European Parliament legislative resolution on the proposal for a Council framework decision on certain procedural rights in criminal proceedings throughout the European Union (COM(2004)0328 - C6-0071/2004 - 2004/0113(CNS))
Date: 2005-04-12
Institutions: European Parliament
Subjects: judicial cooperation, judicial proceedings, mutual recognition principle, penalty, rights of the defence, ruling

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— the expiry date for point 7 (second indent) of 2010 was removed with no justification,
— no other expiry dates were set by the decision — not even on point 7 (third indent), contrary to

the clear mandate in point 10 of the Annex to Directive 2002/95/EC,

— expiry dates suggested on a number of items by the applicants themselves have not been included

(points 10, 11, 13 and 14),

— some exemptions have been given a broader scope than requested and/or justified (points 10 and

12), contrary to Article 5(1)(b),

— exemptions have been provided on the basis of unsubstantiated or unquantified technical dis-

cussions (points 7 (second indent), 10 and 14), contrary to Article 5(1)(b),

— the erroneous numbering of point 10 of the Annex was reintroduced, although the Commission
had undertaken to rectify it following a misleading interpretation of the Directive due to this num-
bering (point 15),

Q. whereas Article 8 of Decision 1999/468/EC lays down Parliament's right to adopt a resolution to indi-
cate that the draft implementing measures ‘would exceed the implementing powers provided for in the
basic instruments’,

1.
Considers, on the basis of the limited information available, that the Commission has not acted in
accordance with Article 5(1), 5(1)(b) and 5(2) of Directive 2002/95/EC and has therefore exceeded the
implementing powers provided for in that Directive;

2.
Calls on the Commission to re-examine its draft decision amending for the purposes of adapting to
the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council
on the restriction of the use of certain hazardous substances in electrical and electronic equipment in the
light of this resolution, and to ensure that any amendment to the Annex fully respects the provisions of that
Directive;

3.
Confirms that subsequent scrutiny of other comitology files has revealed that the Commission's non-
compliance with Decision 1999/468/EC and the Agreement in terms of the procedural provisions is not an
isolated case;

4.
Calls on the Commission to make a detailed assessment of all cases of non-compliance with Decision
1999/468/EC and the Agreement since the modification of the procedures at the end of 2003, specifying
the act and the exact form of non-compliance, and to forward the full assessment to Parliament within three
months;

Calls on the Commission to respect Parliament's right to information and scrutiny pursuant to Deci-

5.
sion 1999/468/EC and the Agreement;

Instructs its President to forward this resolution to the Council and Commission, and the parliaments

6.
and governments of the Member States.

P6_TA(2005)0091

Procedural rights in criminal proceedings *

European Parliament legislative resolution on the proposal for a Council framework decision on
certain procedural rights in criminal proceedings throughout the European Union (COM(2004)
0328 — C6-0071/2004 — 2004/0113(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2004)0328) (1),

— having regard to Article 31(1)(c) of the EU Treaty,

(1) Not yet published in OJ.

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— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0071/2004),

— 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 and the

opinion of the Committee on Legal Affairs (A6-0064/2005),

1.

2.

3.

4.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

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

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AMENDMENTS
BY PARLIAMENT

Amendment 1
Entire text

The words ‘as soon as possible’ to be replaced by ‘without
undue delay’
(This amendment applies throughout the text.)

Amendment 2
Recital 5a (new)

(5a) The rights laid down in the ECHR should be regarded
as minimum standards with which Member States should in
any event comply, just as they should comply with the case-
law of the European Court on Human Rights.

Amendment 3
Recital 7

(7) The principle of mutual recognition is based on a high
level of confidence between Member States. In order to enhance
this confidence, this Framework Decision provides certain safe-
guards to protect fundamental rights. These safeguards reflect
the traditions of the Member States in following the provisions
of the ECHR.

(7) The principle of mutual recognition is based on a high
level of confidence between Member States. In order to enhance
this confidence, this Framework Decision provides certain safe-
guards to protect fundamental rights. These safeguards reflect
the traditions of the Member States in following the provisions
of the ECHR and of the Charter of Fundamental Rights of the
European Union.

Amendment 51
Recital 8

(8) The proposed provisions are not intended to affect specific
measures in force in national legislations in the context of the
fight against certain serious and complex forms of crime in par-
ticular terrorism.

(8) The proposed provisions are not intended to affect specific
measures in force in national legislations in the context of the
fight against certain serious and complex forms of crime in par-
ticular terrorism. All measures shall be in conformity with the
ECHR and the Charter of Fundamental Rights of the Euro-
pean Union.

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AMENDMENTS
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Amendment 5

Recital 10

(10)
Five areas have been identified as appropriate ones in
which common standards may be applied in the first instance.
These are: access to legal representation, access to interpretation
and translation, ensuring that persons in need of specific atten-
tion because they are unable to follow the proceedings receive
it, consular assistance to foreign detainees and notifying sus-
pects and defendants of their rights in writing.

(10)
In order to promote mutual trust between Member
States, safeguards should be put in place to protect the funda-
mental rights not only of suspected persons, but also of vic-
tims of crime and witnesses to crime. However, the focus of
this Framework Decision is the safeguarding of the rights of
suspected persons. Five areas have been identified as appropri-
ate ones in which common standards may be applied in the first
instance. These are: access to legal representation, access to
interpretation and translation, ensuring that persons in need of
specific attention because they are unable to follow the proceed-
ings receive it, consular assistance to foreign detainees and
notifying suspects and defendants of their rights in writing.

Amendment 6

Recital 10a (new)

(10a) This Framework Decision should be evaluated within
two years after its entry into force in the light of the experi-
ence gained. If appropriate, it should be amended so as to
improve the safeguards laid down.

Amendment 8

Recital 16

(16) The right to consular assistance exists by virtue of Arti-
cle 36 of the 1963 Vienna Convention on Consular Relations
where it is a right conferred on States to have access to their
nationals. The provisions of this Framework Decision confer the
right on the European citizen rather
than the State. They
enhance its visibility and therefore its effectiveness. That said,
in the longer term, the creation of an area of freedom, security
and justice in which trust is reciprocated between Member
States should reduce and ultimately abolish the need for con-
sular assistance.

(16) The right to consular assistance exists by virtue of Arti-
cle 36 of the 1963 Vienna Convention on Consular Relations
where it is a right conferred on States to have access to their
nationals. The provisions of this Framework Decision confer the
right on the European citizen rather
than the State. They
enhance its visibility and therefore its effectiveness.

Amendment 9

Recital 17

(17) Notifying suspects and defendants of their basic rights in
writing is a measure that improves fairness in proceedings, and
goes some way to ensuring that everyone suspected of, or
charged with, a criminal offence is aware of their rights. If sus-
pects and defendants are unaware of them, it is more difficult
for them to insist upon having the benefit of those rights. Giv-
ing suspects written notification of their rights, by way of a
simple ‘Letter of Rights’, will remedy this problem.

(17) Notifying suspects and defendants of their basic rights in
writing is a measure that improves fairness in proceedings, and
goes some way to ensuring that everyone suspected of, or
charged with, a criminal offence is aware of their rights. If sus-
pects and defendants are unaware of them, it is more difficult
for them to insist upon having the benefit of those rights. Giv-
ing suspects written notification of their rights, by way of a
simple ‘Letter of Rights’, will remedy this problem. Suspected
persons with a visual handicap or reading disabilities should
be notified orally of their basic rights.

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Amendment 10
Recital 18

(18)
It is necessary to establish a mechanism to assess the
effectiveness of this Framework Decision. Member States should
therefore gather and record information for the purpose of
evaluation and monitoring. The information gathered will be
used by the Commission to produce reports that will be made
publicly available. This will enhance mutual trust since each
Member State will know that other Member States are comply-
ing with fair trial rights.

(18)
It is necessary to establish a mechanism to assess the
effectiveness of this Framework Decision. Member States should
therefore gather and record information, including information
from NGOs, intergovernmental organisations and the profes-
sional bodies of lawyers, interpreters and translators, for the
purpose of
information
evaluation and monitoring. The
gathered will be used by the Commission to produce reports
that will be made publicly available. This will enhance mutual
trust since each Member State will know that other Member
States are complying with fair trial rights.

Such proceedings are referred to hereafter as ‘criminal pro-
ceedings’.

Deleted

Amendment 11
Article 1, paragraph 1, subparagraph 2

Amendment 12
Article 1, paragraph 2

2.
The rights will apply to any person suspected of having
committed a criminal offence (‘a suspected person’) from the
time when he is informed by the competent authorities of a
Member State that he is suspected of having committed a
criminal offence until finally judged.

2.
The rights shall apply to any person suspected of having
committed a criminal offence (‘a suspected person’) or, where
the suspected person is a legal person, to the legal person's
representative, from the time when he is approached by the
competent authorities of a Member State until final judgment,
including sentencing and the resolution of any appeal.

Amendment 13
Article 1a (new)

Article 1a

Definitions

For the purposes of this Framework Decision, the following
definitions shall apply:

(a)

‘legal advice’ means:

— the assistance provided by a lawyer, or a duly qual-
ified person as referred to in Article 4(1), to a sus-
pected person before and during any police question-
ing in relation to the offence of which that person is
suspected;

— the assistance provided to, and the representation of,
a suspected person by a lawyer, or a duly qualified
person as referred to in Article 4(1),
throughout
criminal proceedings;

(b) ‘criminal proceedings’ means:

(i) proceedings for establishing the guilt or innocence of
a suspected person or for sentencing that person;

(ii) an appeal from proceedings as referred to in point (i),

or

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(iii) proceedings brought by administrative authorities
in respect of acts which are punishable under the
law of a Member State, and where the decision may
give rise to proceedings before a court having juris-
diction in particular in criminal matters;

(c)

‘persons assimilated to family members’ means:

— persons who, under the law of a Member State, live
in a registered or otherwise legalised same-sex part-
nership with the suspected person,

— persons who cohabit permanently with the suspected

person in a non-marital relationship.

Amendment 14
Article 1b (new)

Article 1b

Right of defence

Before they make statements or as soon as they are subject to
measures which restrict their freedom, whichever is sooner,
suspected persons shall be entitled to be informed by the auth-
orities of the charges laid against them and of the grounds for
suspicion.

Amendment 15
Article 2

1.
A suspected person has the right to legal advice as soon
as possible and throughout the criminal proceedings if he
wishes to receive it.

A suspected person has the right to receive legal advice

2.
before answering questions in relation to the charge.

A suspected person shall have the right to legal advice

1.
without undue delay (within 24 hours after arrest).

2.
A suspected person shall have the right to receive legal
advice in all cases before any questioning takes place, at any
stage and level of the criminal proceedings and during any
kind of questioning.

Amendment 16
Article 2, paragraph 2a (new)

2a.

Suspected persons shall have the right to:

— consult their lawyer in private (even if they are required
for security reasons to be kept in police custody), with
their conversation with the lawyer to remain entirely con-
fidential;

— have access to all material relating to the criminal pro-
ceedings, including through the intermediary of their law-
yer;

—- ensure that their lawyer is informed regarding the pro-
gress of the criminal proceedings and that he is present
during questioning;

— ensure that their lawyer is present and that he puts ques-
tions to the court, either during the pre-trial stage or dur-
ing the trial itself.

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Amendment 17
Article 2, paragraph 2b (new)

2b.
Failure to respect the right to legal advice shall invali-
date all subsequent acts and those dependent on them
throughout the criminal proceedings.

Amendment 18
Article 2, paragraph 2c (new)

2c. Member States shall ensure that the lawyer has access
to the entire case-file within good enough time to be able to
prepare the defence.

Amendment 19
Article 3, introductory part

Notwithstanding the right of a suspected person to refuse legal
advice or to represent himself in any proceedings, it is required
that certain suspected persons be offered legal advice so as to
safeguard fairness of proceedings. Accordingly, Member States
shall ensure that legal advice is available to any suspected per-
son who:

Notwithstanding the right of a suspected person to refuse legal
advice or to represent himself in any proceedings, it is required
that suspected persons be offered legal advice so as to safeguard
fairness of proceedings. Accordingly, Member States shall ensure
legal advice is available to any suspected person, and
that
notably to anyone who:

Amendment 20
Article 3, indent 2

— is formally accused of having committed a criminal offence
which involves a complex factual or legal situation or
which is subject to severe punishment, in particular where
in a Member State, there is a mandatory sentence of more
than one year's imprisonment for the offence, or

— is formally accused of having committed a criminal offence
which involves a complex factual or legal situation or
which is subject to severe punishment, in particular where
in a Member State,
there is a mandatory sentence of
imprisonment for the offence, or

— appears not to be able to understand or follow the content
or the meaning of the proceedings owing to his age, men-
tal, physical or emotional condition.

— is likely or appears not to be able to understand or follow
the content or the meaning of the proceedings owing to his
age, mental, physical or emotional condition.

Amendment 21
Article 3, indent 5

Amendment 22
Article 3, indent 5a (new)

— is detained for the purpose of making a statement in

criminal proceedings.

Amendment 23
Article 4, paragraph 1

1. Member States shall ensure that only lawyers as described
in Article 1(2)(a) of Directive 98/5/EC are entitled to give legal
advice in accordance with this Framework Decision.

1. Member States shall ensure that lawyers as described in
Article 1(2)(a) of Directive 98/5/EC or other persons duly qual-
ified in accordance with applicable national provisions are
entitled to give legal advice in accordance with this Framework
Decision.

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Amendment 24
Article 4, paragraph 2

2. Member States shall ensure that a mechanism exists to
provide a replacement
lawyer if the legal advice given is
found not to be effective.

2. Member States shall ensure that an independent body is
charged with hearing complaints about the effectiveness of a
that body may provide a
defence lawyer.
replacement lawyer.

If appropriate,

Amendment 25
Article 4, paragraph 2a (new)

2a.
The procedural time limits laid down in this framework
decision shall not start to run until the lawyer has been noti-
fied — irrespective of whether the suspected person was noti-
fied on an earlier date.

Amendment 26
Article 5, paragraph 1

1. Where Article 3 applies, the costs of legal advice shall be
borne in whole or in part by the Member States if these costs
would cause undue financial hardship to the suspected person
or his dependents.

1. Member States shall ensure that free legal advice and the
legal costs themselves (be they fees or expenses) are provided
to suspected persons, or the costs of legal advice shall be borne
in whole or in part by the Member State in which the criminal
proceedings take place, if these costs would cause undue finan-
cial hardship to the suspected person, his dependents, or the
persons responsible for supporting him financially.

Amendment 27
Article 6, paragraph 1

1. Member States shall ensure that a suspected person who
does not understand the language of the proceedings is pro-
vided with free interpretation in order to safeguard the fair-
ness of the proceedings.

1. Member States shall ensure that, where a suspected person
does not speak or understand the language of the proceedings,
he shall be assisted free of charge by an interpreter at each
stage and level of the proceedings and also (if he so requests)
when consulting his lawyer.

Amendment 28
Article 6, paragraph 2

2. Member States shall ensure that, where necessary, a sus-
pected person receives free interpretation of
legal advice
received throughout the criminal proceedings.

2. Member States shall ensure that, where a suspected person
does not understand or speak the language of the proceedings,
an interpreter is present:

— at all meetings between the suspected person and his law-
if the lawyer or the suspected person considers it

yer,
necessary;

— whenever the suspected person is questioned by law
enforcement officers in relation to the offence of which
he is suspected;

— whenever the suspected person is required to appear in

court in connection with the offence.

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Amendment 29
Article 6, paragraph 3a (new)

Interpreters certified by the competent judicial auth-

3a.
orities shall be listed in a national register of interpreters.

Amendment 30
Article 7, paragraph 1

1. Member States shall ensure that a suspected person who
does not understand the language of the proceedings is pro-
vided with free translations of all relevant documents in order
to safeguard the fairness of the proceedings.

1. Member States shall ensure that a suspected person who
does not understand or read the language of the proceedings, or
the language in which relevant documents are drafted where
they are not in the language of the proceedings, is provided
with free translations of all relevant documents in any of the
official languages of the European Union or in another lan-
guage that the suspected person understands, as appropriate,
in order to safeguard the fairness of the proceedings.

Amendment 31
Article 7, paragraph 2

The decision regarding which documents need to be
2.
translated shall be taken by the competent authorities. The
suspected person's lawyer may ask for translation of further
documents.

Deleted

Amendment 32
Article 8, paragraph 1

1. Member States shall ensure that the translators and inter-
preters employed are sufficiently qualified to provide accurate
translation and interpretation.

1. Member States shall ensure that a national register of
sworn translators and interpreters accessible to professional lin-
guists in all the Member States with an equivalent level of
qualification throughout the Union is established. Those listed
on the register shall be obliged to respect a national or Com-
munity code of conduct designed to ensure the impartial and
faithful exercise of translation and interpretation work.

Amendment 33
Article 9

Member States shall ensure that, where proceedings are con-
ducted through an interpreter, an audio or video recording is
made in order to ensure quality control. A transcript of the
recording shall be provided to any party in the event of a dis-
pute. The transcript may only be used for the purposes of
verifying the accuracy of the interpretation.

Member States shall ensure that, where proceedings are con-
ducted through an interpreter, an audio or video recording is
made in order to ensure quality control. A transcript of the
recording shall be provided to any party in the event of a dis-
pute.

Amendment 34
Article 10, paragraph 1

1. Member States shall ensure that a suspected person who
cannot understand or follow the content or the meaning of the
proceedings owing to his age, mental, physical or emotional
condition is given specific attention in order to safeguard the
fairness of the proceedings.

1. Member States shall ensure that a suspected person who
cannot understand or follow the content or the meaning of the
proceedings owing to his age, state of health, physical or men-
illiteracy or particular emotional condition is
tal disability,
given specific attention in order to safeguard the fairness of
the proceedings.

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Amendment 35
Article 10, paragraph 3a (new)

3a.
Failure to assess and notify the vulnerability of the sus-
pected person shall, if not remedied, invalidate any subsequent
action taken in the criminal proceedings.

Amendment 36
Article 11, paragraph 2

2. Member States shall ensure that medical assistance is pro-
vided whenever necessary.

2. Member States shall ensure that medical and psychological
assistance is provided whenever necessary, and if the suspected
person or his lawyer considers it necessary.

Amendment 37
Article 11, paragraph 3

3. Where appropriate, specific attention may include the
right to have a third person present during any questioning by
police or judicial authorities.

3.
A suspected person entitled to specific attention or his
lawyer shall have the right to request a third person to be pre-
sent during any questioning by police or judicial authorities.

Amendment 38
Article 12, paragraph 1

1.
A suspected person remanded in custody has the right
have his family, persons assimilated to his family or his place
of employment informed of the detention as soon as possible.

1.
A suspected person remanded in custody or transferred to
another place of custody shall have the right to have his family
or persons assimilated to his family informed of the detention
or transfer without undue delay.

Amendment 39
Article 12, paragraph 1a (new)

1a.
A suspected person remanded in custody shall have the
right to have his place of employment informed of the deten-
tion without undue delay.

Amendment 40
Article 13, paragraph 2

2. Member States shall ensure that, if a detained suspected
person does not wish to have assistance from the consular auth-
orities of his home State, the assistance of a recognised inter-
national humanitarian organisation is offered as an alternative.

2. Member States shall ensure that, if a detained suspected
person does not wish to have assistance from the consular auth-
orities of his home State, the assistance of a recognised inter-
national humanitarian organisation is offered without undue
delay as an alternative.

Amendment 41
Article 14, paragraph 1

1. Member States shall ensure that all suspected persons are
made aware of the procedural rights that are immediately rel-
evant to them by written notification of them. This information
shall include, but not be limited to, the rights set out in this
Framework Decision.

1. Member States shall ensure that all suspected persons are
made aware of the procedural rights that are immediately rel-
evant to them by written notification of them. This information
shall include, but not be limited to, the rights set out in this
Framework Decision. The written notification — the Letter of
Rights — shall be presented to the suspected person when he
is first questioned, whether in the police station or elsewhere.

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Amendment 42

Article 14, paragraph 1, subparagraph 1a (new)

Member States shall ensure that the Letter of Rights is made
accessible on line for ease of access. Member States shall
ensure that, where a suspected person has a visual handicap
or reading disabilities, the Letter of Rights is read to that
person.

Amendment 44

Article 14, paragraph 3a (new)

3a.
The Member States shall determine into which other
languages the Letter of Rights should be translated, bearing
in mind the languages most commonly used on the territory of
the Union as a result of third-country citizens immigrating
into or residing in the Union. Paragraphs 2 and 3 shall apply.

Amendment 45

Article 14, paragraph 4

4. Member States shall require that both the law enforce-
ment officer and the suspect, if he is willing, sign the Letter of
Rights, as evidence that
it has been offered, given and
accepted. The Letter of Rights should be produced in duplicate,
with one (signed) copy being retained by the law enforcement
officer and one (signed) copy being retained by the suspect. A
note should be made in the record stating that the Letter of
Rights was offered, and whether or not the suspect agreed to
sign it.

4.
The investigating authority shall draw up a statement to
the effect that the Letter of Rights has been issued to the
suspected person. The statement shall
indicate the time at
which the Letter was issued and, possibly, the persons present.

Amendment 46

Article 14a (new)

Article 14a

Prohibition of discrimination

Member States shall take preventive measures to ensure that
irrespective of their racial or ethnic
all suspected persons,
background, or sexual orientation, receive equal access to
legal assistance and equal treatment at each and every stage
of the criminal proceedings.

Amendment 47

Article 15, paragraph 1

1. Member States
the
information necessary for evaluation and monitoring of this
Framework Decision.

facilitate the collection of

shall

1.
Every year, Member States shall gather, including from
NGOs, intergovernmental organisations and the professional
bodies of lawyers, interpreters and translators, and forward
to the Commission the information necessary for evaluation
and monitoring of this Framework Decision.

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Amendment 48
Article 15, paragraph 2

2.
Evaluation and monitoring shall be carried out under the
supervision of the European Commission which shall co-ordi-
nate reports on the evaluation and monitoring exercise. Such
reports may be published.

2.
Evaluation and monitoring shall be carried out yearly
under the supervision of the Commission which shall co-ordi-
nate reports on the evaluation and monitoring exercise. Such
reports shall be published.

Amendment 49
Article 16, paragraph 1, introductory part

1.
In order that evaluation and monitoring of the provi-
sions of this Framework Decision may be carried out, Member
States shall ensure that data such as relevant statistics are kept
and made available, inter alia, as regards the following:

1. Member States shall
take the necessary measures to
ensure that, by 31 March each year, the following information
in respect of the preceding calendar year is kept and made
available:

Amendment 50
Article 16, paragraph 2

2.
Evaluation and monitoring shall be carried out at regu-
lar intervals, by analysis of the data provided for that purpose
and collected by the Member States in accordance with the
provisions of this article.

Deleted

P6_TA(2005)0092

2003 discharge: Section III of the general budget

1.
European Parliament decision on the discharge for implementing the general budget of the Euro-
pean Union for the financial year 2003, Section III — Commission (SEC(2004)1181 — C6-0012/
2005 — 2004/2040(DEC) — SEC(2004)1182 — C6-0013/2005 — 2004/2040(DEC))

The European Parliament,

— having regard to the general budget of the European Union for the financial year 2003 (1),

— having regard to the final annual accounts of the European Communities — Financial year 2003 —
Volume I — Consolidated reports on implementation of the budget and consolidated financial state-
ments (SEC(2004)1181 — C6-0012/2005, SEC(2004)1182 — C6-0013/2005) (2),

— having regard to the Commission's report on the follow-up to 2002 discharges (COM(2004)0648 —

C6-0126/2004),

— having regard to the Annual Report to the Discharge Authority on Internal Audits carried out in 2003

(COM(2004)0740),

— having regard to the Court of Auditors' annual report for 2003 (3) and to its special reports accom-

panied by the replies of the institutions audited,

— having regard to the Statement of Assurance concerning the reliability of the accounts and the legality
and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248
of the EC Treaty (4),

— having regard to the Council recommendation of 8 March 2005 (C6-0077/2005),

(1) OJ L 54, 28.2.2003.
(2) OJ C 294, 30.11.2004, p. 1.
(3) OJ C 293, 30.11.2004, p. 1.
(4) OJ C 294, 30.11.2004, p. 99.