health above the protection of private commercial interests and confirmed the right of developing countries to use TRIPS Agreement safeguards, such as compulsory licences, to overcome patents when necessary in order to protect public health and promote access to medicines for all,

| J. | whereas the current pricing system based on companies giving voluntary discounts on medicines to developing countries does not guarantee the affordability of medicines, with some single-source drugs being too expensive even with a discount, some discounts not being available because manufacturers have not registered or are not marketing their drugs in certain countries, and some companies not offering discounts at all to middle-income countries, |
| --- | --- |

J.

whereas the current pricing system based on companies giving voluntary discounts on medicines to developing countries does not guarantee the affordability of medicines, with some single-source drugs being too expensive even with a discount, some discounts not being available because manufacturers have not registered or are not marketing their drugs in certain countries, and some companies not offering discounts at all to middle-income countries,

| 1. | Welcomes the commitment to a massive scale-up of HIV prevention, treatment and care, with the aim of coming as close as possible to the goal of universal access to treatment by 2010 for all who need it, made at the 2005 meeting of the G8 nations and the September 2005 United Nations World Summit by world leaders and reconfirmed at the 2006 High-Level meeting on AIDS; |
| --- | --- |

1.

Welcomes the commitment to a massive scale-up of HIV prevention, treatment and care, with the aim of coming as close as possible to the goal of universal access to treatment by 2010 for all who need it, made at the 2005 meeting of the G8 nations and the September 2005 United Nations World Summit by world leaders and reconfirmed at the 2006 High-Level meeting on AIDS;

| 2. | Welcomes the UNGASS declaration of 2 June 2006, in particular its references to promoting access to medicines for all, which includes production of generic antiretroviral drugs and other essential drugs for AIDS-related infections; |
| --- | --- |

2.

Welcomes the UNGASS declaration of 2 June 2006, in particular its references to promoting access to medicines for all, which includes production of generic antiretroviral drugs and other essential drugs for AIDS-related infections;

| 3. | Regrets, nevertheless, that the declaration lacks any global targets or timelines on treatment, resources and prevention, and does not provide a viable action plan to back up the goal of providing universal access for all HIV-affected people by 2010; |
| --- | --- |

3.

Regrets, nevertheless, that the declaration lacks any global targets or timelines on treatment, resources and prevention, and does not provide a viable action plan to back up the goal of providing universal access for all HIV-affected people by 2010;

| 4. | Calls on the international community to deliver on its promises during the Toronto Conference in August, and calls on the Commission and Member States to ensure that health spending in developing countries reaches levels commensurate with the political commitments made; |
| --- | --- |

4.

Calls on the international community to deliver on its promises during the Toronto Conference in August, and calls on the Commission and Member States to ensure that health spending in developing countries reaches levels commensurate with the political commitments made;

| 5. | Expresses grave concern at the fact that half of all new HIV infections occur among children and young people; |
| --- | --- |

5.

Expresses grave concern at the fact that half of all new HIV infections occur among children and young people;

| 6. | Expresses disappointment at the fact that, although a large number of infections occur due to the sharing of drug abuse needles, there are still no effective programmes in operation for providing clean needles to drug addicts in many countries, including Member States; |
| --- | --- |

6.

Expresses disappointment at the fact that, although a large number of infections occur due to the sharing of drug abuse needles, there are still no effective programmes in operation for providing clean needles to drug addicts in many countries, including Member States;

| 7. | Calls for measures to be taken to reduce the level of needlestick and medical sharp injuries received by health-care workers; |
| --- | --- |

7.

Calls for measures to be taken to reduce the level of needlestick and medical sharp injuries received by health-care workers;

| 8. | Stresses that, in order to effectively halt and reverse the spread of HIV/AIDS, it is essential to target key vulnerable groups with specific measures; |
| --- | --- |

8.

Stresses that, in order to effectively halt and reverse the spread of HIV/AIDS, it is essential to target key vulnerable groups with specific measures;

| 9. | Remains deeply concerned by the overall expansion and feminisation of the pandemic and the fact that women now represent 50 % of people living with HIV worldwide and 60 % of people living with HIV in Africa; |
| --- | --- |

9.

Remains deeply concerned by the overall expansion and feminisation of the pandemic and the fact that women now represent 50 % of people living with HIV worldwide and 60 % of people living with HIV in Africa;

| 10. | Emphasises that sexual and reproductive health rights are crucial to combating HIV/AIDS, and urges the Commission and partner countries to prioritise broad prevention strategies in Country Strategy Papers, including programmes promoting the use of condoms and HIV/AIDS education geared towards young people; |
| --- | --- |

10.

Emphasises that sexual and reproductive health rights are crucial to combating HIV/AIDS, and urges the Commission and partner countries to prioritise broad prevention strategies in Country Strategy Papers, including programmes promoting the use of condoms and HIV/AIDS education geared towards young people;

| 11. | Criticises the Commission's poor track record in development fund spending in the healthcare sector; stresses, for example, that in 2003 only 5,2 % of the EDF was earmarked for health spending and only 4 % in 2002, and deplores the fact that the Commission intends to propose that only 6 % of development funds within the new development cooperation instrument be allocated to human and social development, covering not only healthcare, HIV/AIDS, sexual and reproductive health, but all other aspects of social development, including children, education and gender programmes; |
| --- | --- |

11.

Criticises the Commission's poor track record in development fund spending in the healthcare sector; stresses, for example, that in 2003 only 5,2 % of the EDF was earmarked for health spending and only 4 % in 2002, and deplores the fact that the Commission intends to propose that only 6 % of development funds within the new development cooperation instrument be allocated to human and social development, covering not only healthcare, HIV/AIDS, sexual and reproductive health, but all other aspects of social development, including children, education and gender programmes;

| 12. | Calls on the Commission to double its budget for healthcare in developing countries within the Development Cooperation Instrument and to aim for at least 50 % of all ODA (Official Development Assistance) to be spent on achieving the Millennium Development Goals; |
| --- | --- |

12.

Calls on the Commission to double its budget for healthcare in developing countries within the Development Cooperation Instrument and to aim for at least 50 % of all ODA (Official Development Assistance) to be spent on achieving the Millennium Development Goals;

| 13. | Stresses that the Commission is one of the main donors of the Global Fund, contributing overall 522 million Euro over the period 2002-2006; calls on the Commission to consider increasing its contribution to the Fund; |
| --- | --- |

13.

Stresses that the Commission is one of the main donors of the Global Fund, contributing overall 522 million Euro over the period 2002-2006; calls on the Commission to consider increasing its contribution to the Fund;

| 14. | Recognises the importance of country ownership, calls on developing countries to prioritise health spending in general and combating HIV/AIDS in particular, and calls on the Commission to support commitments made by the developing countries in line with the Abuja commitment to spending at least 15 % of their general budget on health, and to provide incentives for partner countries in order to encourage them to prioritise health as a key sector in Country Strategy Papers; |
| --- | --- |

14.

Recognises the importance of country ownership, calls on developing countries to prioritise health spending in general and combating HIV/AIDS in particular, and calls on the Commission to support commitments made by the developing countries in line with the Abuja commitment to spending at least 15 % of their general budget on health, and to provide incentives for partner countries in order to encourage them to prioritise health as a key sector in Country Strategy Papers;

| 15. | Calls on the Commission, when appropriate and subject to strict conditions, to allow for large increases in sectoral budgetary support to health sectors, particularly to retain key health workers in developing countries, and calls for the speeding-up of the recruitment and training of health-care workers at all levels; |
| --- | --- |

15.

Calls on the Commission, when appropriate and subject to strict conditions, to allow for large increases in sectoral budgetary support to health sectors, particularly to retain key health workers in developing countries, and calls for the speeding-up of the recruitment and training of health-care workers at all levels;

| 16. | Urges the promotion, at international, regional, national and local level, of access to HIV/AIDS education, information, voluntary counselling, testing and related services, with full protection of confidentiality and informed consent, and the promotion of a social and legal environment that is supportive of and safe for voluntary disclosure of HIV status; |
| --- | --- |

16.

Urges the promotion, at international, regional, national and local level, of access to HIV/AIDS education, information, voluntary counselling, testing and related services, with full protection of confidentiality and informed consent, and the promotion of a social and legal environment that is supportive of and safe for voluntary disclosure of HIV status;

| 17. | Stresses the importance of local action and the fact that prevention, treatment and care responses need the involvement of local communities; |
| --- | --- |

17.

Stresses the importance of local action and the fact that prevention, treatment and care responses need the involvement of local communities;

| 18. | Notes that 1 January 2005 saw the implementation of the WTO's agreement on TRIPS in India, compelling India to recognise product patents on medicines; stresses that newer drugs, and particularly more expensive second-line treatments, must not be produced only by patent holders that could set a monopoly price unaffordable for developing countries; |
| --- | --- |

18.

Notes that 1 January 2005 saw the implementation of the WTO's agreement on TRIPS in India, compelling India to recognise product patents on medicines; stresses that newer drugs, and particularly more expensive second-line treatments, must not be produced only by patent holders that could set a monopoly price unaffordable for developing countries;

| 19. | Criticises bilateral and regional trade agreements which restrict, if not eliminate, the safeguards established by the Doha Declaration; stresses the need to ensure the primacy of health over commercial interests; points out the responsibility of those countries, in particular the United States, that put pressure on developing countries to sign such free-trade agreements; |
| --- | --- |

19.

Criticises bilateral and regional trade agreements which restrict, if not eliminate, the safeguards established by the Doha Declaration; stresses the need to ensure the primacy of health over commercial interests; points out the responsibility of those countries, in particular the United States, that put pressure on developing countries to sign such free-trade agreements;

| 20 | Calls on the Commission and the Member States to work with UNAIDS in its role to build on and support national efforts to set in place inclusive, transparent processes, and ambitious national targets on HIV prevention, treatment, care and support; |
| --- | --- |

20

Calls on the Commission and the Member States to work with UNAIDS in its role to build on and support national efforts to set in place inclusive, transparent processes, and ambitious national targets on HIV prevention, treatment, care and support;

| 21. | Calls for comprehensive reviews of the progress achieved in realising the Declaration of Commitment on HIV/AIDS to be undertaken in 2008 and 2011, within the annual reviews of the UN General Assembly; |
| --- | --- |

21.

Calls for comprehensive reviews of the progress achieved in realising the Declaration of Commitment on HIV/AIDS to be undertaken in 2008 and 2011, within the annual reviews of the UN General Assembly;

| 22. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN Secretary-General, UNAIDS and the World Health Organisation. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN Secretary-General, UNAIDS and the World Health Organisation.

P6_TA(2006)0322

Somalia

European Parliament resolution on Somalia

The European Parliament,

| — | having regard to its previous resolutions on the situation in Somalia, |
| --- | --- |

—

having regard to its previous resolutions on the situation in Somalia,

| — | having regard to the previous statements on Somalia made by the High Representative for Foreign and Security Policy of the Council of the Union, Mr Solana, and by Commissioner Louis Michel, |
| --- | --- |

—

having regard to the previous statements on Somalia made by the High Representative for Foreign and Security Policy of the Council of the Union, Mr Solana, and by Commissioner Louis Michel,

| — | having regard to the Memorandum of Understating signed in Brussels on 28 March 2006 by the President of Somalia, Abdullahi Yusuf Ahmed, and the President of the Commission, Manuel Barroso, the Somali Prime Minister, Ali Mohamed Ghedi, and Commissioner Louis Michel, |
| --- | --- |

—

having regard to the Memorandum of Understating signed in Brussels on 28 March 2006 by the President of Somalia, Abdullahi Yusuf Ahmed, and the President of the Commission, Manuel Barroso, the Somali Prime Minister, Ali Mohamed Ghedi, and Commissioner Louis Michel,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | concerned by the prolonged civil war in Somalia and its implications for the peace and reconciliation process in that country, as well as for the security and stability of the Horn of Africa as a whole, |
| --- | --- |

A.

concerned by the prolonged civil war in Somalia and its implications for the peace and reconciliation process in that country, as well as for the security and stability of the Horn of Africa as a whole,

| B. | whereas the militia of the Union of Islamic Courts seized control of much of southern Somalia — including the capital Mogadishu — on 4 June 2006 when they drove out the faction leaders who had controlled Mogadishu since 1991, when the central administration of Muhammad Siyad Barre was toppled, |
| --- | --- |

B.

whereas the militia of the Union of Islamic Courts seized control of much of southern Somalia — including the capital Mogadishu — on 4 June 2006 when they drove out the faction leaders who had controlled Mogadishu since 1991, when the central administration of Muhammad Siyad Barre was toppled,

| C. | whereas, unfortunately, Somalia has not had an effective national government for over 15 years and the Union of Islamic Courts has started creating radical Islamic courts with a view to taking charge in the areas it controls; whereas, however, tension persists due to clan loyalties, |
| --- | --- |

C.

whereas, unfortunately, Somalia has not had an effective national government for over 15 years and the Union of Islamic Courts has started creating radical Islamic courts with a view to taking charge in the areas it controls; whereas, however, tension persists due to clan loyalties,

| D. | whereas the United Nations Security Council has required the adoption of a National Security Plan in response to the request by the African Union for a partial lifting of the arms embargo limited to supporting the peace-keeping mission under UN mandate, |
| --- | --- |

D.

whereas the United Nations Security Council has required the adoption of a National Security Plan in response to the request by the African Union for a partial lifting of the arms embargo limited to supporting the peace-keeping mission under UN mandate,

| E. | whereas there are fears that the Union of Islamic Courts includes groups accused of having links to Al-Qaida and international terrorism, which may threaten the security of not only neighbouring countries but also the European Union and the rest of the world, |
| --- | --- |

E.

whereas there are fears that the Union of Islamic Courts includes groups accused of having links to Al-Qaida and international terrorism, which may threaten the security of not only neighbouring countries but also the European Union and the rest of the world,

| F. | whereas the Arab League initiated a dialogue in Khartoum on 22 June 2006 between the Transitional Federal Institutions and the Union of Islamic Courts in which the Transitional Federal Government recognised the ‘reality’ of the Union of Islamic Courts which, in return, recognised the ‘legality’ of the government; whereas the two parties thereby agreed not to fight each other but to continue to engage in dialogue for peace and reconciliation, |
| --- | --- |

F.

whereas the Arab League initiated a dialogue in Khartoum on 22 June 2006 between the Transitional Federal Institutions and the Union of Islamic Courts in which the Transitional Federal Government recognised the ‘reality’ of the Union of Islamic Courts which, in return, recognised the ‘legality’ of the government; whereas the two parties thereby agreed not to fight each other but to continue to engage in dialogue for peace and reconciliation,

| G. | whereas the recent meeting of the Union of Islamic Courts delegation with US officials in Khartoum has opened new prospects for confidence-building measures among the various parties, |
| --- | --- |

G.

whereas the recent meeting of the Union of Islamic Courts delegation with US officials in Khartoum has opened new prospects for confidence-building measures among the various parties,

| 1. | Strongly condemns the recent fighting in and around Mogadishu and the events in Jowhar and elsewhere in the country, which resulted in the loss of life of numerous Somali civilians and the murder of Mr Martin Adler, a Swedish freelance photographer at a pro-Union of Islamic Courts meeting; |
| --- | --- |

1.

Strongly condemns the recent fighting in and around Mogadishu and the events in Jowhar and elsewhere in the country, which resulted in the loss of life of numerous Somali civilians and the murder of Mr Martin Adler, a Swedish freelance photographer at a pro-Union of Islamic Courts meeting;

| 2. | Appeals to all parties concerned to refrain from any action likely to escalate the current tensions, to pursue the path of dialogue and to extend the necessary cooperation to the Transitional Federal Government and parliament as the legitimate central authorities in Somalia governed by the framework of the Transitional Federal Charter; |
| --- | --- |

2.

Appeals to all parties concerned to refrain from any action likely to escalate the current tensions, to pursue the path of dialogue and to extend the necessary cooperation to the Transitional Federal Government and parliament as the legitimate central authorities in Somalia governed by the framework of the Transitional Federal Charter;

| 3. | Maintains that, if the international community considers the transitional institutions to have sole legitimacy, pending the holding of free elections for Somali citizens, they must be given the necessary resources to establish the necessary institutions, such as a police force; |
| --- | --- |

3.

Maintains that, if the international community considers the transitional institutions to have sole legitimacy, pending the holding of free elections for Somali citizens, they must be given the necessary resources to establish the necessary institutions, such as a police force;

| 4. | Supports the initiatives taken by the African Union, the Arab League and the International Authority on Development (IGAD) — including the communiqué issued by the extraordinary session of the IGAD Council of Ministers held in Nairobi on 13 June 2006 — as well as their central role in the efforts aimed at sustaining the peace and reconciliation process in Somalia; |
| --- | --- |

4.

Supports the initiatives taken by the African Union, the Arab League and the International Authority on Development (IGAD) — including the communiqué issued by the extraordinary session of the IGAD Council of Ministers held in Nairobi on 13 June 2006 — as well as their central role in the efforts aimed at sustaining the peace and reconciliation process in Somalia;

| 5. | Urges the Transitional Federal Institutions and the Union of Islamic Courts to fully assume their responsibilities in the implementation of the dialogue initiated in Khartoum; |
| --- | --- |

5.

Urges the Transitional Federal Institutions and the Union of Islamic Courts to fully assume their responsibilities in the implementation of the dialogue initiated in Khartoum;

| 6. | Calls on the newly formed International Somalia Contact Group, consisting of the African Union, the United Nations, the European Union, the United States, Sweden, Norway, Italy, Tanzania and others, to focus on issues of governance and institution-building, humanitarian assistance for the whole of Somali people and improving regional stability and security as a means to greater policy coordination among members of the international community; |
| --- | --- |

6.

Calls on the newly formed International Somalia Contact Group, consisting of the African Union, the United Nations, the European Union, the United States, Sweden, Norway, Italy, Tanzania and others, to focus on issues of governance and institution-building, humanitarian assistance for the whole of Somali people and improving regional stability and security as a means to greater policy coordination among members of the international community;

| 7. | Calls on the EU, in coordination with the African Union and working closely with IGAD and the Arab League, to provide the requisite political, financial and logistical support to facilitate the peace process, including the deployment of the African Union Peace Support Mission reaffirmed by the recent African Union Summit in July 2006; |
| --- | --- |

7.

Calls on the EU, in coordination with the African Union and working closely with IGAD and the Arab League, to provide the requisite political, financial and logistical support to facilitate the peace process, including the deployment of the African Union Peace Support Mission reaffirmed by the recent African Union Summit in July 2006;

| 8. | Calls on the international community, and the EU in particular, to increase the provision of humanitarian assistance to internally displaced persons and the populations in need; |
| --- | --- |

8.

Calls on the international community, and the EU in particular, to increase the provision of humanitarian assistance to internally displaced persons and the populations in need;

| 9. | Calls on all parties concerned to respect international humanitarian law and allow relief agencies access to the populations in need, as well as to ensure the protection of humanitarian workers; |
| --- | --- |

9.

Calls on all parties concerned to respect international humanitarian law and allow relief agencies access to the populations in need, as well as to ensure the protection of humanitarian workers;

| 10. | Urges strict application and monitoring of the arms embargo against Somalia imposed by the UN in 1992, for which scant respect is shown, and insists that a partial lifting of the embargo should in no way be linked to a possible UN-mandated peace support mission; |
| --- | --- |

10.

Urges strict application and monitoring of the arms embargo against Somalia imposed by the UN in 1992, for which scant respect is shown, and insists that a partial lifting of the embargo should in no way be linked to a possible UN-mandated peace support mission;

| 11. | Instructs its President to forward this resolution to the Council, the Commission, the Secretaries-General of the UN, the African Union and IGAD, the President of the Transitional Federal Government of Somalia, the Chairman of the Union of Islamic Courts and the Pan-African Parliament. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Council, the Commission, the Secretaries-General of the UN, the African Union and IGAD, the President of the Transitional Federal Government of Somalia, the Chairman of the Union of Islamic Courts and the Pan-African Parliament.

P6_TA(2006)0323

Mauritania

European Parliament resolution on Mauritania

The European Parliament,

| — | having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (‘the Cotonou agreement’), in particular Article 96 thereof, |
| --- | --- |

—

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (‘the Cotonou agreement’), in particular Article 96 thereof,

| — | having regard to the ACP-EU Joint Parliamentary Assembly's resolution on the situation in West Africa (1), adopted in Edinburgh (United Kingdom) on 24 November 2005, |
| --- | --- |

—

having regard to the ACP-EU Joint Parliamentary Assembly's resolution on the situation in West Africa (1), adopted in Edinburgh (United Kingdom) on 24 November 2005,

| — | having regard to the 24 undertakings given by the Islamic Republic of Mauritania during the consultations with the ACP on the Islamic Republic of Mauritania pursuant to Article 96 of the Cotonou Agreement (Brussels, 30 November 2005), |
| --- | --- |

—

having regard to the 24 undertakings given by the Islamic Republic of Mauritania during the consultations with the ACP on the Islamic Republic of Mauritania pursuant to Article 96 of the Cotonou Agreement (Brussels, 30 November 2005),

| — | having regard to the report of the ACP-EU Joint Parliamentary Assembly's information and study mission to Mauritania from 23 to 27 February 2006, |
| --- | --- |

—

having regard to the report of the ACP-EU Joint Parliamentary Assembly's information and study mission to Mauritania from 23 to 27 February 2006,

| — | having regard to the report of the working party of its delegation for relations with the Maghreb countries and the Arab Maghreb Union (including Libya), which visited Mauritania from 3 to 5 May 2006, |
| --- | --- |

—

having regard to the report of the working party of its delegation for relations with the Maghreb countries and the Arab Maghreb Union (including Libya), which visited Mauritania from 3 to 5 May 2006,

| — | having regard to the decision of the Peace and Security Council (PSC) of the African Union (AU) of 21 June 2006, |
| --- | --- |

—

having regard to the decision of the Peace and Security Council (PSC) of the African Union (AU) of 21 June 2006,

| — | having regard to the Declaration by the Presidency, on behalf of the European Union, on the referendum in Mauritania of 28 June 2006, |
| --- | --- |

—

having regard to the Declaration by the Presidency, on behalf of the European Union, on the referendum in Mauritania of 28 June 2006,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas the former President Ould Taya was overthrown on 3 August 2005 without any bloodshed, |
| --- | --- |

A.

whereas the former President Ould Taya was overthrown on 3 August 2005 without any bloodshed,

| B. | whereas the Military Council for Justice and Democracy (MCJD) declared its willingness to put an end to the former regime's totalitarian practices and undertook to restore democracy in Mauritania, |
| --- | --- |

B.

whereas the Military Council for Justice and Democracy (MCJD) declared its willingness to put an end to the former regime's totalitarian practices and undertook to restore democracy in Mauritania,

| C. | having regard to the consensus that has emerged among the political parties and civil society in support of the current process, |
| --- | --- |

C.

having regard to the consensus that has emerged among the political parties and civil society in support of the current process,

| D. | having regard to the setting up of the National Independent Electoral Commission (CENI) and the adoption of a an electoral timetable for a constitutional referendum, as well as general, municipal and presidential elections, |
| --- | --- |

D.

having regard to the setting up of the National Independent Electoral Commission (CENI) and the adoption of a an electoral timetable for a constitutional referendum, as well as general, municipal and presidential elections,

| E. | whereas the transitional authorities have so far kept their promises as regards the timetable for elections, in particular the holding of an electoral census (RAVEL), which was completed on 30 April 2006, |
| --- | --- |

E.

whereas the transitional authorities have so far kept their promises as regards the timetable for elections, in particular the holding of an electoral census (RAVEL), which was completed on 30 April 2006,

| F. | whereas there was a turnout of 76.36 % in the referendum of 25 June 2006 and 96.96 % of the electorate voted in favour of constitutional changes, |
| --- | --- |

F.

whereas there was a turnout of 76.36 % in the referendum of 25 June 2006 and 96.96 % of the electorate voted in favour of constitutional changes,

| G. | whereas, however, large sections of the Mauritanian population were unable to prove their identity in order to obtain a polling card in accordance with electoral law, which requires a copy of the birth certificate of parents and grandparents, |
| --- | --- |

G.

whereas, however, large sections of the Mauritanian population were unable to prove their identity in order to obtain a polling card in accordance with electoral law, which requires a copy of the birth certificate of parents and grandparents,

| H. | whereas a large number of citizens were unable to obtain their papers and were thus unable to vote on 25 June 2006, both in view of the material conditions and because the elections were held at very short notice, |
| --- | --- |

H.

whereas a large number of citizens were unable to obtain their papers and were thus unable to vote on 25 June 2006, both in view of the material conditions and because the elections were held at very short notice,

| I. | having regard to the abolition, ascertained in practice, of media censorship, |
| --- | --- |

I.

having regard to the abolition, ascertained in practice, of media censorship,

| J. | whereas the oil extraction began in April 2006 and a new agreement on oil was concluded between the Mauritanian transitional government and the Australian company Woodside at the beginning of June 2006, |
| --- | --- |

J.

whereas the oil extraction began in April 2006 and a new agreement on oil was concluded between the Mauritanian transitional government and the Australian company Woodside at the beginning of June 2006,

| K. | having regard to the undertakings given by the transitional authorities to combat corruption and to comply with international agreements on the subject, |
| --- | --- |

K.

having regard to the undertakings given by the transitional authorities to combat corruption and to comply with international agreements on the subject,

| L. | having regard to the substantial numbers of migrants departing for Europe from the coast of Mauritania, |
| --- | --- |

L.

having regard to the substantial numbers of migrants departing for Europe from the coast of Mauritania,

| M. | whereas the fisheries agreement between the European Union and Mauritania will expire on 31 July 2006, |
| --- | --- |

M.

whereas the fisheries agreement between the European Union and Mauritania will expire on 31 July 2006,

| 1. | Notes with satisfaction the transitional authorities' undertaking to establish democracy in Mauritania; encourages them to conduct this process in full compliance with the undertakings given and stresses that it will carefully monitor the progress of the process until its completion; |
| --- | --- |

1.

Notes with satisfaction the transitional authorities' undertaking to establish democracy in Mauritania; encourages them to conduct this process in full compliance with the undertakings given and stresses that it will carefully monitor the progress of the process until its completion;

| 2. | Welcomes the successful conduct of the referendum of 25 June 2006, appreciated by the international observers present, and stresses that the massive number of Mauritanians voting in favour of the new Constitution marks a decisive stage in the process of democratic transition and demonstrates the population's determination to build a true democracy and a constitutional State; |
| --- | --- |

2.

Welcomes the successful conduct of the referendum of 25 June 2006, appreciated by the international observers present, and stresses that the massive number of Mauritanians voting in favour of the new Constitution marks a decisive stage in the process of democratic transition and demonstrates the population's determination to build a true democracy and a constitutional State;

| 3. | Urges that all Mauritanians should be able to obtain papers so that they may vote in the forthcoming elections; |
| --- | --- |

3.

Urges that all Mauritanians should be able to obtain papers so that they may vote in the forthcoming elections;

| 4. | Recommends that everything be done to ensure that Mauritanians abroad are able to vote in future elections; |
| --- | --- |

4.

Recommends that everything be done to ensure that Mauritanians abroad are able to vote in future elections;

| 5. | Welcomes the fact that the dynamic forces in the country — political parties and civil society — believe, overall, in the sincerity of those involved in the transition process; |
| --- | --- |

5.

Welcomes the fact that the dynamic forces in the country — political parties and civil society — believe, overall, in the sincerity of those involved in the transition process;

| 6. | Welcomes the adoption of a timetable for holding a referendum on the Constitution and general, municipal and presidential elections and calls on the authorities to abide by this timetable; |
| --- | --- |

6.

Welcomes the adoption of a timetable for holding a referendum on the Constitution and general, municipal and presidential elections and calls on the authorities to abide by this timetable;

| 7. | Welcomes the setting up of CENI, whose task will be to carry out the census of the electorate (RAVEL) and organise the forthcoming elections; |
| --- | --- |

7.

Welcomes the setting up of CENI, whose task will be to carry out the census of the electorate (RAVEL) and organise the forthcoming elections;

| 8. | Calls on the MCJD, the transitional government and CENI to decide to complete the census and the distribution of polling cards between the referendum and the elections, in order to bridge the gulf between the 1995 census and the current electoral roll, including the acceptance of the evidence of witnesses as a means of proving the identity of refugees who have returned to the country, and in this context welcomes the open-mindedness shown by the chair of CENI in Brussels on 30 May 2005; |
| --- | --- |

8.

Calls on the MCJD, the transitional government and CENI to decide to complete the census and the distribution of polling cards between the referendum and the elections, in order to bridge the gulf between the 1995 census and the current electoral roll, including the acceptance of the evidence of witnesses as a means of proving the identity of refugees who have returned to the country, and in this context welcomes the open-mindedness shown by the chair of CENI in Brussels on 30 May 2005;

| 9. | Notes that a large number of political parties have been created since 3 August 2005 and observes that they tend to group together in coalitions; encourages the drawing-up of electoral platforms that make practical proposals to improve the economic and social situation in the country; |
| --- | --- |

9.

Notes that a large number of political parties have been created since 3 August 2005 and observes that they tend to group together in coalitions; encourages the drawing-up of electoral platforms that make practical proposals to improve the economic and social situation in the country;

| 10. | Recommends that political parties be funded on the basis of their representation in the municipal elections, in which proportional representation makes it easier to take account of the country's diversity, and suggests that part of the funding should take the form of material aid, in order to enable the political parties to take part in the election campaign under favourable conditions; |
| --- | --- |

10.

Recommends that political parties be funded on the basis of their representation in the municipal elections, in which proportional representation makes it easier to take account of the country's diversity, and suggests that part of the funding should take the form of material aid, in order to enable the political parties to take part in the election campaign under favourable conditions;

| 11. | Welcomes the transitional authorities' agreement in principle to allow the return of refugees, but notes with concern that in practice the right has been exercised to only a small extent for two reasons: the inadequate financial means of those concerned and the fact that many of them are unable to prove that they have Mauritanian nationality; |
| --- | --- |

11.

Welcomes the transitional authorities' agreement in principle to allow the return of refugees, but notes with concern that in practice the right has been exercised to only a small extent for two reasons: the inadequate financial means of those concerned and the fact that many of them are unable to prove that they have Mauritanian nationality;

| 12. | Calls, therefore, on the transitional authorities to consider seriously opening up polling stations for Mauritanians in embassies abroad and in the refugee camps in Mali and Senegal for the general and presidential elections; |
| --- | --- |

12.

Calls, therefore, on the transitional authorities to consider seriously opening up polling stations for Mauritanians in embassies abroad and in the refugee camps in Mali and Senegal for the general and presidential elections;

| 13. | Notes the decision to reserve 20 % of the list of candidates for women and recognises that this decision constitutes progress compared with the previous situation; nevertheless fears that in practice this rule will be ineffective if the parties put female candidates in constituencies that are bound to be lost or place ineligible ones on the lists of candidates; |
| --- | --- |

13.

Notes the decision to reserve 20 % of the list of candidates for women and recognises that this decision constitutes progress compared with the previous situation; nevertheless fears that in practice this rule will be ineffective if the parties put female candidates in constituencies that are bound to be lost or place ineligible ones on the lists of candidates;

| 14. | Calls on the Commission to decide to send a European Union Election Observation Mission (EUEOM); |
| --- | --- |

14.

Calls on the Commission to decide to send a European Union Election Observation Mission (EUEOM);

| 15. | Welcomes the abolition, ascertained in practice, of media censorship; |
| --- | --- |

15.

Welcomes the abolition, ascertained in practice, of media censorship;

| 16. | Welcomes the freedom of expression enjoyed by representatives of political parties and civil society in Mauritania, which augurs well for a real and dynamic democracy; |
| --- | --- |

16.

Welcomes the freedom of expression enjoyed by representatives of political parties and civil society in Mauritania, which augurs well for a real and dynamic democracy;

| 17. | Calls on the MCJD and the transitional government — whilst recognising that they cannot solve all the problems of the past — to focus on the humanitarian deficit, refugees and the legacy of slavery, as well as the impunity of perpetrators of economic crime; |
| --- | --- |

17.

Calls on the MCJD and the transitional government — whilst recognising that they cannot solve all the problems of the past — to focus on the humanitarian deficit, refugees and the legacy of slavery, as well as the impunity of perpetrators of economic crime;

| 18. | Welcomes the undertaking given by the members of the MCJD not to stand in the forthcoming elections; |
| --- | --- |

18.

Welcomes the undertaking given by the members of the MCJD not to stand in the forthcoming elections;

| 19. | Calls on the current and future Mauritanian authorities to tackle the question of inequality in the distribution of wealth and to bring a minimum of social justice to Mauritania; |
| --- | --- |

19.

Calls on the current and future Mauritanian authorities to tackle the question of inequality in the distribution of wealth and to bring a minimum of social justice to Mauritania;

| 20. | Welcomes the ending of the consultations pursuant to the new Article 96 of the Cotonou Agreement and the full resumption of cooperation between the European Union and the Islamic Republic of Mauritania, and the fact that the Islamic Republic of Mauritania will thus not have been penalised by the events of 3 August 2005; |
| --- | --- |

20.

Welcomes the ending of the consultations pursuant to the new Article 96 of the Cotonou Agreement and the full resumption of cooperation between the European Union and the Islamic Republic of Mauritania, and the fact that the Islamic Republic of Mauritania will thus not have been penalised by the events of 3 August 2005;

| 21. | Calls on the Mauritanian authorities to exploit the new oil resources to meet the needs of the population, especially in the fields of health and education; |
| --- | --- |

21.

Calls on the Mauritanian authorities to exploit the new oil resources to meet the needs of the population, especially in the fields of health and education;

| 22. | Welcomes the transitional authorities' commitment to implementing the principles of the Extractive Industries Transparency Initiative; |
| --- | --- |

22.

Welcomes the transitional authorities' commitment to implementing the principles of the Extractive Industries Transparency Initiative;

| 23. | Welcomes the commitment made by the transitional government to combat corruption and to ratify international agreements on the subject; |
| --- | --- |

23.

Welcomes the commitment made by the transitional government to combat corruption and to ratify international agreements on the subject;

| 24. | Welcomes the Mauritanian authorities' determination to combat illegal immigration, which has made it possible to conclude important agreements between the EU and Mauritania, including the Atlantis project, cofinanced by the Commission, which establishes collaboration between EU Member States and Mauritania in the monitoring of Mauritania's coast by joint Spanish-Mauritanian patrols; |
| --- | --- |

24.

Welcomes the Mauritanian authorities' determination to combat illegal immigration, which has made it possible to conclude important agreements between the EU and Mauritania, including the Atlantis project, cofinanced by the Commission, which establishes collaboration between EU Member States and Mauritania in the monitoring of Mauritania's coast by joint Spanish-Mauritanian patrols;

| 25. | Calls on the Commission and the Mauritanian authorities to conclude the fisheries agreement negotiations on time and to devise an adequate policy to protect fish resources and preserve the marine and terrestrial biodiversity of the Arguin Bank in the vicinity of the extraction sites; |
| --- | --- |

25.

Calls on the Commission and the Mauritanian authorities to conclude the fisheries agreement negotiations on time and to devise an adequate policy to protect fish resources and preserve the marine and terrestrial biodiversity of the Arguin Bank in the vicinity of the extraction sites;

| 26. | Instructs its President to forward this resolution to the Council and the Commission, the MCJD, the transitional government of the Islamic Republic of Mauritania, the ACP-EU Joint Parliamentary Assembly and the Pan-African Parliament. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council and the Commission, the MCJD, the transitional government of the Islamic Republic of Mauritania, the ACP-EU Joint Parliamentary Assembly and the Pan-African Parliament.

---

(1)  OJ C 136, 9.6.2006, p. 26.

P6_TA(2006)0324

Freedom of expression on the Internet

European Parliament resolution on freedom of expression on the Internet

The European Parliament,

| — | having regard to its previous annual resolutions on the situation of human rights in the world, |
| --- | --- |

—

having regard to its previous annual resolutions on the situation of human rights in the world,

| — | having regard to its previous resolutions on human rights and freedom of the press and on the evaluation of the World Summit on the Information Society held in Tunisia in December 2005, |
| --- | --- |

—

having regard to its previous resolutions on human rights and freedom of the press and on the evaluation of the World Summit on the Information Society held in Tunisia in December 2005,

| — | having regard to Article 19 of the Universal Declaration of Human Rights, |
| --- | --- |

—

having regard to Article 19 of the Universal Declaration of Human Rights,

| — | having regard to Article 10 of the European Convention on Human Rights, |
| --- | --- |

—

having regard to Article 10 of the European Convention on Human Rights,

| — | having regard to the EU Guidelines on Human Rights Dialogue (2001) and on Human Rights Defenders (2004) and their first evaluation under Austrian Presidency, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Dialogue (2001) and on Human Rights Defenders (2004) and their first evaluation under Austrian Presidency,

| — | having regard to the Declaration of Principles adopted by the World Summit on the Information Society on 12 December 2003, |
| --- | --- |

—

having regard to the Declaration of Principles adopted by the World Summit on the Information Society on 12 December 2003,

| — | having regard to the Joint Declaration of 21 December 2005 by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression, |
| --- | --- |

—

having regard to the Joint Declaration of 21 December 2005 by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression,

| — | having regards to the EU policy on human rights and democratisation in third countries adopted by the Council in December 2005, |
| --- | --- |

—

having regards to the EU policy on human rights and democratisation in third countries adopted by the Council in December 2005,

| — | having regard to the European Initiative for Democracy and Human Rights (EIDHR), |
| --- | --- |

—

having regard to the European Initiative for Democracy and Human Rights (EIDHR),

| — | having regard to Rule 115 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115 of its Rules of Procedure,

| A. | whereas Article 19 of the Universal Declaration of Human Rights states that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers; |
| --- | --- |

A.

whereas Article 19 of the Universal Declaration of Human Rights states that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers;

| B. | welcoming the statement of the World Summit in Tunis of 16-18 November 2005 on the primary importance of the information society for democracy and respect for human rights and fundamental freedoms; in particular the freedom of expression and opinion, as well as the freedom to receive and access information; |
| --- | --- |

B.

welcoming the statement of the World Summit in Tunis of 16-18 November 2005 on the primary importance of the information society for democracy and respect for human rights and fundamental freedoms; in particular the freedom of expression and opinion, as well as the freedom to receive and access information;

| C. | whereas the fight for freedom of expression has today largely shifted on-line as the Internet has become a mean of expression of choice for political dissidents, democracy activists, human rights defenders and independent journalists worldwide; |
| --- | --- |

C.

whereas the fight for freedom of expression has today largely shifted on-line as the Internet has become a mean of expression of choice for political dissidents, democracy activists, human rights defenders and independent journalists worldwide;

| D. | whereas access to the Internet can strengthen democracy and contribute to a country's economic and social development and restricting such access is incompatible with the right to freedom of expression; |
| --- | --- |

D.

whereas access to the Internet can strengthen democracy and contribute to a country's economic and social development and restricting such access is incompatible with the right to freedom of expression;

| E. | whereas restrictions should only exist in cases of using the Internet for illegal activities, such as incitement to hatred, violence and racism, totalitarian propaganda and children's access to pornography or their sexual exploitation; |
| --- | --- |

E.

whereas restrictions should only exist in cases of using the Internet for illegal activities, such as incitement to hatred, violence and racism, totalitarian propaganda and children's access to pornography or their sexual exploitation;

| F. | whereas, according to Reporters Without Borders, authoritarian regimes and governments have been working on ever more far-reaching methods of controlling the Internet, chiefly using more and more sophisticated filtering technology and surveillance of electronic communications and setting-up cyber-police; |
| --- | --- |

F.

whereas, according to Reporters Without Borders, authoritarian regimes and governments have been working on ever more far-reaching methods of controlling the Internet, chiefly using more and more sophisticated filtering technology and surveillance of electronic communications and setting-up cyber-police;

| G. | whereas, according to human rights organisations, a large number of cyber-dissidents are detained in prison — most of them in China — including Hao Wu, Chinese blogger and documentary filmmaker, Yang Zili, Chinese cyber-dissident, Shi Tao, Chinese journalist at the daily Dangdai Shangbao, Motjaba Saminejad, Iranian blogger, Mohammed Abbou, Tunisian lawyer, Pham Hong Son, Vietnamese doctor and Habib Saleh, Syrian online journalist; whereas the most recent cases concern the Egyptian bloggers Mohamed Sharkawy and Karim Lel-shaer; |
| --- | --- |

G.

whereas, according to human rights organisations, a large number of cyber-dissidents are detained in prison — most of them in China — including Hao Wu, Chinese blogger and documentary filmmaker, Yang Zili, Chinese cyber-dissident, Shi Tao, Chinese journalist at the daily Dangdai Shangbao, Motjaba Saminejad, Iranian blogger, Mohammed Abbou, Tunisian lawyer, Pham Hong Son, Vietnamese doctor and Habib Saleh, Syrian online journalist; whereas the most recent cases concern the Egyptian bloggers Mohamed Sharkawy and Karim Lel-shaer;

| H. | whereas a number of countries can be seen as enemies of freedom of expression on-line as stated in the last Reporters Without Borders report, including China, Belarus, Burma, Cuba, Iran, Libya, Maldives, Nepal, North Korea, Uzbekistan, Saudi Arabia, Syria, Tunisia, Turkmenistan and Vietnam; |
| --- | --- |

H.

whereas a number of countries can be seen as enemies of freedom of expression on-line as stated in the last Reporters Without Borders report, including China, Belarus, Burma, Cuba, Iran, Libya, Maldives, Nepal, North Korea, Uzbekistan, Saudi Arabia, Syria, Tunisia, Turkmenistan and Vietnam;

| I. | whereas companies based in democratic States partly provide these countries the means to censor the web and to monitor electronic communication; |
| --- | --- |

I.

whereas companies based in democratic States partly provide these countries the means to censor the web and to monitor electronic communication;

| J. | whereas Chinese government has successfully persuaded companies such as Yahoo, Google and Microsoft to facilitate the censorship of their services in the Chinese internet market; also notes that other governments have required the means for censorship from other companies; |
| --- | --- |

J.

whereas Chinese government has successfully persuaded companies such as Yahoo, Google and Microsoft to facilitate the censorship of their services in the Chinese internet market; also notes that other governments have required the means for censorship from other companies;

| K. | whereas equipment and technologies supplied by Western companies such as CISCO Systems, Telecom Italia, Wanadoo, a subsidiary of France Telecom have been used by governments for the purpose of censoring the Internet preventing freedom of expression; |
| --- | --- |

K.

whereas equipment and technologies supplied by Western companies such as CISCO Systems, Telecom Italia, Wanadoo, a subsidiary of France Telecom have been used by governments for the purpose of censoring the Internet preventing freedom of expression;

| L. | whereas US legislators introduced a bill in February 2006, the Global On-line Freedom Act, aimed at regulating the activities of Internet businesses when they operate in repressive countries; |
| --- | --- |

L.

whereas US legislators introduced a bill in February 2006, the Global On-line Freedom Act, aimed at regulating the activities of Internet businesses when they operate in repressive countries;

| M. | whereas the EU should demonstrate that the rights of Internet users are at the heart of its concerns and that it is ready to act to promote free speech on-line; |
| --- | --- |

M.

whereas the EU should demonstrate that the rights of Internet users are at the heart of its concerns and that it is ready to act to promote free speech on-line;

| 1. | Reaffirms the fact that freedom of expression is a key value shared by all EU countries and that they have to take concrete steps to defend it; |
| --- | --- |

1.

Reaffirms the fact that freedom of expression is a key value shared by all EU countries and that they have to take concrete steps to defend it;

| 2. | Calls, in this respect, on the Council and the EU Member States to agree on a joint statement confirming their commitment in favour of the protection of the rights of internet users and of the promotion of free expression on the internet world-wide; |
| --- | --- |

2.

Calls, in this respect, on the Council and the EU Member States to agree on a joint statement confirming their commitment in favour of the protection of the rights of internet users and of the promotion of free expression on the internet world-wide;

| 3. | Reiterates its commitment to the principles which were confirmed at the Tunis Summit, viz.:






  — | building the information society on the basis of human rights and fundamental freedoms, |
| --- | --- | --- |

3.

Reiterates its commitment to the principles which were confirmed at the Tunis Summit, viz.:

—

building the information society on the basis of human rights and fundamental freedoms,

| — | combating the digital divide and seeking resources for action plans to foster development, |
| --- | --- |

—

combating the digital divide and seeking resources for action plans to foster development,

| — | developing Internet governance arrangements which are more balanced, pluralist and representative of the States involved, to meet the new technological challenges (spamming, data protection, etc.); |
| --- | --- |

—

developing Internet governance arrangements which are more balanced, pluralist and representative of the States involved, to meet the new technological challenges (spamming, data protection, etc.);

| 4. | Strongly condemns restrictions on Internet content, whether they apply to the dissemination or to the receipt of information, that are imposed by Governments and are not in strict conformity with the guarantee of freedom of expression; strongly condemns the harassment and imprisonment of journalists and others who are expressing their opinions on the Internet; calls, in this respect, on the Council and the Commission to take all necessary measures vis-à-vis the authorities of the concerned countries for the immediate release of all detained Internet users; |
| --- | --- |

4.

Strongly condemns restrictions on Internet content, whether they apply to the dissemination or to the receipt of information, that are imposed by Governments and are not in strict conformity with the guarantee of freedom of expression; strongly condemns the harassment and imprisonment of journalists and others who are expressing their opinions on the Internet; calls, in this respect, on the Council and the Commission to take all necessary measures vis-à-vis the authorities of the concerned countries for the immediate release of all detained Internet users;

| 5. | Calls on the Commission and the Council to draw up a voluntary code of conduct that would put limits on the activities of companies in repressive countries; |
| --- | --- |

5.

Calls on the Commission and the Council to draw up a voluntary code of conduct that would put limits on the activities of companies in repressive countries;

| 6. | Calls on the Commission and the Council to maintain the presence and active participation of the EU and the presentation of common positions especially with ECOSOC, ITU, UNESCO and UNDP; |
| --- | --- |

6.

Calls on the Commission and the Council to maintain the presence and active participation of the EU and the presentation of common positions especially with ECOSOC, ITU, UNESCO and UNDP;

| 7. | Calls on the Council and the Commission when considering its assistance programmes to third countries to take into account the need for unrestricted Internet access by their citizens; |
| --- | --- |

7.

Calls on the Council and the Commission when considering its assistance programmes to third countries to take into account the need for unrestricted Internet access by their citizens;

| 8. | Welcomes the Joint Investor Statement on Freedom of Expression and the Internet at the initiative of Reporters Without Borders; stresses that corporations which provide Internet searching, chat, publishing or other services should have a responsibility to ensure that the rights of users are respected; |
| --- | --- |

8.

Welcomes the Joint Investor Statement on Freedom of Expression and the Internet at the initiative of Reporters Without Borders; stresses that corporations which provide Internet searching, chat, publishing or other services should have a responsibility to ensure that the rights of users are respected;

| 9. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

9.

Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States.

P6_TA(2006)0325

Origin marking

European Parliament resolution on origin marking

The European Parliament,

| — | having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1),

| — | having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (2), |
| --- | --- |

—

having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (2),

| — | having regard to Article IX and Article XXIV:5 of the General Agreement on Tariffs and Trade (GATT 1994), |
| --- | --- |

—

having regard to Article IX and Article XXIV:5 of the General Agreement on Tariffs and Trade (GATT 1994),

| — | having regard to its resolution of 13 October 2005 on prospects for trade relations between the EU and China (3), |
| --- | --- |

—

having regard to its resolution of 13 October 2005 on prospects for trade relations between the EU and China (3),

| — | having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4) and to Commission Regulation (EEC) No 2454/93 of 2 July 1993 (5) setting up, inter alia, the European Community's non-preferential rules of origin system, |
| --- | --- |

—

having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4) and to Commission Regulation (EEC) No 2454/93 of 2 July 1993 (5) setting up, inter alia, the European Community's non-preferential rules of origin system,

| — | having regard to Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty (6), |
| --- | --- |

—

having regard to Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty (6),

| — | having regard to the Commission Communication on the future of the textiles and clothing sector in the enlarged European Union (COM(2003)0649), |
| --- | --- |

—

having regard to the Commission Communication on the future of the textiles and clothing sector in the enlarged European Union (COM(2003)0649),

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas, at present, the EU does not have any harmonised provisions or uniform practices on origin marking in the EU; whereas disparities between regulations in force in the Member States as well as the absence of clear Community rules in this area result in a fragmentary legal framework, |
| --- | --- |

A.

whereas, at present, the EU does not have any harmonised provisions or uniform practices on origin marking in the EU; whereas disparities between regulations in force in the Member States as well as the absence of clear Community rules in this area result in a fragmentary legal framework,

| B. | whereas national measures imposing compulsory origin marking on goods imported from other Member States are prohibited, while there is no such limitation on compulsory origin marking on goods imported from third countries, |
| --- | --- |

B.

whereas national measures imposing compulsory origin marking on goods imported from other Member States are prohibited, while there is no such limitation on compulsory origin marking on goods imported from third countries,

| C. | whereas, in the Lisbon Agenda, the EU set itself the objective of strengthening the EU economy by, inter alia, improving the competitiveness of EU industry in the world economy; whereas, for certain categories of consumer goods, competitiveness may lie in the fact that their production in the EU is associated with a reputation for quality and high production standards, |
| --- | --- |

C.

whereas, in the Lisbon Agenda, the EU set itself the objective of strengthening the EU economy by, inter alia, improving the competitiveness of EU industry in the world economy; whereas, for certain categories of consumer goods, competitiveness may lie in the fact that their production in the EU is associated with a reputation for quality and high production standards,

| D. | whereas an origin-marking scheme would have the aim of allowing EU consumers to be fully aware of the country of origin of the products they purchase; whereas consumers would thus be able to identify those products with the social, environmental and safety standards generally associated with that country, |
| --- | --- |

D.

whereas an origin-marking scheme would have the aim of allowing EU consumers to be fully aware of the country of origin of the products they purchase; whereas consumers would thus be able to identify those products with the social, environmental and safety standards generally associated with that country,

| E. | whereas the proposal introducing a mandatory country of origin marking system in the EU is restricted to a limited number of imported products such as textiles, jewellery, apparel, footwear, leather, lamps and light fittings, glassware, ceramics and handbags, for which the ‘made in’ requirement provides valuable information for final consumer choice, |
| --- | --- |

E.

whereas the proposal introducing a mandatory country of origin marking system in the EU is restricted to a limited number of imported products such as textiles, jewellery, apparel, footwear, leather, lamps and light fittings, glassware, ceramics and handbags, for which the ‘made in’ requirement provides valuable information for final consumer choice,

| F. | whereas a number of the EU's major trading partners, such as the United States, China, Japan and Canada, have enacted mandatory origin-marking requirements, |
| --- | --- |

F.

whereas a number of the EU's major trading partners, such as the United States, China, Japan and Canada, have enacted mandatory origin-marking requirements,

| G. | whereas it is crucial to ensure that a level playing-field is restored with such trade partners, |
| --- | --- |

G.

whereas it is crucial to ensure that a level playing-field is restored with such trade partners,

| H. | whereas increased awareness on the part of consumers, making EU products more attractive, would particularly benefit SMEs and sectors exposed to global competition, |
| --- | --- |

H.

whereas increased awareness on the part of consumers, making EU products more attractive, would particularly benefit SMEs and sectors exposed to global competition,

| I. | whereas the Framework Agreement of 26 May 2005 on relations between the European Parliament and the Commission obliges the Commission to keep Parliament fully and promptly informed about its legislative proposals, |
| --- | --- |

I.

whereas the Framework Agreement of 26 May 2005 on relations between the European Parliament and the Commission obliges the Commission to keep Parliament fully and promptly informed about its legislative proposals,

| 1. | Notes the proposal for a Council Regulation introducing compulsory indication of the country of origin of certain products imported from third countries into the European Union (‘origin marking’); |
| --- | --- |

1.

Notes the proposal for a Council Regulation introducing compulsory indication of the country of origin of certain products imported from third countries into the European Union (‘origin marking’);

| 2. | Deplores the fact that, despite the Commission and the Council's being fully aware of the importance that Parliament attaches to origin marking, the Commission did not formally send the proposed regulation to Parliament for information; understands that this proposal does not legally require Parliament to be consulted; insists, however, that Parliament should always be given the opportunity to express its views on any relevant initiative taken by other Community institutions in a timely manner; |
| --- | --- |

2.

Deplores the fact that, despite the Commission and the Council's being fully aware of the importance that Parliament attaches to origin marking, the Commission did not formally send the proposed regulation to Parliament for information; understands that this proposal does not legally require Parliament to be consulted; insists, however, that Parliament should always be given the opportunity to express its views on any relevant initiative taken by other Community institutions in a timely manner;

| 3. | Insists on the Commission's obligation to ensure the involvement of Parliament, in accordance with the above-mentioned Framework Agreement, in such a way as to take Parliament's views into account as far as possible; |
| --- | --- |

3.

Insists on the Commission's obligation to ensure the involvement of Parliament, in accordance with the above-mentioned Framework Agreement, in such a way as to take Parliament's views into account as far as possible;

| 4. | Calls on the Commission and the Council to inform Parliament without delay about the results of any further impact assessment and legal analysis carried out, in particular with respect to the alleged inconsistencies of the proposed regulation with existing Community legislation and WTO rules; |
| --- | --- |

4.

Calls on the Commission and the Council to inform Parliament without delay about the results of any further impact assessment and legal analysis carried out, in particular with respect to the alleged inconsistencies of the proposed regulation with existing Community legislation and WTO rules;

| 5. | Calls on the Commission and the Council to place special emphasis on promoting the image of EU industry inside and outside the Community, safeguarding its identity and specificity, and ensuring that the overall good reputation of the Community's industry and the image and attractiveness of high value EU products is not tarnished by inaccurate or misleading indications of origin; |
| --- | --- |

5.

Calls on the Commission and the Council to place special emphasis on promoting the image of EU industry inside and outside the Community, safeguarding its identity and specificity, and ensuring that the overall good reputation of the Community's industry and the image and attractiveness of high value EU products is not tarnished by inaccurate or misleading indications of origin;

| 6. | Stresses that consumer protection requires transparent and consistent trade rules including, inter alia, indications of origin; |
| --- | --- |

6.

Stresses that consumer protection requires transparent and consistent trade rules including, inter alia, indications of origin;

| 7. | Calls on the Commission and the Council to take all necessary steps to ensure a level playing-field with trading partners which have implemented origin-marking requirements; |
| --- | --- |

7.

Calls on the Commission and the Council to take all necessary steps to ensure a level playing-field with trading partners which have implemented origin-marking requirements;

| 8. | Calls on the Commission and the Council to set up proper customs surveillance and enforcement mechanisms; |
| --- | --- |

8.

Calls on the Commission and the Council to set up proper customs surveillance and enforcement mechanisms;

| 9. | Urges Member States to maintain a consistent Community approach to this issue to enable EU consumers to receive more complete and accurate information; |
| --- | --- |

9.

Urges Member States to maintain a consistent Community approach to this issue to enable EU consumers to receive more complete and accurate information;

| 10. | Encourages the Commission to strongly intervene, together with the Member States, to defend consumers' legitimate rights and expectations whenever there is evidence of counterfeiting and/or use of fraudulent or misleading origin markings by non-EU producers and importers; |
| --- | --- |

10.

Encourages the Commission to strongly intervene, together with the Member States, to defend consumers' legitimate rights and expectations whenever there is evidence of counterfeiting and/or use of fraudulent or misleading origin markings by non-EU producers and importers;

| 11. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

11.

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

---

(1)  OJ L 169, 30.6.2005, p. 1.

(2)  OJ L 149, 11.6.2005, p. 22.

(3)  Texts adopted, P6_TA(2005)0381.

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

(5)  OJ L 253, 11.10.1993, p. 1.

(6)  OJ L 105, 23.4.1983, p. 1.

---

13.12.2006

| 13.12.2006 | EN | Official Journal of the European Union | CE 303/s19 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

CE 303/s19

---

Key to symbols used

| * | Consultation procedure |
| --- | --- |
| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission)

Information relating to voting time

Unless stated otherwise, the rapporteurs informed the Chair in writing, before the vote, of their position on the amendments.

Abbreviations used for Parliamentary Committees

| AFET | Committee on Foreign Affairs |
| --- | --- |
| DEVE | Committee on Development |
| INTA | Committee on International Trade |
| BUDG | Committee on Budgets |
| CONT | Committee on Budgetary Control |
| ECON | Committee on Economic and Monetary Affairs |
| EMPL | Committee on Employment and Social Affairs |
| ENVI | Committee on the Environment, Public Health and Food Safety |
| ITRE | Committee on Industry, Research and Energy |
| IMCO | Committee on the Internal Market and Consumer Protection |
| TRAN | Committee on Transport and Tourism |
| REGI | Committee on Regional Development |
| AGRI | Committee on Agriculture |
| PECH | Committee on Fisheries |
| CULT | Committee on Culture and Education |
| JURI | Committee on Legal Affairs |
| LIBE | Committee on Civil Liberties, Justice and Home Affairs |
| AFCO | Committee on Constitutional Affairs |
| FEMM | Committee on Women's Rights and Gender Equality |
| PETI | Committee on Petitions |

AFET

Committee on Foreign Affairs

DEVE

Committee on Development

INTA

Committee on International Trade

BUDG

Committee on Budgets

CONT

Committee on Budgetary Control

ECON

Committee on Economic and Monetary Affairs

EMPL

Committee on Employment and Social Affairs

ENVI

Committee on the Environment, Public Health and Food Safety

ITRE

Committee on Industry, Research and Energy

IMCO

Committee on the Internal Market and Consumer Protection

TRAN

Committee on Transport and Tourism

REGI

Committee on Regional Development

AGRI

Committee on Agriculture

PECH

Committee on Fisheries

CULT

Committee on Culture and Education

JURI

Committee on Legal Affairs

LIBE

Committee on Civil Liberties, Justice and Home Affairs

AFCO

Committee on Constitutional Affairs

FEMM

Committee on Women's Rights and Gender Equality

PETI

Committee on Petitions

Abbreviations used for Political Groups

| PPE-DE | Group of the European People’s Party (Christian Democrats) and European Democrats |
| --- | --- |
| PSE | Socialist Group in the European Parliament |
| ALDE | Group of the Alliance of Liberals and Democrats for Europe |
| Verts/ALE | Group of the Greens/European Free Alliance |
| GUE/NGL | Confederal Group of the European United Left – Nordic Green Left |
| IND/DEM | Independence and Democracy Group |
| UEN | Union for Europe of the Nations Group |
| NI | Non-attached Members |

PPE-DE

Group of the European People’s Party (Christian Democrats) and European Democrats

PSE

Socialist Group in the European Parliament

ALDE

Group of the Alliance of Liberals and Democrats for Europe

Verts/ALE

Group of the Greens/European Free Alliance

GUE/NGL

Confederal Group of the European United Left – Nordic Green Left

IND/DEM

Independence and Democracy Group

UEN

Union for Europe of the Nations Group

NI

Non-attached Members

---