MINUTES#Tuesday, 12 December 2006
Date: 2006-12-23
Institutions: European Parliament
Subjects: parliamentary debate

23.12.2006

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(2006/C 317 E/02)

MINUTES

Tuesday, 12 December 2006

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

1. Opening of sitting

The sitting opened at 9.00.

2. Debates on cases of breaches of human rights, democracy and the rule of law

(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.

Fiji

— Pasqualina Napoletano and Miguel Angel Martínez Martínez, on behalf of the PSE Group, on the

situation in Fiji (B6-0646/2006),

— Nirj Deva, Geoffrey Van Orden, Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group,

on the coup in Fiji (B6-0649/2006),

— Tobias Pflüger, on behalf of the GUE/NGL Group, on the situation in Fiji following the coup

(B6-0652/2006),

— Margrete Auken and Marie-Hélène Aubert, on behalf of

the Verts/ALE Group, on Fiji

(B6-0660/2006),

— Michał Tomasz Kamiński, Adam Bielan, Marcin Libicki, Ryszard Czarnecki and Roberts Zīle, on

behalf of the UEN Group, on the coup in Fiji (B6-0662/2006),

— István Szent-Iványi and Marios Matsakis, on behalf of the ALDE Group, on the situation in Fiji

(B6-0663/2006).

II.

Involvement of UN forces in sexual abuses in Liberia and Haiti

— Michael Gahler, Maria Martens, José Javier Pomés Ruiz, Charles Tannock and Bernd Posselt, on behalf
of the PPE-DE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti
(B6-0648/2006),

— Luisa Morgantini and Ilda Figueiredo, on behalf of the GUE/NGL Group, on the involvement of

UN forces in sexual abuses in Liberia and Haiti (B6-0653/2006),

— Cristiana Muscardini, Roberta Angelilli, Marcin Libicki, Adam Bielan, Michał Tomasz Kamiński and
Ryszard Czarnecki, on behalf of the UEN Group, son the involvement of UN forces in sexual abuses
in Liberia and Haiti (B6-0654/2006),

— Pasqualina Napoletano, Elena Valenciano Martínez-Orozco, Marie-Arlette Carlotti, Miguel Angel
Martínez Martínez, María Sornosa Martínez and Pierre Schapira, on behalf of the PSE Group, on the
involvement of UN forces in sexual abuses in Liberia and Haiti (B6-0656/2006),

— Marie-Hélène Aubert, Margrete Auken, Hiltrud Breyer and Raül Romeva i Rueda, on behalf of the
Verts/ALE Group, on the involvement of UN forces in sexual abuses in Liberia and Haiti
(B6-0659/2006).

III. Burma

— Geoffrey Van Orden, Thomas Mann, Bernd Posselt, Simon Coveney and Charles Tannock, on behalf

of the PPE-DE Group, on the situation in Burma (B6-0647/2006),

— Vittorio Agnoletto and Luisa Morgantini, on behalf of

the GUE/NGL Group, on Burma

(B6-0651/2006),

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Tuesday, 12 December 2006

— Pasqualina Napoletano, Glenys Kinnock and Marc Tarabella, on behalf of the PSE Group, on the

situation in Burma (B6-0655/2006),

— Frédérique Ries and Marios Matsakis, on behalf of the ALDE Group, on the situation in Burma

(B6-0657/2006),

— Gintaras Didžiokas, on behalf of the UEN Group, On Burma/Myanmar (B6-0658/2006),

— Frithjof Schmidt, on behalf of

the Verts/ALE Group, on the situation in Burma (Myanmar)

(B6-0661/2006),

Speaking time would be allocated in accordance with Rule 142.

3. 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 repealing Council Directive
71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services
in respect of public works contracts and on the award of public works contracts to contractors
acting through agencies or branches (COM(2006)0748 — C6-0440/2006 — 2006/0249(COD))

referred to

responsible: IMCO

opinion:

JURY

— Proposal for a regulation of the European Parliament and of the Council concerning the export and

import of dangerous chemicals (COM(2006)0745 — C6-0439/2006 — 2006/0246(COD))

referred to

responsible: ENVI

opinion:

EMPL, ITRE, INTA, IMCO

— Proposal

for

a Council decision on the

conclusion of

Cooperation Agreement between the European Community
(COM(2006)0422 — C6-0438/2006 — 2006/0141(CNS))

referred to

responsible: ITRE

opinion:

AFET, BUDG

the Scientific

and Technological
and the Republic of Korea

— Proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of
application of the value added tax arrangements applicable to radio and television broadcasting
services and certain electronically supplied services
(COM(2006)0739 — C6-0437/2006 —
2006/0245(CNS))

referred to

responsible: ECON

— Proposal for a decision of the European Parliament and of the Council on the Community Statistical

Programme 2008 to 2012 (COM(2006)0687 — C6-0427/2006 — 2006/0229(COD))

referred to

responsible: ECON

opinion:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL,
BUDG, ITRE, JURI, CONT, LIBE, INTA, IMCO, TRAN, REGI

— The Council of the European Union: Revised letter of amendment No 2 to the draft general budget
of the European Communities for the financial year 2007 (15783/2006 — C6-0444/2006 —
2006/2018(BUD))

referred to

responsible: BUDG

— The Council of the European Union: Letter of amendment No 3 to the draft general budget of
the financial year 2007 (15636/2006 — C6-0443/2006 —

the European Communities for
2006/2018(BUD))

referred to

responsible: BUDG

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— Draft general budget of the European Communities for the financial year 2007, as amended and
accompanied by proposals for modifications (15637/2006 — C6-0442/2006 — 2006/2018(BUD))

referred to

responsible: BUDG

Tuesday, 12 December 2006

— Draft amending budget No 6 for the financial year 2006 — Section III — Commission (15635/2006

— C6-0441/2006 — 2006/2265(BUD))

referred to

responsible: BUDG

2) from committees

2.1) reports

— Report on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of

Quaestors and committee bureaux (2006/2287(REG)) — AFCO Committee
Rapporteur: Jo Leinen (A6-0464/2006).

the European Communities as regards the language arrangements,

— * Report on the Draft Council Decision amending the Rules of Procedure of the Court of Justice
in order to include
of
Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure
(15712/2006 — C6-0434/2006 — 2006/0813(CNS)) — JURI Committee
Rapporteur: Giuseppe Gargani (A6-0463/2006).

— * Report on the Draft Council Decision amending the Rules of Procedure of the Court of
First Instance of the European Communities with regard to languages,
in order to include
Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure
(15715/2006 — C6-0435/2006 — 2006/0814(CNS)) — JURI Committee
Rapporteur: Giuseppe Gargani (A6-0462/2006).

— * Report on the proposal for a Council decision laying down Community criteria for the
eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 —
C6-0236/2006 — 2006/0104(CNS)) — JURI Committee
Rapporteur: Diana Wallis (A6-0461/2006).

— ***I Report on the proposal for a regulation of the European Parliament and of the Council on
the submission of nominal catch statistics by Member States fishing in the north-east Atlantic
(codified
(COM(2006)0497 — C6-0301/2006 — 2006/0164(COD)) —
JURI Committee
Rapporteur: Diana Wallis (A6-0460/2006).

version)

— ***I Report on the proposal for a regulation of the European Parliament and of the Council on
the elimination of controls performed at the frontiers of Member States in the field of road and
inland waterway transport
(COM(2006)0432 — C6-0261/2006 —
2006/0146(COD)) — JURI Committee
Rapporteur: Diana Wallis (A6-0459/2006).

(codified version)

— ***I Report on the proposal for a decision of the European Parliament and of the Council on a
procedure for prior examination and consultation in respect of certain laws, regulations and
administrative provisions concerning transport proposed in Member States (codified version)
(COM(2006)0284 — C6-0185/2006 — 2006/0099(COD)) — JURI Committee
Rapporteur: Diana Wallis (A6-0458/2006).

— ***I Report on the proposal for a regulation (Euratom, EC) of the European Parliament and of
the Council on the transmission of data subject to statistical confidentiality to the Statistical
Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 —
2006/0159(COD)) — JURI Committee
Rapporteur: Diana Wallis (A6-0457/2006).

— Report with a proposal for a European Parliament recommendation to the Council on the
progress of
the negotiations on the framework decision on the protection of personal
data processed in the framework of police and judicial cooperation in criminal matters
(2006/2286(INI)) — LIBE Committee
Rapporteur: Martine Roure (A6-0456/2006).

— ***I Report on the amended proposal

the European Parliament and of
‘Drugs
the period 2007-2013 the
the Council
prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’
(COM(2006)0230 [[02]] — C6-0464/2006 — 2005/0037B(COD)) — LIBE Committee
Rapporteur: Inger Segelström (A6-0454/2006).

specific programme

for a decision of

establishing for

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— * Report on the proposal for a Council decision establishing for the period 2007-2013 the
specific programme ‘Criminal justice’ as part of the General programme ‘Fundamental Rights
[[03]] — C6-0237/2005 — 2005/0039(CNS)) —
and
LIBE Committee
Rapporteur: Inger Segelström (A6-0453/2006).

(COM(2005)0122

Justice’

— ***I Report on the proposal for a decision of the European Parliament and of the Council estab-
lishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General
programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [[04]] — C6-0096/2005 —
2005/0040(COD)) — LIBE Committee
Rapporteur: Inger Segelström (A6-0452/2006).

— Report on the draft general budget of the European Union for the financial year 2007 as modi-
fied by the Council and Letters of amendment Nos 1/2007, 2/2007, 3/2007 to the draft
general budget of the European Union for the financial year 2007 — Section I — European
Parliament, Section II — Council, Section III — Commission, Section IV — Court of Justice,
Section V — Court of Auditors, Section VI — European Economic and Social Committee,
Section VII — Committee of the Regions, Section VIII (A) — European Ombudsman, Section
VIII
(15637/2006 — C6-0442/2006 —
2006/2018(BUD)) — BUDG Committee
Co-rapporteurs: James Elles et Louis Grech (A6-0451/2006).

(B) — European Data Protection Supervisor

2.2) recommendations for second reading

— ***II Recommendation for second reading on the Council common position for adopting a
regulation of
establishing a European
Institute for Gender Equality (Text with EEA relevance) (10351/1/2006 — C6-0314/2006 —
2005/0017(COD)) — FEMM Committee
Co-rapporteurs: Lissy Gröner et Amalia Sartori (A6-0455/2006).

the European Parliament and of

the Council

3) from the Conciliation Committee

— Joint text approved by the Conciliation Committee on the directive of the European Parliament and
of the Council on the protection of groundwater against pollution and deterioration (03658/2006 —
C6-0382/2006 — 2003/0210(COD))

4. Transfers of appropriations

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 42/2006 (C6-0352/2006 — SEC(2006)1282).

Having noted the Council's opinion, it had authorised the transfer under Article 24(3) of the Financial
Regulation of 25 June 2002, provided that no commitments were entered into before the final adoption of
the requisite legal acts.

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 47/2006 (C6-0353/2006 — SEC(2006)1288).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

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The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 48/2006 (C6-0368/2006 — SEC(2006)1349).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

Tuesday, 12 December 2006

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 50/2006 (C6-0369/2006 — SEC(2006)1351).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 51/2006 (C6-0405/2006 — SEC(2006)1352).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 54/2006 (C6-0406/2006 — SEC(2006)1355).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 55/2006 (C6-0416/2006 — SEC(2006)1399).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 56/2006 (C6-0407/2006 — SEC(2006)1400).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

*

*

*

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The Committee on Budgets had considered the Commission's proposal for transfer of appropriations
DEC 58/2006 (C6-0425/2006 — SEC(2006)1402).

Having noted the Council's opinion, it had authorised the transfer in full under Article 24(3) of the Financial
Regulation of 25 June 2002.

5. Legislative and work programme of the Commission for 2007 (motions for reso-

lutions tabled)

Commission statement: Legislative and work programme of the Commission for 2007

The debate had been held on 14.11.2006 (Minutes of 14.11.2006, Item 15).

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

— Pierre Jonckheer, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, on the

Commission Legislative and Work Programme 2007 (B6-0630/2006),

— Silvana Koch-Mehrin, on behalf of
Programme 2007 (B6-0634/2006),

the ALDE Group, on the Commission Legislative and Work

— Brian Crowley, Roberta Angelilli, Guntars Krasts, Gintaras Didžiokas and Zdzisław Zbigniew Podkański,
on behalf of the UEN Group, on the Legislative and Work Programme of the Commission for 2007
(B6-0635/2006),

— Francis Wurtz, on behalf of the GUE/NGL Group, on the Commission Legislative and Work Programme

2007 (B6-0637/2006/rev.),

— Françoise Grossetête and Hans-Gert Poettering, on behalf of the PPE-DE Group, on the Commission

Legislative and Work Programme for 2007 (B6-0640/2006),

— Martin Schulz and Hannes Swoboda, on behalf of the PSE Group, on the Commission's Legislative and

Work Programme for 2007 (B6-0642/2006).

Vote: Minutes of 13.12.2006, Item 8.14.

6. Russia-EU Summit (motions for resolutions tabled)

Council and Commission statements: Russia-EU Summit

The debate had been held on 29.11.2006 (Minutes of 29.11.2006, Item 13).

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

— Daniel Cohn-Bendit, Hélène Flautre, Milan Horáček, Bart Staes and Rebecca Harms, on behalf of the

Verts/ALE Group, on the EU-Russia Summit (B6-0631/2006),

— Elmar

José

Brok,

Eurlings,
Laima Liucija Andrikienė, Tunne Kelam, Vytautas Landsbergis and Jacek Saryusz-Wolski, on behalf of the
PPE-DE Group, on the EU-Russia Summit (B6-0633/2006),

Sánchez-Neyra, Charles

Tannock, Camiel

Salafranca

Ignacio

— Konrad Szymański, Michał Tomasz Kamiński, Adam Bielan, Inese Vaidere, Ģirts Valdis Kristovskis, Hanna
Summit

and Ryszard Czarnecki,

EU-Russia

on the

Foltyn-Kubicka, Wojciech Roszkowski
(B6-0636/2006),

— Esko Seppänen and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the EU-Russia Summit

(B6-0638/2006),

— Paavo Väyrynen and Margarita Starkevičiūtė, on behalf of the ALDE Group, on the EU-Russia Summit

(B6-0639/2006),

— Hannes Swoboda and Jan Marinus Wiersma, on behalf of the PSE Group, on the Russia-EU Summit

(B6-0641/2006).

Vote: Minutes of 13.12.2006, Item 8.15.

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7. Vote on request for urgent procedure

Tuesday, 12 December 2006

Commission request for the application of urgent procedure (Rule 134) in respect of:

— ***I Amended proposal for a decision of the European Parliament and of the Council establishing for the
period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of
the
General programme ‘Fundamental Rights and Justice’
[COM(2006)0230 — C6-0095/2005 —
2005/0037B(COD)] — LIBE Committee

— * Proposal for a Council decision establishing for the period 2007-2013 the specific programme
‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’
[COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS)]
Rapporteur: Inger Segelström — LIBE Committee.

— * Proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Crim-
inal justice’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 —
C6-0237/2005 — 2005/0039(CNS)] — LIBE Committee

— ***I Proposal for a decision of the European Parliament and of the Council establishing for the period
2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights
and Justice’ [COM(2005)0122 — C6-0096/2005 — 2005/0040(COD)] — LIBE Committee

— *** I Proposal for a decision of the European Parliament and the Council establishing the European
Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management
of Migration Flows’ [COM(2005)0123 — C6-0124/2005 — 2005/0046(COD)] — LIBE Committee

— ***I Proposal for a decision of the European Parliament and the Council establishing the External
Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management
of Migration Flows’ [COM(2005)0123 — C6-0125/2005 — 2005/0047(COD)] — LIBE Committee

— * Proposal for a Council decision establishing the European Fund for the Integration of Third-country
nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of
Migration Flows’ [COM(2005)0123 — C6-0238/2005 — 2005/0048(CNS)] — LIBE Committee

— ***I Proposal for a decision of the European Parliament and the Council establishing the European
Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management
of Migration Flows’ [COM(2005)0123 — C6-0126/2005 — 2005/0045(COD)] — LIBE Committee

— * Proposal for a Council decision establishing the specific Programme ‘Prevention, Preparedness and
Consequence Management of Terrorism’, for the Period 2007-2013 — General Programme ‘Security and
Safeguarding Liberties’ [COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS)] — LIBE Committee

— * Proposal

for a Council decision establishing the specific Programme ‘Prevention of and Fight
against Crime’ for the Period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’
[COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS)] — LIBE Committee

The following spoke: Jean-Marie Cavada (Chairman of the LIBE Committee) and Ewa Klamt, on behalf of the
PPE-DE Group.

The request for urgent procedure was approved.

The items were placed on the agenda for voting time at noon on Thursday, 14.12.2006.

The deadline for tabling amendments for plenary would be Wednesday, 13.12.2006 at 10.00.

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8. Financing instrument for development cooperation ***II — A financing instru-
ment for cooperation with industrialised and other high-income countries and
territories * (debate)

Recommendation for second reading on the Council common position for adopting a regulation of the
European Parliament and of the Council establishing a financing instrument for development cooperation
[11944/2/2006 — C6-0357/2006 — 2004/0220(COD)] — Committee on Development
Rapporteur: Gay Mitchell (A6-0448/2006).

Report on the draft Council Regulation establishing a financing instrument for cooperation with industria-
lised and other high-income countries and territories [11877/2006 — C6-0265/2006 — 2006/0807(CNS)]
— Committee on International Trade
Rapporteur: David Martin (A6-0430/2006).

Gay Mitchell introduced the recommendation for second reading.

David Martin introduced the report.

Benita Ferrero-Waldner (Member of the Commission) spoke.

The following spoke: Syed Kamall, 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, Gabriele Zimmer, on behalf of the
GUE/NGL Group, Konrad Szymański, on behalf of the UEN Group, Hélène Goudin, on behalf of the
IND/DEM Group, Irena Belohorská, Non-attached Member, Maria Martens, Miguel Angel Martínez Martínez,
Thierry Cornillet, Witold Tomczak, Andreas Mölzer, Nirj Deva, Marie-Arlette Carlotti, Toomas Savi and
Georgios Papastamkos.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following spoke: Erika Mann, Jana Hybášková, Proinsias De Rossa, Justas Vincas Paleckis, Eoin Ryan and
Benita Ferrero-Waldner.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.14 and Minutes of 12.12.2006, Item 14.20.

9. Protection of groundwater against pollution and deterioration ***III (debate)

text

joint

approved by

Report on the
the
European Parliament and of the Council on the protection of groundwater against pollution and deteriora-
tion (PE-CONS 03658/2006 — C6-0382/2006 — 2003/0210(COD)) — Parliament's delegation to the
Conciliation Committee
Rapporteur: Christa Klaß (A6-0446/2006).

the Conciliation Committee

a directive of

for

Christa Klaß introduced the report.

Stavros Dimas (Member of the Commission) spoke.

The following spoke: Péter Olajos, on behalf of the PPE-DE Group, María Sornosa Martínez, on behalf of the
the
PSE Group, Marios Matsakis, on behalf of
Verts/ALE Group, Leopold Józef Rutowicz, on behalf of the UEN Group, Johannes Blokland, on behalf of
the IND/DEM Group, Jim Allister, Non-attached Member, Richard Seeber, Karin Scheele, Anne Laperrouze,
Carl Schlyter, Kathy Sinnott and Proinsias De Rossa.

the ALDE Group, Hiltrud Breyer, on behalf of

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Tuesday, 12 December 2006

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.13.

(The sitting was suspended at 11.00 and resumed at 11.30.)

IN THE CHAIR: Josep BORRELL FONTELLES

President

10. Welcome

On behalf of Parliament, the President welcomed members of a delegation from the Afghan Parliament —
led by His Excellency Muhammad Yunus Qanoni, Speaker of the National Assembly of Afghanistan — who
had taken their seats in the distinguished visitors' gallery.

11. Voting time

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

11.1. Appointment of the Bulgarian Commissioner (vote)

DRAFT DECISION B6-0644/2006

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

The following spoke on the appointment of the Bulgarian and Romanian Commissioners: José Manuel
Barroso (President of the Commission), 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, Monica Frassoni, on
behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Brian Crowley, on behalf
of the UEN Group, Jeffrey Titford, on behalf of the IND/DEM Group, and Bruno Gollnisch, Non-attached
Member.

Adopted (P6_TA(2006)0529)

11.2. Appointment of the Romanian Commissioner (vote)

DRAFT DECISION B6-0645/2006

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

Adopted (P6_TA(2006)0530)

12. Award of the Sakharov Prize (Formal sitting)

From 12.00 to 12.30, a formal sitting of Parliament was held on the occasion of the award of the Sakharov
Prize to Alexander Milinkevich, leader of the democratic opposition in Belarus.

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Tuesday, 12 December 2006

13. Agenda

IN THE CHAIR: Gérard ONESTA

Vice-President

The President proposed switching the first two items on the agenda for the afternoon of Wednesday,
13.12.2006, i.e. starting at 15.00 with Council and Commission statements on data protection and then
moving on to the key debate on preparations for the European Council.

The House agreed to the proposal.

The President announced that the report by Jo Leinen entitled ‘Amendment of the Rules of Procedure
(committees, Quaestors)’ (A6-0464/2006) had been adopted in committee on 11.12.2006.

He informed the House that the item would be taken at voting time on Thursday, 14.12.2006. The deadline
for tabling amendments would be Wednesday, 13.12.2006, at 10.00.

*

*

*

The following spoke: Hannes Swoboda and Richard Corbett on the organisation of business.

14. Voting time (continuation)

14.1. Nomination of the Bulgarian Member of the Court of Auditors (Rule 131)

(vote)

Report on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors [C6-0411/2006
— 2006/0811(CNS)] — Committee on Budgetary Control
Rapporteur: José Javier Pomés Ruiz (A6-0442/2006).

(Simple majority)
(Voting record: ‘Results of votes’, Item 3)
(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 3)

PROPOSAL FOR A DECISION
Adopted by single vote (P6_TA(2006)0531)

The following spoke before the vote:

Bruno Gollnisch, on the application of Rule 150(6) (the President replied that only items to be put to the
vote had to be available in all languages).

14.2. Nomination of the Romanian Member of the Court of Auditors (Rule 131)

(vote)

Report on the nomination of Ovidiu Ispir as a Member of the Court of Auditors [C6-0410/2006 —
2006/0812(CNS)] — Committee on Budgetary Control
Rapporteur: Szabolcs Fazakas (A6-0443/2006).

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(Simple majority)
(Voting record: ‘Results of votes’, Item 4)
(Secret ballot. For a list of Members voting, see Roll-call votes Annex, Item 4)

PROPOSAL FOR A DECISION
Adopted by single vote (P6_TA(2006)0532)

14.3. Modalities of Iceland and Norway's participation in the European Agency
for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union * (Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion, on behalf of the European Community, of
an Arrangement between the European Community and the Republic of Iceland and the Kingdom of
Norway on the modalities of
the
Management of Operational Cooperation at the External Borders of the Member States of the European
Union [COM(2006)0178 — C6-0358/2006 — 2006/0063(CNS)] — Committee on Civil Liberties, Justice
and Home Affairs
Rapporteur: Jean-Marie Cavada (A6-0423/2006).

states' participation in the European Agency

those

for

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

DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0533)

14.4. Community action programme
(2007-2013) ***II (Rule 131) (vote)

in the

field of

consumer policy

Recommendation for second reading on the Council common position for adopting a decision of the
European Parliament and of the Council establishing a programme of Community action in the field of
consumer policy (2007-2013) [13241/1/2006 — C6-0420/2006 — 2005/0042(COD)] — Committee on
the Internal Market and Consumer Protection
Rapporteur: Marianne Thyssen (A6-0408/2006).

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

COMMON POSITION OF THE COUNCIL
Marianne Thyssen (rapporteur) made a statement pursuant to Rule 131(4).
Declared approved (P6_TA(2006)0534)

14.5. Prevention, control and eradication of certain transmissible spongiform

encephalopathies ***II (Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a regulation of the
European Parliament and of the Council amending Regulation (EC) No 999/2001 fixing the rules for the
prevention, control and eradication of certain transmissible spongiform encephalopathies [14224/4/2006
— C6-0432/2006 — 2004/0270(COD)] — Committee on the Environment, Public Health and Food Safety
Rapporteur: Dagmar Roth-Behrendt (A6-0445/2006).

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

COMMON POSITION OF THE COUNCIL
Declared approved (P6_TA(2006)0535)

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14.6. Statistical data on landings of fishery products ***II (Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a regulation of the
European Parliament and of the Council on the submission of statistical data on landings of fishery products
in Member States and repealing Council Regulation (EEC) No 1382/91 [14283/1/2006 — C6-0421/2006
— 2005/0223(COD)] — Committee on Fisheries
Rapporteur: Philippe Morillon (A6-0400/2006).

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

COMMON POSITION OF THE COUNCIL
Declared approved (P6_TA(2006)0536)

14.7. Protection of minors and human dignity and the right of reply ***II

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a recommendation of
the European Parliament and of the Council on the protection of minors and human dignity and on the
right of reply in relation to the competitiveness of the European audiovisual and on-line information services
industry [09577/1/2006 — C6-0313/2006 — 2004/0117(COD)] — Committee on Culture and Education
Rapporteur: Marielle De Sarnez (A6-0433/2006).

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

COMMON POSITION OF THE COUNCIL
Declared approved (P6_TA(2006)0537)

14.8. Customs 2013 programme ***I (Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council establishing an action
programme for customs in the Community (Customs 2013) [COM(2006)0201 — C6-0158/2006 —
2006/0075(COD)] — Committee on the Internal Market and Consumer Protection
Rapporteur: Janelly Fourtou (A6-0428/2006).

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0538)

14.9. A paperless environment for customs and trade ***I (Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council on a paperless envir-
onment for customs and trade [COM(2005)0609 — C6-0420/2005 — 2005/0247(COD)] — Committee
on the Internal Market and Consumer Protection
Rapporteur: Christopher Heaton-Harris (A6-0407/2006).

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

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0539)

14.10. Community surveys on the structure of agricultural holdings ***I

(Rule 131) (vote)

Report on the 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)] —
Committee on Budgets
Rapporteur: Janusz Lewandowski (A6-0424/2006).

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

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0540)

14.11. Cooperation between Asset Recovery Offices * (Rule 131) (vote)

Report on the initiative of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland
with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices
of the Member States in the field of tracing and identification proceeds from, or other property related to,
crime [07259/2006 — C6-0122/2006 — 2006/0805(CNS)] — Committee on Civil Liberties, Justice and
Home Affairs
Rapporteur: Mihael Brejc (A6-0388/2006).

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

INITIATIVE, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0541)

14.12. Expenditure in the veterinary field * (Rule 131) (vote)

Report on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veter-
inary field [COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS)] — Committee on Agriculture and
Rural Development
Rapporteur: Ilda Figueiredo (A6-0409/2006).

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION
Adopted by single vote (P6_TA(2006)0542)

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14.13. Protection of groundwater against pollution and deterioration ***III (vote)

text

joint

approved by

Report on the
the
European Parliament and of the Council on the protection of groundwater against pollution and deteriora-
tion (PE-CONS 03658/2006 — C6-0382/2006 — 2003/0210(COD)) — Parliament's delegation to the
Conciliation Committee
Rapporteur: Christa Klaß (A6-0446/2006).

the Conciliation Committee

a directive of

for

(Simple majority for approval)
(Voting record: ‘Results of votes’, Item 15)

JOINT TEXT
Adopted (P6_TA(2006)0543)

14.14. Financing instrument for development cooperation ***II (vote)

Recommendation for second reading on the Council common position for adopting a regulation of the
European Parliament and of the Council establishing a financing instrument for development cooperation
[11944/2/2006 — C6-0357/2006 — 2004/0220(COD)] — Committee on Development
Rapporteur: Gay Mitchell (A6-0448/2006).

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

COMMON POSITION OF THE COUNCIL
Declared approved (P6_TA(2006)0544)

14.15. Community Customs Code ***I (vote)

Report on the proposal for a regulation of the European Parliament and of the Council laying down the
Community Customs Code (Modernised Customs Code)
[COM(2005)0608 — C6-0419/2005 —
2005/0246(COD)] — Committee on the Internal Market and Consumer Protection
Rapporteur: Janelly Fourtou (A6-0429/2006).

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

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0545)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0545)

14.16. Circulation of compound feedingstuffs ***I (vote)

Report on the 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)] — Committee on Agriculture and Rural
Development
Rapporteur: Friedrich-Wilhelm Graefe zu Baringdorf (A6-0411/2006).

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

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0546)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0546)

14.17. Statistics on foreign affiliates ***I (vote)

Report on the proposal for a regulation of the European Parliament and of the Council on Community
statistics on the structure and activity of
foreign affiliates [COM(2005)0088 — C6-0084/2005 —
2005/0016(COD)] — Committee on Economic and Monetary Affairs
Rapporteur: Wolf Klinz (A6-0332/2005).

(Simple majority)
(Voting record: ‘Results of votes’, Item 19)

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0547)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0547)

14.18. Financing instrument for the promotion of democracy and human rights

worldwide ***I (vote)

Report on the 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)] —
Committee on Foreign Affairs
Co-rapporteurs: Hélène Flautre and Edward McMillan-Scott (A6-0376/2006).

The debate had been held on 29.11.2006 (Minutes of 29.11.2006, Item 16).

(Simple majority)
(Voting record: ‘Results of votes’, Item 20)

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0548)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0548)

The following spoke on the vote:

Hélène Flautre (rapporteur) and Edward McMillan-Scott (rapporteur);

Hélène Flautre once more, to move an oral amendment to amendment 147, which was incorporated.

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14.19. Prevention of injury and promotion of safety * (vote)

Report on the proposal for a Council recommendation on the prevention of injury and the promotion of
safety [COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS)] — Committee on the Environment, Public
Health and Food Safety
Rapporteur: Kathy Sinnott (A6-0398/2006).

(Simple majority)
(Voting record: ‘Results of votes’, Item 21)

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0549)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0549)

The following spoke on the vote:

Kathy Sinnott (rapporteur).

14.20. A financing instrument for cooperation with industrialised and other

high-income countries and territories * (vote)

Report on the draft Council Regulation establishing a financing instrument for cooperation with industria-
lised and other high-income countries and territories [11877/2006 — C6-0265/2006 — 2006/0807(CNS)]
— Committee on International Trade
Rapporteur: David Martin (A6-0430/2006).

(Simple majority)
(Voting record: ‘Results of votes’, Item 22)

COMMISSION PROPOSAL
Approved as amended (P6_TA(2006)0550)

DRAFT LEGISLATIVE RESOLUTION
Adopted (P6_TA(2006)0550)

15. 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.

Oral explanations of vote:

Report: Marianne Thyssen — A6-0408/2006:

— Andreas Mölzer

Report: Christa Klaß — A6-0446/2006:

— Andreas Mölzer and Richard Seeber

Report: Gay Mitchell — A6-0448/2006:

— Vytautas Landsbergis

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16. Corrections to votes and voting intentions

Corrections to votes and voting intentions 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 and voting intentions will be finalised
so that it can be translated and published in the Official Journal.

Astrid Lulling had informed the Chair that her voting machine had not worked during the vote on the
report by Szabolcs Fazakas — A6-0443/2006.

Panagiotis Beglitis and Aloyzas Sakalas had informed the Chair that their voting machines had not worked
during the votes on the appointments of the two new Commissioners.

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

IN THE CHAIR: Dagmar ROTH-BEHRENDT

Vice-President

17. Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

18. Coordination of some of
broadcasting ***I (debate)

the Member States' provisions on television

Report on the proposal for a directive of the European Parliament and of the Council amending Council
Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administra-
tive action in Member States concerning the pursuit of television broadcasting activities [COM(2005)0646
— C6-0443/2005 — 2005/0260(COD)] — Committee on Culture and Education
Rapporteur: Ruth Hieronymi (A6-0399/2006).

Viviane Reding (Member of the Commission) spoke.

Ruth Hieronymi introduced the report.

The following spoke: Karsten Friedrich Hoppenstedt (draftsman of the opinion of the ECON Committee),
Heide Rühle (draftsman of the opinion of the IMCO Committee), Jean-Marie Cavada (draftsman of the
opinion of the LIBE Committee), Lissy Gröner (draftsman of the opinion of the FEMM Committee), Erna
Hennicot-Schoepges, on behalf of the PPE-DE Group, Henri Weber, on behalf of the PSE Group, Ignasi
Guardans Cambó, on behalf of the ALDE Group, Helga Trüpel, on behalf of the Verts/ALE Group, Umberto
Guidoni, on behalf of the GUE/NGL Group, Zdzisław Zbigniew Podkański, on behalf of the UEN Group,
József Szájer,
Thomas Wise, on behalf of the IND/DEM Group, Roger Helmer, Non-attached Member,
Catherine Trautmann, Karin Resetarits, Miguel Portas, Johannes Blokland, Syed Kamall, Christa Prets, Sharon
Bowles, Giusto Catania, Manolis Mavrommatis, Åsa Westlund, Patrizia Toia and Marie-Hélène Descamps.

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

The following spoke: Anna Hedh, Ivo Belet, Giovanni Berlinguer, Luis Herrero-Tejedor and Viviane Reding.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.8.

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19. European Union annual report on human rights (debate)

Council and Commission statements: European Union annual report on human rights

Paula Lehtomäki
Commission) made the statements.

(President-in-Office of

the Council) and Benita Ferrero-Waldner

(Member of

the

The following spoke: Gerardo Galeote, on behalf of the PPE-DE Group, Elena Valenciano Martínez-Orozco,
on behalf of the PSE Group, Elizabeth Lynne, on behalf of the ALDE Group, Raül Romeva i Rueda, on
behalf of the Verts/ALE Group, Hanna Foltyn-Kubicka, on behalf of the UEN Group, Kathy Sinnott, on
behalf of the IND/DEM Group, Simon Coveney, Józef Pinior, Marios Matsakis, Eoin Ryan, Richard Howitt,
Jan Tadeusz Masiel, Paula Lehtomäki and Benita Ferrero-Waldner.

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

Marios Matsakis spoke.

Motion for a resolution tabled to wind up the debate pursuant to Rule 103(2):

— Edward McMillan-Scott, José Ignacio Salafranca Sánchez-Neyra and Gerardo Galeote, on behalf of the
PPE-DE Group, Pasqualina Napoletano and Véronique De Keyser, on behalf of the PSE Group, Annemie
Neyts-Uyttebroeck, Marco Cappato and Marco Pannella, on behalf of the ALDE Group, Hélène Flautre,
Raül Romeva i Rueda, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group,
Vittorio Agnoletto, Gabriele Zimmer, Jens Holm, Erik Meijer, Luisa Morgantini and Esko Seppänen, on
behalf of the GUE/NGL Group, Inese Vaidere, Michał Tomasz Kamiński, Adam Bielan and Ryszard
Czarnecki, on behalf of the UEN Group, on the follow-up to the Sakharov Prize (B6-0650/2006).

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.33.

20. Draft general budget for 2007, amended by the Council (all sections) —
the European

Financial Regulation applicable to the general budget of
Communities * — Draft amending budget No 6/2006 (debate)

Report on the draft general budget of the European Union for the financial year 2007 as modified by the
Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and
Letters of amendment Nos: 1/2007 (SEC (2006)0762) — 2/2007 (13886/2006 — C6-0341/2006) —
3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the finan-
cial year 2007

Section I, European Parliament

Section II, Council

Section III, Commission

Section IV, Court of Justice

Section V, Court of Auditors

Section VI, European Economic and Social Committee

Section VII, Committee of the Regions

Section VIII (A), European Ombudsman

Section VIII (B), European Data Protection Supervisor — Committee on Budgets

Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006).

Report on the joint guideline adopted by the Council with a view to adopting 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

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Rapporteur: Ingeborg Gräßle (A6-0447/2006).
Report on Draft amending budget No 6/2006 of the European Union for the financial year 2006 Section III
— Commission [15635/2006 — C6-0441/2006 — 2006/2265(BUD)] — Committee on Budgets

Tuesday, 12 December 2006

Rapporteur: Gianni Pittella (A6-0444/2006).
James Elles and Louis Grech introduced the report (A6-0451/2006).

Ingeborg Gräßle introduced the report (A6-0447/2006).

The following spoke: Ulla-Maj Wideroos (President-in-Office of
(Member of the Commission).

the Council) and Dalia Grybauskaitė

The following spoke: Borut Pahor (draftsman of the opinion of the CONT Committee), Ville Itälä, on
behalf of the PPE-DE Group, Catherine Guy-Quint, on behalf of the PSE Group, Anne E. Jensen, on behalf of
the ALDE Group, Gérard Onesta, on behalf of the Verts/ALE Group, Esko Seppänen, on behalf of the
GUE/NGL Group, Zbigniew Krzysztof Kuźmiuk, on behalf of the UEN Group, Nils Lundgren, on behalf of
the IND/DEM Group, and Sergej Kozlík, Non-attached Member.

Gianni Pittella introduced the report (A6-0444/2006).

The following spoke: Salvador Garriga Polledo, Jutta Haug, Kyösti Virrankoski, Hans-Peter Martin, Janusz
Lewandowski, Neena Gill, Markus Ferber, Paulo Casaca and Antonis Samaras.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

The following spoke: Vladimír Maňka, Jean-Claude Martinez, Ingeborg Gräßle, Catherine Guy-Quint, Paul
Rübig, Richard Corbett, who congratulated the President on the way in which she had chaired the debate,
and Dalia Grybauskaitė.

The debate closed.

Vote: 14.12.2006 and 13.12.2006.

21. Agenda

The Conference of Presidents had submitted a proposal for a decision on the numerical strength of
Parliament's committees (B6-0664/2006).

The item would be included on the agenda at voting time on Thursday, 14.12.2006. The deadline for
tabling amendments would be Wednesday, 13.12.2006 at noon.

(The sitting was suspended at 18.25 pending Question Time and resumed at 18.30.)

22. Question Time (Commission)

Parliament considered a number of questions to the Commission (B6-0448/2006).

Part one

Question 37 (Sharon Bowles): Workers from Romania and Bulgaria.

Olli Rehn (Member of the Commission) answered the question and supplementaries by Sharon Bowles,
Richard Corbett and Alexander Stubb.

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Question 38 (David Martin): Duty-free sales within the new aviation security regulations.

Joe Borg (Member of the Commission) answered the question and supplementaries by David Martin,
Reinhard Rack and Jörg Leichtfried.

Question 39 (Reinhard Rack): Compensation for flight delays.

Joe Borg answered the question and supplementaries by Reinhard Rack, Robert Evans and Richard Seeber.

Part two

Question 40 (Chris Davies): EU measures to end the discard of by-catch.

Joe Borg answered the question and supplementaries by Chris Davies and Jim Allister.

Question 41 had been withdrawn.

Question 42 (Teresa Riera Madurell): Action taken by the Commission on the recommendations set out in
the report on women and fishing.

Joe Borg answered the question and a supplementary by Teresa Riera Madurell.

Questions 43 to 45 would receive written answers.

Question 46 (Lambert van Nistelrooij): Economic and innovative changes of demographic change.

Vladimír Špidla (Member of the Commission) answered the question and supplementaries by Lambert
van Nistelrooij, Danutė Budreikaitė and Andreas Mölzer.

Question 47 (Bernd Posselt): Demography and child-raising salary.

Vladimír Špidla answered the question and a supplementary by Bernd Posselt.

Questions 48 to 53 would receive written answers.

Question 54 (Marc Tarabella): Failure of consumer policy in the internal market.

Markos Kyprianou (Member of the Commission) answered the question and a supplementary by Marc
Tarabella.

Question 55 (Sarah Ludford): GM rice.

Markos Kyprianou answered the question and a supplementary by Sarah Ludford.

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

Commission Question Time closed.

(The sitting was suspended at 19.50 and resumed at 21.00.)

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

23. Establishing the European Globalisation adjustment Fund ***I (debate)

Report on the 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)] —
Committee on Employment and Social Affairs
Rapporteur: Roselyne Bachelot-Narquin (A6-0385/2006).

Vladimír Špidla (Member of the Commission) spoke.

Roselyne Bachelot-Narquin introduced the report.

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The following spoke: Giulietto Chiesa (draftsman of the opinion of the INTA Committee), Esko Seppänen
(draftsman of the opinion of the BUDG Committee), Vladimír Remek (draftsman of the opinion of the
ITRE Committee), Jamila Madeira (draftsman of the opinion of the REGI Committee), Ria Oomen-Ruijten,
on behalf of the PPE-DE Group, Jean Louis Cottigny, on behalf of the PSE Group, Jean Marie Beaupuy, on
behalf of the ALDE Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Ilda Figueiredo, on
behalf of the GUE/NGL Group, José Albino Silva Peneda, Jan Andersson, Ona Juknevičienė, Pierre Jonckheer,
Csaba Őry, Alejandro Cercas, Danutė Budreikaitė, Thomas Mann, Donata Gottardi, Philip Bushill-Matthews,
Brigitte Douay, Iles Braghetto, Gábor Harangozó, Konstantinos Hatzidakis, Nikolaos Vakalis, Ivo Belet and
Vladimír Špidla.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.9.

24. European Institute for Gender Equality ***II (debate)

Recommendation for second reading on the Council common position for adopting a regulation of the
European Parliament and of
the Council establishing a European Institute for Gender Equality
[10351/1/2006 — C6-0314/2006 — 2005/0017(COD)] — Committee on Women's Rights and Gender
Equality
Co-rapporteurs: Lissy Gröner and Amalia Sartori (A6-0455/2006).

Lissy Gröner and Amalia Sartori introduced the recommendation for second reading.

Vladimír Špidla (Member of the Commission) spoke.

The following spoke: Anna Záborská, on behalf of the PPE-DE Group, Zita Gurmai, on behalf of the
the
PSE Group, Danutė Budreikaitė, on behalf of
Verts/ALE Group, Eva-Britt Svensson, on behalf of the GUE/NGL Group, Urszula Krupa, on behalf of the
IND/DEM Group, Marie Panayotopoulos-Cassiotou, Britta Thomsen, Bairbre de Brún, Johannes Blokland,
Teresa Riera Madurell, Pia Elda Locatelli, Lidia Joanna Geringer de Oedenberg, Anna Hedh and Vladimír
Špidla.

the ALDE Group, Hiltrud Breyer, on behalf of

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.18.

25. Type approval of motor vehicles with respect to emissions and access to

vehicle repair information ***I (debate)

Report on the proposal for a regulation of the European Parliament and of the Council on type approval of
motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive
72/306/EEC and Directive …/…/EC [COM(2005)0683 — C6-0007/2006 — 2005/0282(COD)] —
Committee on the Environment, Public Health and Food Safety
Rapporteur: Matthias Groote (A6-0301/2006).

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

Matthias Groote introduced the report.

the opinion of

Ivo Belet (draftsman of

The following spoke:
the ITRE Committee), Anja Weisgerber
(draftsman of the opinion of the IMCO Committee), Bogusław Liberadzki (draftsman of the opinion of the
TRAN Committee), Martin Callanan, on behalf of the PPE-DE Group, Dorette Corbey, on behalf of the
PSE Group, Holger Krahmer, on behalf of
the
Verts/ALE Group, Jens Holm, on behalf of the GUE/NGL Group, Johannes Blokland, on behalf of the
IND/DEM Group,
Jacques Toubon, Péter Olajos, Zita Pleštinská, Richard Seeber, Karsten Friedrich
Hoppenstedt and Günter Verheugen.

the ALDE Group, Rebecca Harms, on behalf of

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.10.

C 317 E/40

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

26. Membership of Parliament

Ole Krarup had given notice in writing of his resignation as Member of Parliament, with effect from
01.01.2007.

Pursuant to Rule 4(1), Parliament established the vacancy as of that date and informed the relevant national
authorities.

27. Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 381.846/OJME).

28. Closure of sitting

The sitting closed at 23.35.

Julian Priestley

Secretary-General

Antonios Trakatellis

Vice-President

23.12.2006

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Official Journal of the European Union

C 317 E/41

ATTENDANCE REGISTER

Tuesday, 12 December 2006

The following signed:

Agnoletto, Aita, Albertini, Allister, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Arif, Arnaoutakis,
Ashworth, Assis, Atkins, 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, 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, Buitenweg, Bullmann,
van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas
Santos, Carlotti, Carlshamre, 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, Cornillet, Correia,
Costa, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki,
Daul, Davies, De Blasio, de Brún, Degutis, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez,
Descamps, Désir, Deß, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez
González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko,
Duchoň, Duff, Duka-Zólyomi, Ebner, Ehler, Ek, Elles, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert
Evans, Fajmon, Farage, Fatuzzo, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira,
Figueiredo, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Fourtou, Fraga Estévez, Frassoni,
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, Gobbo, Goebbels, Goepel, Golik, Gollnisch,
Gomes, Gomolka, Gottardi, Goudin, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, de Grandes
Pascual, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Guardans Cambó,
Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein,
Hamon, Handzlik, Hannan, Harangozó, Harbour, Harms, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris,
Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz
García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Holm, Honeyball, Hoppenstedt, Horáček, Howitt,
Hudacký, Hudghton, Hughes, Hutchinson, Ibrisagic, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson,
Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer,
Jordan Cizelj, Juknevičienė, 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, Krahmer, Krarup,
Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kušķis,
Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis,
Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lavarra, Lax, Lechner, Le Foll, Lehideux, Lehne,
Lehtinen, Leichtfried, Leinen, Marine Le Pen, Le Rachinel, Lévai, Lewandowski, Liberadzki, Libicki,
Lichtenberger, Lienemann, Liese, Liotard, Lipietz, Locatelli, López-Istúriz White, Losco, Louis, Lucas, Ludford,
Lulling, Lundgren, Lynne, Maat, Maaten, McAvan, McCarthy, McDonald, McGuinness, McMillan-Scott,
Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Mantovani, Markov, Marques,
Martens, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Maštálka, Mastenbroek,
Mathieu, Mato Adrover, 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, Moreno Sánchez, Morgan, Morillon, Moscovici, Mote, Mulder,
Musacchio, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Myller, Napoletano, Nassauer, Nattrass,
Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, Niebler,
van Nistelrooij, Novak, Achille Occhetto, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta,
Onyszkiewicz, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis,
Panayotopoulos-Cassiotou, Panzeri, Papadimoulis, Papastamkos, Parish, Patriciello, Patrie, Peillon, Pęk,
Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirker, Piskorski, Pittella, Pleguezuelos Aguilar,
Pleštinská, Podestà, Podkański, Pöttering, Poignant, Polfer, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi,
Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Rasmussen, Remek,
Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, Rogalski, Roithová,
Romagnoli, Romeva i Rueda, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle,
Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Saks, Salafranca Sánchez-Neyra, Salinas García, Samaras, Samuelsen,
Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savi, Sbarbati, Schaldemose, Schapira, Scheele,
Schenardi, Schierhuber, Schlyter, Olle Schmidt, Schnellhardt, Schöpflin, Schroedter, Schulz, Schuth, Schwab,
Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Simpson, Sinnott, Siwiec, Skinner,
Škottová, Smith, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, 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, Tajani, Takkula, Tannock,
Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis,

C 317 E/42

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23.12.2006

Tuesday, 12 December 2006

Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Valenciano
Martínez-Orozco, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis,
Vatanen, Vaugrenard, Veneto, Ventre, Veraldi, Vergnaud, Vernola, Vidal-Quadras, Vincenzi, Virrankoski,
Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Henri Weber, Manfred Weber, Weiler,
Weisgerber, Westlund, Whittaker, Wieland, Wiersma, Wijkman, Willmott, Wise, von Wogau, Bernard Piotr
Wojciechowski,
Janusz Wojciechowski, Wortmann-Kool, Wurtz, Xenogiannakopoulou, Yañez-Barnuevo
García, Záborská, Zahradil, Zaleski, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zīle,
Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Athanasiu, Bărbuleţiu, Becşenescu, Bliznashki, Buruiană-Aprodu, Ciornei, Cioroianu, Coşea, Corina Creţu,
Gabriela Creţu, Martin Dimitrov, Duca, Dumitrescu, Ganţ, Hogea, Ivanova, Kirilov, Kónya-Hamar, Marinescu,
Mihăescu, Mihalache, Morţun, Paparizov, Parvanova, Paşcu, Podgorean, Popeangă, Sârbu, Severin, Silaghi,
Sofianski, Stoyanov, Szabó, Ţicău, Ţîrle, Vigenin

23.12.2006

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Official Journal of the European Union

C 317 E/43

Tuesday, 12 December 2006

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

+

-

↓

W

adopted

rejected

lapsed

withdrawn

RCV (…, …, …)

roll-call vote (in favour, against, abstentions)

EV (…, …, …)

electronic vote (in favour, against, abstentions)

split

sep

am

CA

CP

D

=

§

art

rec

MOT

JT MOT

SEC

split vote

separate vote

amendment

compromise amendment

corresponding part

deleting amendment

identical amendments

paragraph

article

recital

motion for a resolution

joint motion for a resolution

secret ballot

1. Appointment of the Bulgarian Commissioner

Draft decision: B6-0644/2006

Subject

Am No

Author

vote: draft decision

RCV, etc.

RCV

Vote

+

RCV/EV — remarks

583, 21, 28

Roll-call vote: Rule 99(4)

2. Appointment of the Romanian Commissioner

Draft decision: B6-0645/2006

Subject

Am No

Author

vote: draft decision

RCV, etc.

RCV

Vote

+

RCV/EV — remarks

595, 16, 29

Roll-call vote: Rule 99(4)

C 317 E/44

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Official Journal of the European Union

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Tuesday, 12 December 2006

3. Appointment of the Bulgarian member of the Court of Auditors

Report: José Javier POMÉS RUÍZ (A6-0442/2006)

Subject

Am No

Author

RCV, etc.

vote: proposal for a decision

4. Appointment of the Romanian member of the Court of Auditors

Report: Szabolcs FAZAKAS (A6-0443/2006)

Subject

Am No

Author

RCV, etc.

vote: proposal for a decision

Vote

+

Vote

+

RCV/EV — remarks

Secret ballot
(Rule 162(1))
561, 32, 38

RCV/EV — remarks

Secret ballot
(Rule 162(1))
356, 229, 51

5. Modalities of Iceland and Norway's participation in the European Agency for
the Management of Operational Cooperation at the External Borders of the
Member States of the European Union *

Report: Jean-Marie CAVADA (A6-0423/2006)

Subject

single vote

RCV, etc.

Vote

+

RCV/EV — remarks

6. Community

action

programme

in

the

field

of

consumer

policy

(2007-2013) ***II

Recommendation for second reading: Marianne THYSSEN (A6-0408/2006)

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

7. Prevention, control and eradication of certain transmissible spongiform

encephalopathies ***II

Recommendation for second reading: Dagmar ROTH-BEHRENDT (A6-0445/2006)

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

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Tuesday, 12 December 2006

8. Statistical data on landings of fishery products ***II

Report: Philippe MORILLON (A6-0400/2006)

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

9. Protection of minors and human dignity and the right of reply ***II

Recommendation for second reading: Marielle DE SARNEZ (A6-0433/2006)

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

10. Customs 2013 programme ***I

Report: Janelly FOURTOU (A6-0428/2006)

Subject

single vote

RCV, etc.

11. A paperless environment for customs and trade ***I

Report: Christopher HEATON-HARRIS (A6-0407/2006)

Subject

single vote

RCV, etc.

Vote

+

Vote

+

12. Community surveys on the structure of agricultural holdings ***I

Report: Janusz LEWANDOWSKI (A6-0424/2006)

Subject

single vote

RCV, etc.

13. Cooperation between Asset Recovery Offices *

Report: Mihael BREJC (A6-0388/2006)

Subject

single vote

RCV, etc.

Vote

+

Vote

+

RCV/EV — remarks

RCV/EV — remarks

RCV/EV — remarks

RCV/EV — remarks

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Tuesday, 12 December 2006

14. Expenditure in the veterinary field *

Report: Ilda FIGUEIREDO (A6-0409/2006)

Subject

single vote

RCV, etc.

Vote

+

RCV/EV — remarks

15. Protection of groundwater against pollution and deterioration ***III

Report: Christa KLAß (A6-0446/2006)

Subject

Am No

Author

RCV, etc.

vote: joint text

16. Financing instrument for development cooperation ***II

Recommendation for second reading: (qualified majority)

Gay MITCHELL (A6-0448/2006)

Subject

text as a whole

Am No

2, 3, 1

Author

RCV, etc.

MITCHELL and others

Common position

17. Community Customs Code ***I

Report: Janelly FOURTOU (A6-0429/2006)

Subject

Amendments by the committee
responsible — block vote

Article 11, after § 2

Article 15

After Article 125

Am No

1-13
15-17
20-23
25-26
28-33
36-56

14

57

18

19

58

vote: amended proposal

vote: legislative resolution

Author

RCV, etc.

Committee

Committee

PPE-DE

Committee

Committee

PPE-DE

EV

RCV/EV — remarks

RCV/EV — remarks

Declared approved

RCV/EV — remarks

281, 337, 16

Vote

+

Vote

-

Vote

+

+

W

+

↓

-

+

+

Amendments 24, 27, 34 and 35 did not concern all language versions and were therefore not put to the
vote (Rule 151(1)(d)).

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18. Circulation of compound feedingstuffs ***I

Report: Friedrich-Wilhelm GRAEFE ZU BARINGDORF (A6-0411/2006)

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee
responsible — separate vote

After recital 1

After recital 2

After recital 3

2

4

5=
11=
14=

1

16

7=
13=

8

3

9=
12=
15=

Committee

Committee

ALDE
PPE-DE
Verts/ALE

Committee

Verts/ALE

ALDE
PPE-DE

ALDE

Committee

ALDE
PPE-DE
Verts/ALE

vote: amended proposal

vote: legislative resolution

Amendments 6 and 10 were inadmissible.

Requests for separate votes

Verts/ALE: ams 2 and 4

PPE-DE: am 4

ALDE: am 4

19. Statistics on foreign affiliates ***I

Report: Wolf KLINZ (ex-Letta) (A6-0332/2005)

Subject

Block 1 —
compromise

Block 2 —
amendments by the committee
responsible

Am No

16-49

1-2
4-15

Author

ALDE

Committee

sep

sep

+

-

+

↓

-

+

-

-

+

+

+

RCV, etc.

Vote

RCV/EV — remarks

+

↓

+

+

615, 13, 20

vote: amended proposal

vote: legislative resolution

RCV

Amendment 3 did not concern all language versions and was therefore not put to the vote (Rule 151(1)(d)).

Requests for roll-call votes

PPE-DE: final vote

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Tuesday, 12 December 2006

20. Financing instrument for the promotion of democracy and human rights

worldwide ***I

Report: Hélène FLAUTRE/Edward MCMILLAN-SCOTT (A6-0376/2006)

Subject

Block 1 —
compromise package

Block 2

Article 2, § 1, point (a)

Am No

101-109
111-116
118-145
146
147

1-100

148

117

vote: amended proposal

vote: legislative resolution

Amendment 110 had been withdrawn.

Miscellaneous

RCV/EV — remarks

am 147
oral amendment

Author

RCV, etc.

Verts/ALE, PPE-DE
Verts/ALE
Verts/ALE

Committee

PPE-DE

Verts/ALE, PPE-DE

Vote

+

↓

W

+

+

+

Hélène Flautre moved the following oral amendment to amendment 147:

‘Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all
external assistance financing instruments, Community assistance under this Regulation will have a
specific complementary and additional role by virtue of its global nature and its independence of action
from the consent of third country governments and other public authorities. This makes possible
cooperation with civil society on sensitive human rights and democracy issues, including migrants'
enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the
flexibility to respond to changing circumstances or to support innovation. It also provides a Community
capacity to articulate and support specific objectives and measures at international
level, which are
neither geographically linked nor crisis related, which may require a transnational approach or involve
operations both within the Community and in a range of third countries. It provides the necessary
framework for operations such as support to independent EU Election Observation Missions requiring
policy coherence, a unified management system and common operating standards;’

21. Prevention of injury and the promotion of safety *

Report: Kathy SINNOTT (A6-0398/2006)

Subject

Amendments by the committee
responsible — block vote

Amendments by the committee
responsible — separate vote

Recommendation to the
Commission, after point 3

After recital 5

Am No

1-3
5-28

4

29

30

vote: amended proposal

vote: legislative resolution

Author

RCV, etc.

Vote

RCV/EV — remarks

Committee

Committee

sep

ALDE

ALDE

+

+

W

W

+

+

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Tuesday, 12 December 2006

Requests for separate votes

IND/DEM: am 4

22. A financing instrument

for cooperation with industrialised and other

high-income countries and territories *

Report: David MARTIN (A6-0430/2006)

Subject

Amendments by the committee
responsible — block vote

Am No

1-32

vote: amended proposal

vote: legislative resolution

Author

RCV, etc.

Vote

RCV/EV — remarks

Committee

+

+

+

C 317 E/50

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Tuesday, 12 December 2006

ANNEX II

RESULT OF ROLL-CALL VOTES

1. B6-0644/2006 — Appointment of the Bulgarian Commissioner

Decision

For: 583

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

Jensen,

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guidoni, Holm, Kaufmann,
Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Portas,
Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Piotrowski, Rogalski,
Sinnott, Zapałowski, Železný

NI: Baco, Battilocchio, Belohorská, Bobošíková, Kozlík, Rivera

Itälä,

Ibrisagic,

PPE-DE: Albertini, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey,
Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta,
Bushill-Matthews, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld,
Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac,
Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň,
Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín,
Duka-Zólyomi, Ebner, Elles, Eurlings, Evans
Florenz, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo,
Gaubert, Gauzès, Gawronski, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle,
Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis,
Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt,
Hudacký, Hybášková,
Jeggle,
Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch,
Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries,
Lauk,
Lulling, Maat, McGuinness,
McMillan-Scott, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja,
Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler,
van Nistelrooij, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký,
Panayotopoulos-Cassiotou,
Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt,
Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig,
Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab,
Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre,
Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden,
Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred,
Weisgerber, Wieland, Wijkman, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec,
Zvěřina, Zwiefka

López-Istúriz White,

Iturgaiz Angulo,

Jarzembowski,

Lewandowski,

Jałowiecki,

Lechner,

Jackson,

Járóka,

Lehne,

Liese,

Pack,

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová,
Berès, 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, Désir, De Vits, Díez González, Dobolyi,
Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt,
Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner,
Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes,
Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler,
Hutchinson,
Kuc, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann,
Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka,
Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller,

Jöns,

23.12.2006

EN

Official Journal of the European Union

C 317 E/51

Tuesday, 12 December 2006

Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk,
Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček,
Roure, Sacconi, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström,
Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi,
Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker,
Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott,
Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka,
Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Podkański, Ryan,
Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

Evans

ALDE: Mohácsi

GUE/NGL: Henin

Against: 21

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

NI: Allister, Chruszcz, Giertych, Kilroy-Silk, Martin Hans-Peter, Mote, Wojciechowski Bernard Piotr

PSE: Roth-Behrendt

UEN: Camre

Verts/ALE: Beer

Abstention: 28

GUE/NGL: Manolakou, Pflüger, Rizzo, Toussas, Wagenknecht

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

NI: Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez,
Mölzer, Schenardi, Vanhecke

PPE-DE: Callanan, Mann Thomas

UEN: Kamiński

Verts/ALE: van Buitenen, Joan i Marí, Onesta

Corrections to votes

For

Michael Gahler, Panagiotis Beglitis, Aloyzas Sakalas

2. B6-0645/2006 — Appointment of the Romanian Commissioner

Decision

For: 595

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Cavada,
Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff,
Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld,
Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze,
Jäätteenmäki,

Jensen,

C 317 E/52

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn,
Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer,
Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx,
Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis, Watson

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Holm,
Kaufmann, Kohlíček, Liotard, McDonald, Markov, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis,
Portas, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Piotrowski, Rogalski,
Sinnott, Zapałowski, Železný

NI: Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Giertych, Kozlík, Rivera, Wojciechowski Bernard
Piotr

Itälä,

Iturgaiz Angulo,

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

Jarzembowski,

Jałowiecki,

Jackson,

Járóka,

Jeggle,

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová,
Berès, 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, Désir, De Vits, Díez González, Dobolyi,
Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt,
Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner,
Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes,
Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc,
Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli,
McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka,
Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller,
Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk,
Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe,
Rouček, Roure, Sacconi, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz,
Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna,
Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Valenciano Martínez-Orozco, Van Lancker,
Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott,
Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta,
Foltyn-Kubicka,
Janowski, Kamiński, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Masiel, Muscardini,
Ó Neachtain, Podkański, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

23.12.2006

EN

Official Journal of the European Union

C 317 E/53

Against: 16

Tuesday, 12 December 2006

GUE/NGL: Henin, Krarup

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

NI: Allister, Kilroy-Silk, Martin Hans-Peter, Mote

UEN: Camre

Abstention: 29

GUE/NGL: Manolakou, Pflüger, Rizzo, Toussas, Wagenknecht

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

NI: Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez,
Mölzer, Schenardi, Vanhecke

PPE-DE: Callanan, Klamt, Lauk, Mann Thomas

PSE: Roth-Behrendt

Verts/ALE: van Buitenen, Onesta

Corrections to votes

For

Panagiotis Beglitis, Aloyzas Sakalas

3. Report: Pomés Ruiz A6-0442/2006 — Secret ballot

Decision

Jensen,

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada,
Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff,
Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld,
Jäätteenmäki,
Juknevičienė, 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, Piskorski, Polfer,
Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska,
Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis,
Watson

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

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Grabowski,
Karatzaferis, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Titford, Tomczak,
Whittaker, Wise, Zapałowski, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gobbo,
Gollnisch, Helmer, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote,
Rivera, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

C 317 E/54

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, 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, Castiglione, del Castillo Vera,
Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva,
De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň,
Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín,
Fjellner, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani,
Garriga Polledo, 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, Hybášková,
Járóka,
Itälä,
Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, 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, McGuinness, McMillan-Scott, Mann Thomas,
Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja,
Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler,
van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou,
Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf, Posselt,
Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig,
Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab,
Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček,
Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis,
Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred,
Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà,
Zatloukal, Zieleniec, Zvěřina, Zwiefka

Iturgaiz Angulo,

Jałowiecki,

Ibrisagic,

Jackson,

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis,
Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, 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, Désir, De Vits, Díez González, Douay, Estrela, Ettl,
Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg,
Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Guy-Quint, Hänsch,
Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns,
Jørgensen,
Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis,
Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy,
Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega,
Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano,
Navarro, Öger, Paasilinna, Pahor, Patrie, Peillon, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud,
Riera Tarand, Titley, Van Lancker,Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi,
Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström,
Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi,
Tarabella, Tarand, Titley, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler,
Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard,
Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis,
Masiel, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

4. Report: Fazakas A6-0443/2006 — Secret ballot

Decision

Jensen,

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada,
Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff,
Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld,
Jäätteenmäki,
Juknevičienė, 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, Piskorski, Polfer,
Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska,
Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis,
Watson

23.12.2006

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Official Journal of the European Union

C 317 E/55

Tuesday, 12 December 2006

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

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Grabowski,
Karatzaferis, Krupa, Louis, Lundgren, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Titford, Tomczak,
Whittaker, Wise, Zapałowski, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gobbo,
Gollnisch, Helmer, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote,
Rivera, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, 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, Castiglione, del Castillo Vera,
Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß,
Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover,
Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber,
Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil,
Gargani, Garriga Polledo, 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, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka,
Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, 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, Maat, McGuinness, McMillan-Scott,
Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer,
Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson,
Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-
Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pirker, Pleštinská, Poettering, Pomés Ruiz, Posdorf,
Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig,
Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab,
Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček,
Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis,
Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vlasák, Vlasto, Weber Manfred,
Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà,
Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis,
Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, 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, Désir, De Vits, Díez González, Douay, Estrela, Ettl,
Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt, Geringer de Oedenberg,
Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Guy-Quint, Hänsch,
Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns,
Jørgensen,
Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel, Lambrinidis,
Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy,
Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega,
Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano,
Navarro, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Pinior, Pittella, Poignant, Prets, Rapkay,
Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas,
Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Simpson,
Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella,
Tarand, Thomsen, Titley, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler,
Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard,
Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis,
Masiel, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

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

C 317 E/56

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

5. Report: Klinz A6-0332/2006

Resolution

For: 615

Jensen,

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cavada,
Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Dičkutė, Drčar Murko, Duff,
Ek, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld,
Juknevičienė, Klinz, Koch-Mehrin, Krahmer, Kułakowski, Lambsdorff, Laperrouze,
Jäätteenmäki,
Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn,
Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Piskorski, Polfer,
Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska,
Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis,
Watson

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

IND/DEM: Belder, Blokland, Bonde, Goudin, Grabowski, Karatzaferis, Lundgren, Pęk, Rogalski, Sinnott,
Zapałowski

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Giertych, Helmer, Martin Hans-Peter, Rivera,
Wojciechowski Bernard Piotr

PPE-DE: Albertini, Ashworth, Atkins, Audy, Ayuso, 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, De Blasio, Demetriou, Descamps, Deß,
Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover,
Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber,
Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, García-Margallo y
Marfil, Gargani, Garriga Polledo, 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, Hybášková, 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, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu,
Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell,
Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten,
Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pirker, Pleštinská,
Poettering, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová,
Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt,
Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, Šťastný, Stauner,
Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis,
Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vernola, Vidal-Quadras, Vlasák,
Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil,
Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Assis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beglitis,
Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, 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, Désir, De Vits, Díez González, Dobolyi,
Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, Gebhardt,
Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote,
Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson,
Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Laignel,
Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Lienemann, Locatelli, McAvan,
McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka,
Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Moscovici, Muscat, Myller,
Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon,

23.12.2006

EN

Official Journal of the European Union

C 317 E/57

Tuesday, 12 December 2006

Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati,
Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos,
Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto,
Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi,
Valenciano Martínez-Orozco, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler,
Westlund, Wiersma, Willmott, Xenogiannakopoulou, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard,
Didžiokas, Foglietta, Foltyn-Kubicka,
Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki,
Maldeikis, Masiel, Muscardini, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Tatarella, Vaidere,
Wojciechowski Janusz, Zīle

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

IND/DEM: Bloom, Booth, Clark, Coûteaux, Farage, Nattrass, Piotrowski, Titford, Tomczak, Whittaker, Wise,
Železný

Against: 13

NI: Mote

GUE/NGL: Manolakou, Toussas

IND/DEM: Krupa, Louis

Abstention: 20

NI: Allister, Baco, Borghezio, Claeys, Dillen, Gobbo, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel,
Martinez, Mölzer, Schenardi, Vanhecke

Verts/ALE: van Buitenen

C 317 E/58

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

TEXTS ADOPTED

P6_TA(2006)0529

Nomination of the Bulgarian Commissioner

European Parliament decision approving the appointment of Mrs Meglena Kuneva, the new Member
of the Commission nominated by the Republic of Bulgaria

The European Parliament,

— having regard to the Act concerning the conditions of accession of the Republic of Bulgaria, and in par-

ticular Article 45 thereof,

— having regard to the candidate nominated by the acceding Member State, namely Mrs Meglena Kuneva,

with a view to her appointment as a Member of the Commission,

— having regard to the hearing of the candidate held on 27 November 2006,

— having regard to the Council's intention to appoint the new Member of the Commission, by common
accord with the President of the Commission, as of the date of accession, namely 1 January 2007,
as indicated in the letter sent by the Council
the European Parliament on
31 October 2006,

to the President of

— having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on
European Union and to the Treaties establishing the European Communities, in particular Article 4(4)
thereof,

— having regard to Rule 99 of its Rules of Procedure,

A. recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European

Community,

B.

in view of the outcome of the hearing of the Commissioner designate from the Republic of Bulgaria, as
summarised in the letter of evaluation sent by the Chair of the competent Parliamentary Committee to
the President of the European Parliament, and of the recommendation made by the Conference of
Presidents,

C. whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid
Protocol on enlargement, relating to the composition of the new Commission as from November 2009
in the context of the European Constitutional process,

1. Approves the appointment of the new Member of the Commission, Mrs Meglena Kuneva, for the term
of office remaining until 31 October 2009;

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

2.
of the Member States.

23.12.2006

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Official Journal of the European Union

C 317 E/59

Tuesday, 12 December 2006

P6_TA(2006)0530

Nomination of the Romanian Commissioner

European Parliament decision approving the appointment of Mr Leonard Orban, the new Member
of the Commission nominated by Romania

The European Parliament,

— having regard to the Act concerning the conditions of accession of Romania, and in particular Article 45

thereof,

— having regard to the candidate nominated by the acceding Member State, namely Mr Leonard Orban,

with a view to his appointment as a Member of the Commission,

— having regard to the hearing of the candidate held on 27 November 2006,
— having regard to the Council's intention to appoint the new Member of the Commission, by common
accord with the President of the Commission, as of the date of accession, namely 1 January 2007,
the European Parliament on
as indicated in the letter sent by the Council
31 October 2006,

to the President of

— having regard to the Protocol on the enlargement of the European Union annexed to the Treaty on
European Union and to the Treaties establishing the European Communities, in particular Article 4(4)
thereof,

— having regard to Rule 99 of its Rules of Procedure,

A. recalling the provisions of Article 214(2), third subparagraph, of the Treaty establishing the European

Community,

B.

in view of the outcome of the hearing of the Commissioner designate from Romania, as summarised in
the letter of evaluation sent by the Chair of the competent Parliamentary Committee to the President of
the European Parliament, and of the recommendation made by the Conference of Presidents,

C. whereas it is necessary to activate the procedure referred to in Article 4(2) and (3) of the aforesaid
Protocol on enlargement, relating to the composition of the new Commission as from November 2009
in the context of the European Constitutional process,

1. Approves the appointment of the new Member of the Commission, Mr Leonard Orban, for the term of
office remaining until 31 October 2009;

Instructs its President to forward this decision to the Council, the Commission and the governments of

2.
the Member States.

P6_TA(2006)0531

Nomination of the Bulgarian Member of the Court of Auditors

European Parliament decision on the nomination of Nadezhda Sandolova as a Member of the Court
of Auditors (C6-0411/2006 — 2006/0811(CNS))

The European Parliament,

— having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to

which the Council consulted Parliament (C6-0411/2006),

— whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's
nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the
light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty,

C 317 E/60

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

— having regard to Rule 101 of its Rules of Procedure,
— having regard to the report of the Committee on Budgetary Control (A6-0442/2006);

1. Delivers a favourable opinion on the nomination of Nadezhda Sandolova as a Member of the Court of
Auditors;

Instructs its President to forward this decision to the Council and, for information, the Court of

2.
Auditors, the other institutions of the European Communities and the audit offices of the Member States.

P6_TA(2006)0532

Nomination of the Romanian Member of the Court of Auditors

European Parliament decision on the nomination of Ovidiu Ispir as a Member of the Court of
Auditors (C6-0410/2006 — 2006/0812(CNS))

The European Parliament,

— having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to

which the Council consulted Parliament (C6-0410/2006),

— whereas at its meeting of 28 November 2006 the Committee on Budgetary Control heard the Council's
nominee for membership of the Court of Auditors, and considered the nominee's qualifications in the
light of the criteria laid down by Articles 247(2) of the EC Treaty and 160b(2) of the Euratom Treaty,

— having regard to Rule 101 of its Rules of Procedure,
— having regard to the report of the Committee on Budgetary Control (A6-0443/2006);

1. Delivers a favourable opinion on the nomination of Ovidiu Ispir as a Member of the Court of Auditors;

Instructs its President to forward this decision to the Council and, for information, the Court of

2.
Auditors, the other institutions of the European Communities and the audit offices of the Member States.

P6_TA(2006)0533

Modalities of Iceland and Norway's participation in the European Agency for the
Management of Operational Cooperation at the External Borders of the Members
States of the European Union *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion,
on behalf of the European Community, of an Arrangement between the European Community and
the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation
in the European Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union (COM(2006)0178 — C6-0358/2006 — 2006/0063 (CNS))

(Consultation procedure)

The European Parliament,

— having regard to the proposal for a Council decision (COM(2006)0178) (1),

(1) Not yet published in OJ.

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— having regard to Article 62(2)(a), Article 66 and Article 300(2), first subparagraph, first line, of the

EC Treaty,

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0358/2006),

— having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0423/2006);

1. Approves the conclusion of the Arrangement;

Instructs its President to forward its position to the Council and Commission, and the governments and

2.
parliaments of the Member States, the Republic of Iceland and the Kingdom of Norway.

P6_TA(2006)0534

Community action programme in the field of consumer policy (2007-2013) ***II

European Parliament legislative resolution on the Council common position for adopting a decision
of the European Parliament and of the Council establishing a programme of Community action in
the field of consumer policy (2007-2013) (13241/1/2006 — C6-0420/2006 — 2005/0042B(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (13241/1/2006 — C6-0420/2006),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2005)0115) (2),

— having regard to the amended Commission proposal (COM(2006)0235) (3),

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

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

— having regard to the recommendation for second reading of the Committee on the Internal Market and

Consumer Protection (A6-0408/2006);

1. Approves the common position;

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

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

3.
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;

5.

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

(1) Texts Adopted, 23.3.2006, P6_TA(2006)0107.
(2) Not yet published in OJ.
(3) Not yet published in OJ.

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P6_TA(2006)0535

Prevention,
encephalopathies ***II

control

and eradication of

certain transmissible

spongiform

European Parliament
legislative resolution on the Council common position for adopting a
regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001
laying down rules for the prevention, control and eradication of certain transmissible spongiform
encephalopathies (14224/4/2006 — C6-0432/2006 — 2004/0270B(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (14224/4/2006 — C6-0432/2006) (1),
— having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2004)0775) (3),

— having regard to Article 251(2) of the EC Treaty,
— having regard to Rule 67 of its Rules of Procedure,
— having regard to the recommendation for second reading of the Committee on the Environment, Public

Health and Food Safety (A6-0445/2006);

1. Approves the common position;

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

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

3.
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;

5.

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

(1) Not yet published in OJ.
(2) Texts Adopted, 17.5.2006, P6_TA(2006)0212.
(3) Not yet published in OJ.

P6_TA(2006)0536

Statistical data on landings of fishery products ***II

European Parliament
legislative resolution on the Council common position for adopting a
regulation of the European Parliament and of the Council on the submission of statistical data on
landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91
(14283/1/2006 — C6-0421/2006 — 2005/0223(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (14283/1/2006 — C6-0421/2006),
— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2005)0566) (2),

(1) Texts Adopted, 15.6.2006, P6_TA(2006)0264.
(2) Not yet published in OJ.

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— having regard to Article 251(2) of the EC Treaty,
— having regard to Rule 67 of its Rules of Procedure,
— having regard to the

recommendation for

second reading of

Tuesday, 12 December 2006

the Committee on Fisheries

(A6-0400/2006);

1. Approves the common position;

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

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

3.
EC Treaty;

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have
4.
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.

P6_TA(2006)0537

Protection of minors and human dignity and the right of reply ***II

European Parliament
legislative resolution on the Council common position for adopting a
recommendation of the European Parliament and of the Council on the protection of minors and
human dignity and on the right of reply in relation to the competitiveness of the European
industry (9577/1/2006 — C6-0313/2006 —
audiovisual

information services

and online

2004/0117(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (9577/1/2006 — C6-0313/2006),
— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2004)0341),

— having regard to the amended Commission proposal (COM(2006)0031),
— having regard to Article 251(2) of the EC Treaty,
— having regard to Rule 67 of its Rules of Procedure,
— having regard to the recommendation for second reading of the Committee on Culture and Education

(A6-0433/2006);

1. Approves the common position;

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

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

3.
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;

5.

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

(1) OJ C 193 E, 17.8.2006, p. 217.

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P6_TA(2006)0538

Customs 2013 programme ***I

European Parliament
the European
Parliament and of the Council establishing an action programme for customs in the Community
(Customs 2013) (COM(2006)0201 — C6-0158/2006 — 2006/0075(COD))

legislative resolution on the proposal

for a decision of

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2006)0201) (1),

— having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0158/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on the Internal Market and Consumer Protection and the
opinions of the Committee on Budgets and the Committee on Budgetary Control (A6-0428/2006);

1. Approves the Commission proposal as amended;

2. Considers that the financial envelope indicated in the legislative proposal must be compatible with the
ceiling of heading 1a of the multi-annual financial framework (MFF) and points out that the annual amount
will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the
IIA of 17 May 2006;

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.

(1) Not yet published in OJ.

P6_TC1-COD(2006)0075

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Decision No …/2007/EC of the European Parliament and of the Council establishing
an action programme for customs in the Community (Customs 2013)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

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

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

(1) OJ C 324, 30.12.2006, p. 78.
(2) Position of the European Parliament of 12 December 2006.

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Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

the European Parliament and of

A major objective for the Community over the coming years is the creation of growth and jobs, as
reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in
particular Decision No 253/2003/EC of
the Council of
11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (1)
(hereinafter referred to as ‘Customs 2007’), have significantly contributed to the achievement of that
objective and to the overall objectives of customs policy. It is therefore appropriate to continue activi-
ties commenced under those programmes. A new programme (hereinafter referred to as ‘the
Programme’) should be established for a period of six years to align its duration with that of the
multiannual financial framework contained in the Interinstitutional Agreement of 17 May 2006
between the European Parliament, the Council and the Commission on budgetary discipline and
sound financial management (2).

Customs administrations play a vital role in protecting the interests of the Community, particularly its
financial interests. They also provide an equivalent level of protection to the citizens and economic
operators of the Community at any point in the Community customs territory where customs clear-
ance formalities are carried out. In this context, the strategic policy defined by the Customs Policy
Group has aimed at ensuring that national customs administrations operate as efficiently and effec-
tively and react to any requirement arising from a changing customs environment as would one
single administration. It is therefore important that the Programme is consistent and supportive of
the overall customs policy and that the Customs Policy Group, comprising the Commission and the
heads of customs administrations of the Member States or their representatives, is supported under
the Programme. The implementation of the Programme should be coordinated and organised by the
Commission and the Member States within the common policy developed by the Customs Policy
Group.

There is a need for action in the customs field to give priority to improving controls and anti-fraud
activities, to minimising the cost of compliance with customs legislation for economic operators, to
ensuring an efficient management of the control of goods at the external borders and to protecting
citizens of the European Union as regards the safety and security of the international supply chain.
The Community should therefore be able, within the framework of its own powers, to support the
action of customs administrations of Member States and full advantage should be taken of every
possibility for administrative cooperation and mutual administrative assistance provided for by
Community rules.

In order to support the accession process of candidate countries, the customs administrations of
those countries should be given the necessary backing to be able to undertake the full range of tasks
required under Community legislation from the date of their accession, including the management of
future external borders. Therefore, the Programme should be open to candidate and potential candi-
date countries.

In order to support customs reforms in countries participating in the European Neighbourhood
Policy, it is appropriate to provide for the possibility, under certain conditions, of their participation
in selected activities of the Programme.

The increasing globalisation of trade, the development of new markets, and changes in the methods
the movement of goods, require customs administrations to strengthen relations
and speed of
between themselves, as well as with business, legal and scientific circles, or other operators engaged
in foreign trade. The Programme should provide the opportunity for persons representing those
circles or entities to participate in activities of the Programme, where appropriate.

The trans-European computerised secure communication and information exchange systems financed
under Customs 2007 are essential for the operation of customs within the Community and for the
exchange of information between customs administrations and should therefore continue to be
supported under the Programme.

(1) OJ L 36, 12.2.2003, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).
(2) OJ C 139, 14.6.2006, p. 1.

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(8)

(9)

(10)

The experience gained by the Community from previous customs programmes has shown that
bringing officials from different national administrations together in professional activities using tools
such as benchmarking, project groups, seminars, workshops, working visits, training activities and
monitoring actions contributes to a large extent to the achievement of the objectives of those
programmes. Those activities should therefore be continued, while it should be made possible to
develop new tools when required to respond even more effectively to needs which may arise.

Customs officials need a sufficient standard of linguistic competence to cooperate and participate in
the Programme. It should be the responsibility of the participating countries to provide the necessary
language training for their officials.

The mid-term evaluation of Customs 2007 confirmed the need to organise the information sharing
and knowledge exchange between administrations and between administrations and the Commission
in a more structured way, as well as the consolidation of knowledge gained during programme
events. Therefore, under the Programme particular attention should be paid to information sharing
and knowledge management.

(11) Although the primary responsibility for achieving the objectives of the Programme lies with the parti-
cipating countries, Community action is needed for the coordination of the activities pursued under
the Programme as well as for the provision of the infrastructure and the necessary stimulus.

(12)

(13)

(14)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can
therefore, by reason of the scale and the effect 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 Decision does not go beyond what is necessary in order to achieve those objectives.

This Decision establishes a financial envelope for the entire duration of the Programme, which is to
constitute the prime reference amount for the budgetary authority, within the meaning of Point 37 of
the Interinstitutional Agreement of 17 May 2006.

The measures necessary for the implementation of this Decision should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1),

HAVE ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Establishment of the Programme

1.
A multiannual action programme for customs in the Community (Customs 2013), hereinafter referred
to as ‘the Programme’, is hereby established for the period from 1 January 2008 to 31 December 2013 to
support and complement action undertaken by Member States in ensuring the effective functioning of the
internal market in the customs field.

2.

The programme shall consist of the following activities:

(a) communication and information-exchange systems;

(b) benchmarking;

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(c) seminars and workshops;

(d) project groups and steering groups;

(e) working visits;

(f)

training activities;

(g) monitoring actions;

(h) any other activities required for the realisation of the objectives of the programme.

Article 2

Definitions

For the purpose of this Decision the following definitions shall apply:

1) ‘administration’ means the public authorities and other bodies in the participating countries which are

responsible for administering customs and customs related activities;

2) ‘official’ means a member of an administration.

Article 3

Participation in the Programme

1.

2.

Participating countries are the Member States and the countries referred to in paragraph 2.

The Programme shall be open to the participation of any of the following:

(a) candidate countries benefiting from a pre-accession strategy, in accordance with the general principles
and general terms and conditions for the participation of those countries in Community programmes
established in the relevant Framework Agreement and Association Council Decisions;

(b) potential candidate countries,

in accordance with provisions to be determined with those countries
following the establishment of Framework Agreements concerning their participation in Community
programmes.

The Programme may also be open to the participation of certain partner countries of the European
3.
Neighbourhood Policy if these countries have reached a sufficient level of approximation of the relevant
legislation and administrative methods to those of the Community, and in accordance with provisions to be
determined with those countries following the establishment of Framework Agreements concerning their
participation in Community programmes.

4.

Participating countries shall be represented by officials from the relevant administration.

Article 4

Overall objectives

1.

The Programme shall be designed to ensure that the following overall objectives are met:

(a) ensuring that customs activities match the needs of the internal market, including supply chain security

and trade facilitation, as well as support the strategy for growth and jobs;

(b) the interaction and performance of the duties of Member States' customs administrations as efficiently
as though they were one administration, ensuring controls with equivalent results at every point of the
Community customs territory and the support of legitimate business activity;

(c)

the necessary protection of the financial interests of the Community;

(d) strengthening security and safety;

(e) preparing the countries referred to in Article 3(2) for accession, including by means of the sharing of

experience and knowledge with the customs administrations of those countries.

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2.
The common approach regarding customs policy shall continuously be adapted to new developments
in partnership between the Commission and the Member States in the Customs Policy Group, comprising
the Commission and the heads of customs administrations of the Member States or their representatives.
The Commission shall keep the Customs Policy Group regularly informed of measures relating to the imple-
mentation of the Programme.

Article 5

Specific objectives

The specific objectives of the Programme shall be the following:

(a)

to reduce the administrative burden and the cost of compliance for economic operators by improving
the standardisation and simplification of customs systems and controls, and to maintain open and trans-
parent cooperation with commercial actors;

(b) to identify, develop and apply best working practices, in particular in the areas of pre- and post-clearance

audit control, risk analysis, customs controls and simplified procedures;

(c)

to maintain a system for measuring the performance of Member States' customs administrations to
improve their efficiency and effectiveness;

(d) to support actions to prevent irregularities, in particular through the rapid provision of information on

risks to front line customs posts;

(e)

(f)

to ensure a uniform and unambiguous tariff classification in the Community, in particular by improving
coordination and cooperation between laboratories;

to support the creation of a pan-European electronic customs environment through the development of
inter-operable communication and information exchange systems coupled with the necessary legislative
and administrative changes;

(g) to maintain existing communication and information systems and, where appropriate, to develop new

systems;

(h) to undertake actions which will provide support to the customs administrations of countries preparing

for accession;

(i)

(j)

to contribute to the development of high quality customs administrations in third countries;

to improve cooperation between customs administrations of the Member States and third countries, in
particular those of the partner countries of the European Neighbourhood Policy;

(k) to develop and reinforce common training.

Article 6

Work programme

The Commission shall establish a work programme annually in accordance with the procedure referred to in
Article 20(2).

CHAPTER II

PROGRAMME ACTIVITIES

Article 7

Communication and information exchange systems

The Commission and the participating countries shall ensure that the communication and information

1.
exchange systems referred to in paragraph 2 are operational.

2.

The communication and information exchange systems shall be the following:

(a)

the common communications network/common systems interface (CCN/CSI);

(b) the computerised transit system (CTS);

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(c)

the tariff systems, in particular the data dissemination system (DDS), the combined nomenclature (CN),
the information system on the integrated tariff of the Community (TARIC), the European binding tariff
information system (EBTI), the tariff quota and surveillance system (TQS), the suspensions information
system (SUSPENSIONS), the specimen management system (SMS), the information system for processing
procedures (ISPP), the European customs inventory of chemical substances (ECICS) and the registered
exporters system (REX);

(d) the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament
and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (1), including the Community risk management system, the export control
system (ECS), the import control system (ICS) and the system for authorised economic operators (AEO);

(e) any new customs-related communication and information exchange systems,

including electronic
customs systems, established under Community legislation and provided for in the work programme
referred to in Article 6.

The Community components of the communication and information exchange systems shall be the
3.
hardware, software and network connections which are common to all participating countries. The
Commission shall, on behalf of the Community, conclude the necessary contracts to ensure the operational
nature of these components.

4.
The non-Community components of the communication and information exchange systems shall
comprise the national databases forming part of these systems, the network connections between the
Community and non-Community components and such software and hardware as each participating
country deems appropriate for the full operation of those systems throughout its administration. The partici-
pating countries shall ensure that the non-Community components are kept operational and shall ensure
the interoperability of these components with the Community components.

5.
The Commission shall coordinate, in cooperation with the participating countries, those aspects of the
establishment and functioning of the Community and non-Community components of the systems and
infrastructure referred to in paragraph 2 which are necessary to ensure their operability, interconnectivity
and continuous improvement. The Commission and the participating countries shall do everything within
their power to comply with the schedules and deadlines established for that purpose.

The Commission may make CCN/CSI available to other administrations for customs or non-customs

6.
purposes. A financial contribution may be required to cover related costs.

Article 8

Benchmarking

Benchmarking activities in the form of comparisons of working methods, procedures or processes, involving
agreed indicators to identify best practices, may be organised between two or more participating countries.

Article 9

Seminars and workshops

The Commission and the participating countries shall together organise seminars and workshops and ensure
the dissemination of the outcomes of such seminars and workshops.

Article 10

Project groups and steering groups

The Commission, in cooperation with the participating countries, may establish project groups with respon-
sibility for carrying out specific tasks to be completed within a specified time-scale, and steering groups
which shall perform activities of a coordinating nature.

(1) OJ L 117, 4.5.2005, p. 13.

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Article 11

Working visits

1.
Participating countries shall organise working visits for officials. The working visits may not exceed
one month. Each working visit shall be targeted at a particular professional activity and shall be sufficiently
prepared and subsequently evaluated by the officials and administrations concerned. Working visits may be
operational or targeted at specific priority activities.

2.
The participating countries shall enable visiting officials to play an effective role in the activities of the
host administration. To this end, visiting officials shall be authorised to carry out the tasks relating to the
duties entrusted to them. If circumstances so require and, in particular, in order to take account of the
specific requirements of the legal system of each participating country, the competent authorities of the
participating countries may restrict that authorisation.

3.
During the working visit, the civil liability of the visiting official for the performance of his/her duties
shall be treated in the same way as that of officials of the host administration. Visiting officials shall be
bound by the same rules of professional confidentiality as officials of the host administration.

Article 12

Training activities

The participating countries, in cooperation with the Commission, shall facilitate cooperation between

1.
the national training institutions, in particular through:

(a)

the setting of training standards, the development of existing training programmes and, where appro-
priate, the development of existing training modules and new modules using e-learning to provide a
common core of training for officials relating to the full range of customs rules and procedures so as to
enable them to acquire the necessary professional skills and knowledge;

(b) where appropriate, the promotion of and access to training courses in the field of customs for officials
of all participating countries where such courses are provided by a participating country for its own
officials;

(c) where appropriate, the provision of the necessary infrastructure and tools for common e-learning in the

field of customs and in customs training management.

2. Where appropriate, participating countries shall
referred to in point (a) of paragraph 1 in their national training programmes.

integrate the jointly developed e-learning modules

Participating countries shall ensure that their officials receive the initial and continuing training necessary to
acquire common professional skills and knowledge in accordance with the training programmes. Partici-
pating countries shall promote the linguistic training necessary for officials to ascertain a sufficient level of
linguistic competence for participation in the Programme.

Article 13

Monitoring actions

The Commission,

1.
Community customs legislation may be subject to monitoring.

in cooperation with the Member States, shall decide which specific sectors of

2.
Such monitoring shall be carried out by joint teams made up of customs officials from Member States
and Commission officials. Those teams shall, on the basis of a theme-by-theme or regional approach, visit
different points in the Community customs territory where customs administrations carry out their duties.
The teams shall analyse customs practices at national level, identify any difficulties in implementing the rules
and, where appropriate, make suggestions for the adaptation of Community rules and working methods in
order to improve the efficiency of customs actions as a whole. The teams' reports shall be communicated to
the Member States and the Commission.

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Article 14

Participation in activities under the Programme

Tuesday, 12 December 2006

Representatives of international organisations, administrations of third countries and economic operators
and their organisations may take part in activities organised under the Programme wherever this is useful
for the achievement of the objectives referred to in Articles 4 and 5.

Article 15

Information sharing

The Commission, in cooperation with the participating countries, shall develop the sharing of information
resulting from the activities of the Programme.

CHAPTER III

FINANCIAL PROVISIONS

Article 16

Financial framework

The financial envelope for the implementation of the Programme for the period from 1 January 2008

1.
to 31 December 2013 shall be 323 800 000 euro.

Annual appropriations shall be authorised by the budgetary authority within the limits of

the
2.
the Interinstitutional Agreement of
in accordance with Point 37 of
multiannual
17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline
and sound financial management.

framework,

financial

Article 17

Expenditure

The expenditure necessary for

1.
Community and the participating countries in accordance with paragraphs 2 to 5.

the implementation of

the Programme shall be borne by the

2.

(a)

The Community shall bear the following expenditure:

the cost of the acquisition, development,
Community components of
Article 7(3);

installation, maintenance and day-to-day operation of the
the communication and information exchange systems referred to in

(b) the travel and living expenses incurred by officials from the participating countries relating to bench-
marking activities, working visits, seminars and workshops, project groups and steering groups and
training and monitoring actions;

(c)

the organisational costs of seminars and workshops;

(d) the travel and living expenses incurred through the participation of external experts and participants

referred to in Article 14;

(e)

(f)

3.

(a)

the cost of the acquisition, development, installation and maintenance of training systems and modules
insofar as they are common to all participating countries;

the costs of any other activity referred to in point (h) of Article 1(2), up to a ceiling of no more than
5 % of the overall cost of the Programme.

The participating countries shall bear the following expenditure:

the cost of the acquisition, development,
installation, maintenance and day-to-day operation of the
non-Community components of the communication and information exchange systems referred to in
Article 7(4);

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(b) the costs relating to the initial and continuing training of their officials, and in particular their linguistic

training.

The participating countries shall cooperate with the Commission to ensure that appropriations are

4.
used in accordance with the principle of sound financial management.

The Commission shall, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter
referred to as ‘the Financial Regulation’), determine the rules relating to the payment of expenses and shall
communicate them to the participating countries.

The financial allocation for the Programme may also cover expenses relating to preparatory, moni-
5.
toring, control, audit and evaluation activities which are required directly for the management of the
Programme and the achievement of its objectives, and in particular studies, meetings, information and publi-
cation actions, expenses linked to IT networks focusing on information exchange, together with all other
technical and administrative assistance expense that the Commission may incur for the management of the
Programme.

Article 18

Applicability of the Financial Regulation

The Financial Regulation shall be applicable to all subsidies granted in accordance with this Decision within
the meaning of Title VI of the Financial Regulation. In particular, subsidies shall be subject to a prior written
agreement with the beneficiary as set out in Article 108 of the Financial Regulation and on the basis of the
implementing rules adopted in accordance with it, whereby the beneficiary declares its acceptance to have
its utilisation of the appropriations granted audited by the Court of Auditors.

Article 19

Financial Control

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial
control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office
(OLAF), and by the Court of Auditors. Such audits may take place unannounced.

CHAPTER IV

OTHER PROVISIONS

Article 20

Committee

The Commission shall be assisted by the ‘Customs 2013 Committee’

1.
Committee’).

(hereinafter referred as ‘the

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

Article 21

Follow-up

The Programme shall be subject to continuous joint monitoring by the participating countries and the
Commission.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390,

30.12.2006, p. 1).

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Article 22
Mid-term and final evaluations

Tuesday, 12 December 2006

1. Mid-term and final evaluations of the Programme shall be carried out under the responsibility of the
Commission using the reports referred to in paragraph 2 and any other relevant
information. The
Programme shall be evaluated in terms of the objectives set out in Articles 4 and 5.

The mid-term evaluation shall review the results obtained at the half-way point of the duration of the
Programme in terms of effectiveness and efficiency, as well as the continued relevance of the initial objec-
tives of
follow-up and
implementation.

It shall also assess the use of

funding and the progress of

the Programme.

The final evaluation shall concentrate on the effectiveness and efficiency of the activities of the Programme.

2.

The participating countries shall submit the following evaluation reports to the Commission:

(a) before 1 April 2011, a mid-term evaluation report on the Programme's relevance, effectiveness and

efficiency;

(b) before 1 April 2014, a final evaluation report focusing on, inter alia, the Programme's effectiveness and

efficiency.

On the basis of the reports referred to in paragraph 2 and any other relevant information, the

3.
Commission shall submit to the European Parliament and the Council the following evaluation reports:

(a) before 1 August 2011, a mid-term evaluation report, and a communication on the desirability of conti-

nuing the Programme;

(b) before 1 August 2014, a final evaluation report.

Those reports shall be sent to the European Economic and Social Committee and the Committee of the
Regions for their information.

Article 23
Repeal

Decision No 253/2003/EC shall be repealed with effect from 1 January 2008.

However, financial obligations related to actions pursued under that Decision shall continue to be governed
by that Decision until their completion.

Article 24
Entry into force

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

It shall apply from 1 January 2008.

Article 25
Addressees

This Decision is addressed to the Member States.

Done at …, on …

For the European Parliament

The President

For the Council

The President

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Tuesday, 12 December 2006

P6_TA(2006)0539

A paperless environment for customs and trade ***I

European Parliament
the European
Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609
— C6-0420/2005 — 2005/0247(COD))

legislative resolution on the proposal

for a decision of

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2005)0609) (1),

— having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the

Commission submitted the proposal to Parliament (C6-0420/2005),

— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of

the Committee on the Internal Market and Consumer Protection

(A6-0407/2006);

1. Approves the Commission proposal;

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

3.

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

(1) Not yet published in OJ.

P6_TA(2006)0540

Community surveys on the structure of agricultural holdings ***I

European Parliament legislative resolution on the proposal for a regulation of the European
the Council on amending Council Regulation (EEC) No 571/88 on the
Parliament and of
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))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2006)0344) (1),

— having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0217/2006),

— having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Budgets (A6-0424/2006);

(1) Not yet published in OJ.

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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;

3.

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

Tuesday, 12 December 2006

P6_TC1-COD(2006)0112

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Regulation (EC) No …/2006 of the European Parliament and of the Council on
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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 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)

(2)

Council Regulation (EEC) No 571/88 (2) provides for the Member States to be reimbursed up to a
maximum amount per survey, as a contribution to expenses incurred.

In order to carry out the surveys on the structure of agricultural holdings, considerable funding will
be required from the Member States and from the Community to meet the information requirements
of the Community institutions.

(3) With a view to the accession of Bulgaria and Romania and to conducting surveys on the structure of
agricultural holdings in these new Member States in 2007,
it is appropriate to provide for a
maximum Community contribution per survey; this adaptation is needed by reason of accession and
has not been provided for in the Act of Accession.

(4)

This Regulation lays down, for the remainder of the programme, a financial envelope constituting the
prime reference for the budgetary authority during the annual budgetary procedure, within the
meaning of 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),

HAVE ADOPTED THIS REGULATION:

Regulation (EEC) No 571/88 is amended as follows:

1) the following indents are added to the first subparagraph of Article 14(1):

Article 1

‘— 2 000 000 euro for Bulgaria,

— 2 000 000 euro for Romania.’;

(1) Position of the European Parliament of 12 December 2006.
(2) OJ L 56, 2.3.1988, p. 1. Regulation as last amended by Commission Regulation (EC) No 204/2006 (OJ L 34,

7.2.2006, p. 3).

(3) OJ C 139, 14.6.2006, p. 1.

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2) in Article 14, the third, fourth and fifth subparagraphs of paragraph 1 are replaced by the following:

including the appropriations
‘The financial envelope for the implementation of
necessary for the management of the Eurofarm project, shall be set at 20 400 000 euro for the period
2007-2009.

this programme,

The annual appropriations shall be authorised by the budgetary authority within the limits of the finan-
cial framework.’.

Article 2

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

Article 1(1) shall apply as from 1 January 2007.

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

P6_TA(2006)0541

Cooperation between Asset Recovery Offices *

European Parliament legislative resolution on the initiative by the Republic of Austria, the Kingdom
of Belgium and the Republic of Finland with a view to the adoption of a Council
Decision concerning cooperation between Asset Recovery Offices of the Member States in the field
of tracing and identification of proceeds from, or other property related to, crime (7259/2006 —
C6-0122/2006 — 2006/0805(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of

Finland (7259/2006),

— 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

(C6-0122/2006),

— 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

(A6-0388/2006);

1. Approves the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland
as amended;

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;

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4. Calls on the Council to consult Parliament if it intends to amend the initiative by the Republic of
Austria, the Kingdom of Belgium and the Republic of Finland substantially;

Instructs its President to forward its position to the Council and Commission, and the governments of

5.
the Republic of Austria, the Kingdom of Belgium and the Republic of Finland.

Tuesday, 12 December 2006

TEXT PROPOSED BY
THE REPUBLIC OF AUSTRIA, THE KINGDOM OF BELGIUM AND
THE REPUBLIC OF FINLAND

AMENDMENTS
BY PARLIAMENT

Amendment 1

Article 1, paragraph 1 a (new)

1a. Without prejudice to paragraph 1, a Member State
may, insofar as is consistent with national law, set up or
designate two Asset Recovery Offices. Where a Member
State has more than two units having the same powers,
charged with facilitating the tracing and identification of
proceeds of crime, no more than two units may be designated
as national contact points.

Amendment 2

Article 1, paragraph 2

Each Member State shall

2.
indicate the unit which is a
this
national Asset Recovery Office within the meaning of
Article. Member States shall notify this information and any
subsequent changes to the General Secretariat of the Council in
writing. That shall not preclude other units which are charged
the tracing and identification of
with the facilitation of
proceeds of crime from exchanging information under Arti-
cles 3 and 4.

Each Member State shall

2.
indicate the unit which is a
this
national Asset Recovery Office within the meaning of
Article. Member States shall notify this information and any
subsequent changes to the General Secretariat of the Council in
writing. That shall not preclude other units which are charged
the tracing and identification of
with the facilitation of
proceeds of crime from exchanging information under Arti-
cles 3 and 4 with the Asset Recovery Office of another
Member State.

Amendment 3

Article 3, paragraph 1

1.
An Asset Recovery Office may make a request for infor-
mation for a purpose stated in Article 1. To that end it shall
use the procedures provided for under the Framework Decision
on simplifying the exchange of information and intelligence
between law enforcement authorities of the Member States of
the European Union. The grounds of refusal of that Framework
Decision shall apply.

1.
An Asset Recovery Office or other unit in a Member
State having the same powers, charged with facilitating the
tracing and identification of assets may make a request for
information for a purpose stated in Article 1. To that end it
shall use the procedures provided for under the Framework
information and
Decision on simplifying the exchange of
intelligence between law enforcement authorities of
the
Member States of the European Union. The grounds of refusal
of that Framework Decision shall apply.

Amendment 4

Article 4, paragraph 1

1.
the
Asset Recovery Offices may, within the limits of
applicable national law and without a request to that effect,
exchange information which they consider necessary for the
execution of the tasks of another Asset Recovery Office in
pursuance of
this Decision as stated in
Article 1.

the purposes of

1.
Asset Recovery Offices or other units in a Member State
having the same powers, charged with facilitating the tracing
and identification of assets may, within the limits of
the
applicable national
law and without a request to that effect,
exchange information which they consider necessary for the
execution of the tasks of another Asset Recovery Office in
pursuance of
this Decision as stated in
Article 1.

the purposes of

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Tuesday, 12 December 2006

TEXT PROPOSED BY
THE REPUBLIC OF AUSTRIA, THE KINGDOM OF BELGIUM AND
THE REPUBLIC OF FINLAND

AMENDMENTS
BY PARLIAMENT

Article 5

Amendment 5

Article 5

deleted

Use of information received under this Decision

1.
Information or documents obtained under this Decision
may be used in any proceedings aimed at the freezing, seizure
or confiscation of proceeds of crime or other crime related
property.

2. When transmitting information pursuant
to this
Decision, the transmitting Asset Recovery Office may impose
restrictions and conditions on the use of information. The
receiving Asset Recovery Office shall comply with any such
restrictions and conditions. Such restrictions and conditions
may not relate to the use of information for the purpose of
compensations to victims of the offence in respect of which
the information has been obtained.

P6_TA(2006)0542

Expenditure in the veterinary field *

European Parliament legislative resolution on the 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))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0273) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0199/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0409/2006);

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;

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;

5. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

6.

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

(1) Not yet published in OJ.

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Tuesday, 12 December 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 8 a (new)

(8a) Little is known about the outcome of the programmes
for the eradication, control and monitoring of certain animal
diseases in the various Member States.

Amendment 2

Recital 8 b (new)

(8b) There are different attitudes to and ways of dealing
with the same diseases in various Member States, even neigh-
bouring Member States, and this may affect the efficiency of
the measures taken.

Amendment 3

Recital 8 c (new)

(8c) Particular attention should be paid to emergency situa-
tions, which require the sudden and unforeseeable disburse-
ment of very large financial resources.

Amendment 4

Article 1, point 2
Article 16, point a a (new) (Decision 90/424/EEC)

(aa) Support for actions to disseminate good practices and
encourage the submission of joint programmes by two
or more Member States and border regions, wherever
this is shown to be important for the eradication,
control and monitoring of contagious animal diseases,
including zoonoses;

Amendment 5

Article 1, point 4
Article 24, paragraph 1, subparagraph 2 (Decision 90/424/EEC)

The list in the Annex may be amended in accordance with the
procedure referred to in Article 41, in particular with regard
to emerging animal diseases which pose a risk for animal
health and, indirectly, to public health.

The list in the Annex may be updated only after the European
Parliament and the Council have given their opinion on the
specific matter. In exceptional cases it may be amended in
accordance with the procedure referred to in Article 41,
provided that the amendment relates to emerging animal
diseases which pose a risk to animal health and, indirectly, to
public health.

Amendment 6

Article 1, point 4
Article 24, paragraph 1, subparagraph 2 a (Decision 90/424/EEC)

However, each Member State may, depending on its specific
circumstances, submit national programmes, which shall be
co-financed by the EU, for the eradication, control and moni-
toring of contagious animal diseases and zoonoses.

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Tuesday, 12 December 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 7

Article 1, point 4
Article 24, paragraph 2, subparagraph 1 (Decision 90/424/EEC)

Each year, by 31 March at the latest, Member States shall
submit
to the Commission the annual or multi-annual
programmes starting in the following year for which they wish
to receive a financial contribution from the Community.

the latest, Member States shall
Each year, by 30 April at
submit
to the Commission the annual or multi-annual
programmes starting in the following year for which they wish
to receive a financial contribution from the Community.

Amendment 8

Article 1, point 4
Article 24, paragraph 2, subparagraph 2 (Decision 90/424/EEC)

Programmes submitted after 31 March shall not be eligible for
financing the following year

Programmes submitted after 30 April shall not be eligible for
financing the following year.

Amendment 9

Article 1, point 5
Article 26, paragraph 1 a (new) (Decision 90/424/EEC)

Emergency situations requiring the sudden and unforeseeable
disbursement of very large financial resources shall always be
admissible and shall not be subject to the deadlines referred
to in this Decision.

Amendment 10

Article 1, point 7 a (new)
Article 43 a (Decision 90/424/EEC)

(7a) Article 43a is replaced by the following:

Article 43a

Every four years, the Commission shall submit to the
European Parliament and to the Council a report on the
animal health situation and the cost-effectiveness of the
implementation of programmes in the various Member
States, including details of the criteria adopted.

Amendment 11

Article 2

Council Decision 90/638/EEC is repealed from the date of
taking effect of the Decision laying down the criteria referred
to in the third subparagraph of Article 24(2) of Decision
90/424/EEC and the detailed rules referred to in Article 24(10)
of that Decision.

Council Decision 90/638/EEC is repealed from the date of
taking effect of the Decision laying down the criteria referred
to in the third subparagraph of Article 24(2) of Decision
90/424/EEC and the detailed rules referred to in Article 24(10)
of
that Decision, without prejudice to the opinion of the
European Parliament in the event of modification of the
criteria currently in effect.

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TEXT PROPOSED
BY THE COMMISSION

Amendment 12

Annex, indents 20 a to 20 h (new)

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

— Bovine leucosis
— Newcastle disease
— Aujeszky's disease
— Swine brucellosis
— BHV1
— Maedi-Visna
— Paratuberculosis
— Mycoplasma gallisepticum

P6_TA(2006)0543

Protection of groundwater against pollution and deterioration ***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 the protection of groundwater
against pollution and deterioration (PE-CONS 3658/2006 — C6-0382/2006 — 2003/0210(COD))

(Codecision procedure: third reading)

The European Parliament,

— having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2006 —

C6-0382/2006),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2003)0550) (2) and on the amended Commission proposal (COM(2005)0282),

— 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)0434) (5),

— having regard to Article 251(5) of the EC Treaty,
— having regard to Rule 65 of its Rules of Procedure,
— having regard to the report of its delegation to the Conciliation Committee (A6-0446/2006);

1. Approves the joint text;

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

2.
EC Treaty;

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have
3.
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.

(1) OJ C 45 E, 23.2.2006, p. 15.
(2) Not yet published in OJ.
(3) Texts Adopted, 13.6.2006, P6_TA(2006)0251.
(4) OJ C 126 E, 30.5.2006, p. 1.
(5) Not yet published in OJ.

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P6_TA(2006)0544

Financing instrument for development cooperation ***II

European Parliament
legislative resolution on the Council common position for adopting a
regulation of the European Parliament and of the Council establishing a financing instrument for
development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (11944/2/2006 — C6-0357/2006),
— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2004)0629) (2),

— having regard to the amended Commission proposal (COM(2004)0629/2) (3),
— having regard to Article 251(2) of the EC Treaty,
— having regard to Rule 67 of its Rules of Procedure,
— having regard to the recommendation for second reading of

the Committee on Development

(A6-0448/2006);

1. Approves the common position;

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

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

3.
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;

5.

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

(1) Texts Adopted, 18.5.2006, P6_TA(2006)0217.
(2) Not yet published in OJ.
(3) Not yet published in OJ.

P6_TA(2006)0545

Community Customs Code ***I

European Parliament legislative resolution on the proposal for a regulation of the European
Parliament and of the Council laying down the Community Customs Code (Modernized Customs
Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2005)0608) (1),

— having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the

Commission submitted the proposal to Parliament (C6-0419/2005),

(1) Not yet published in OJ.

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Tuesday, 12 December 2006

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on the Internal Market and Consumer Protection and the

opinion of the Committee on International Trade (A6-0429/2006);

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;

3.

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

P6_TC1-COD(2005)0246

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Regulation (EC) No …/2007 of the European Parliament and of the Council laying
down the Community Customs Code (Modernized Customs Code)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 26, 95, 133
and 135 thereof,

Having regard to Protocol 2 to the Act of Accession of Spain and Portugal, concerning the Canary Islands
and Ceuta and Melilla, and in particular Article 9 (1) 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)

It

is advisable,

The Community is based upon a customs union.
in the interests both of
economic operators and the customs authorities in the Community, to assemble current customs
legislation in a Community Customs Code (hereinafter called ‘the Code’). Based on the concept of an
internal market, the Code should contain the general rules and procedures which ensure the imple-
mentation of the tariff and other common policy measures introduced at Community level in connec-
tion with trade in goods between the Community and countries or territories outside the customs
territory of the Community, taking into account the requirements of those common policies. This
should be without prejudice to specific provisions laid down in other fields as may exist or be intro-
duced in the context, inter alia, of legislation relating to agriculture, the environment, the common
commercial policy, statistics or own resources. Customs legislation should be better aligned on the
provisions relating to the collection of import charges, without change to the scope of the tax provi-
sions in force.

(2)

In accordance with the Communication from the Commission concerning the protection of the
Community's financial interests and the Action Plan for 2004-2005 (3), it is appropriate to adapt the
legal framework for the protection of the financial interests of the Community.

(1) OJ C …
(2) Position of the European Parliament of 12 December 2006.
(3) COM(2004)0544, 9.8.2004.

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Tuesday, 12 December 2006

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs
Code (1), was based upon integration of the customs procedures applied separately in the Member
States during the 1980s. That Regulation has been repeatedly and substantially amended since its
introduction, in order to address specific problems such as the protection of good faith or the taking
into account of security requirements. Further amendments to the Code are necessary as a conse-
quence of the important legal changes which have occurred in recent years, both at Community and
the Treaty establishing the European Coal and Steel
international
Community and the entry into force of the Act of Accession on 1 May 2004, as well as the
Amendment to the International Convention on the simplification and harmonization of customs
procedures (hereinafter referred to as the ‘Kyoto Convention’), the Accession of the Community to
which was approved by Council Decision 2003/231/EC (2). The time has now come to streamline
customs procedures and to take into account the fact that electronic declarations and processing are
the rule and paper-based declarations and processing the exception. For all of these reasons, further
amendment of the present Code is not sufficient; a complete overhaul is necessary.

level, such as the expiry of

The facilitation of legitimate trade and the fight against fraud require simple, rapid and standard
customs procedures and processes. It is therefore appropriate, in line with the Communication from
the Commission on a simple and paperless environment for customs and trade (3), to simplify
customs legislation, so as to allow the use of modern tools and technology and to promote further
the uniform application of customs legislation, thus contributing to ensuring the basis for efficient
and simple clearance procedures. Customs procedures should be merged or aligned and the number
of procedures reduced to those that are economically justified, with a view to increasing the competi-
tiveness of business.

The completion of the internal market, the reduction of barriers to international trade and investment
and the reinforced need to ensure security and safety at the external borders of the Community have
transformed the role of customs, making them a central part of the globalization process and, in the
monitoring and management of international trade, a catalyst to the competitiveness of countries and
companies. Customs legislation should therefore reflect the new economic reality and the new role
and mission of customs.

The use of Information and Communication Technology (hereinafter referred to as ‘IT’) is a key
element in ensuring trade facilitation and, at the same time, the effectiveness of customs controls,
thus reducing costs for business and risk for society. It is therefore necessary to establish the legal
principle that all customs and trade transactions are to be handled electronically and that IT systems
for customs operations offer, in each Member State, the same facilities to economic operators.

Such use of information and communication technologies should be accompanied by harmonisa-
tion of customs checks, which should be effective throughout the Community and should not give
rise to anti-competitive behaviour at the various Community entry and exit points.

In the interests of facilitating business, while at the same time providing for the proper levels of
control of goods brought into or out of the customs territory of the Community, it is appropriate
that the information provided by economic operators is shared, taking account of the relevant data
protection provisions, between customs authorities and with other agencies involved in that control,
such as police, border guards, veterinary and environmental authorities, so that the economic
operator need give the information only once (‘single window’) and that the goods are controlled by
those authorities at the same time and at the same place (‘one stop shop’).

In the interests of facilitating certain types of business, economic operators should continue to have
the right to appoint a representative in their dealings with the customs authorities. However, it
should no longer be possible for this right of representation to be circumscribed under a law laid
down by one of the Member States. Furthermore, the customs representative should be able to be
granted the status of economic operator.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament

and of the Council (OJ L 117, 4.5.2005, p. 13).

(2) OJ L 86, 3.4.2003, p. 21. Decision as amended by Decision 2004/485/EC (OJ L 162, 30.4.2004, p. 113).
(3) COM(2003)0452 final, 24.7.2003.

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(10) Compliant and trustworthy economic operators should, as ‘Authorized Economic Operators’, be able
to take maximum advantage of widespread use of simplification and, taking account of security and
safety aspects, benefit from reduced levels of customs control. They may thus enjoy the status of
‘customs simplification’ authorised economic operator or the status of ‘security and safety’
authorised economic operator. They may be granted one or other status, or both together.

Tuesday, 12 December 2006

(11) All decisions, that is official acts by the customs authorities pertaining to customs legislation and
having legal effect on one or more persons, including binding information issued by those authorities,
should be covered by the same rules. Any such decisions should be valid throughout the Community
and be able to be annulled, amended except where stipulated, or revoked where they do not conform
to the customs legislation or its interpretation.

(12)

(13)

(14)

(15)

In accordance with the Charter of Fundamental Rights, it is necessary, in addition to the right of
appeal against any decision taken by the customs authorities, to provide for the right of every person
to be heard before any decision is taken which would adversely affect him. Such a provision within
the Code should also apply to cases of post-clearance recovery and to decisions on repayment or
remission claims.

The streamlining of customs procedures within an electronic environment requires the sharing of
responsibilities between the customs authorities of different Member States. It is necessary to ensure
an appropriate level of effective, dissuasive and proportionate sanctions throughout the Internal
Market in order to discourage any serious infringements of the customs rules and thus reduce the
risk of fraud, of threats to safety and security, and to protect the financial interests of the Community.
This can only be achieved through a common Community framework, which allocates jurisdiction
for the imposition of penalties and delimits those penalties,
the Charter of
Fundamental Rights.

in full respect of

In order to secure a balance between, on the one hand, the need for customs authorities to ensure
the correct application of customs legislation and, on the other, the right of economic operators to
be treated fairly, the customs authorities should be granted extensive powers of control and economic
operators a right of appeal.

In order to minimize the occurrence of risk to the Community, its citizens and its trading partners,
the harmonized application of customs controls by the Member States should be based upon a
common risk management framework and an electronic system for its implementation. The establish-
ment of a risk management framework common to all Member States should not prevent them from
controlling goods by random checks.

(16)

It is necessary to establish the factors on the basis of which import or export duties and other
measures in respect of trade in goods are applied. It is also appropriate to lay down clear provisions
for issuing proofs of origin in the Community, where the exigencies of trade so require.

(17) As regards the rules on preferential origin, it is appropriate, in order to expedite the decision-making
process within the Community, to confer on the Commission powers for the adoption of these rules
in the case of goods benefiting from preferential measures applicable to trade between the customs
territory of the Community and Ceuta and Melilla.

(18)

It is desirable to group together all cases of incurrence of a customs debt on importation, other than
following the submission of a customs declaration for release for free circulation or temporary admis-
sion with partial relief, in order to avoid difficulties in determining the legal basis on which the
customs debt was incurred. The same should apply in case of incurrence of a customs debt on
exportation.

(19)

Since the new role of customs authorities implies the sharing of responsibilities and co-operation
between inland and border customs offices, the customs debt should, in most cases, be incurred at
the place where the debtor is established, as the customs office competent for this place can best
supervise the activities of the person concerned.

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(20)

Furthermore, in line with the Kyoto Convention, it is appropriate to provide for a reduced number of
cases where administrative co-operation between Member States is required in order to establish the
place where the customs debt was incurred and to recover the duties.

(21)

The rules for special procedures should allow for the use of a single guarantee for all categories of
special procedures and for that guarantee to be comprehensive, covering a number of transactions.

(22)

In order to ensure better protection of the financial interests of the Community and of the Member
States, a guarantee should cover non-declared or incorrectly declared goods included in a consign-
ment or a declaration for which it is provided. For the same reason, the undertaking of the guarantor
should also cover amounts of duties which fall to be paid following post-release controls.

(23)

In order to safeguard the financial interests of the Community and of the Member States and to curb
fraudulent practices, arrangements involving graduated measures for the application of a comprehen-
sive guarantee are advisable. Where there is an increased risk of fraud it should be possible to prohibit
temporarily the application of the comprehensive guarantee, taking account of the particular situation
of the economic operators.

(24)

It is appropriate to take account of the good faith of the person concerned in cases where a customs
debt is incurred through non-compliance with customs legislation and to minimize the impact of
negligence on the part of the debtor.

(25)

It is necessary to lay down the principle of how to determine the status of Community goods, the
circumstances pertaining to the loss of such status, and to provide a basis for determining when this
status remains unaltered in cases where goods temporarily leave the customs territory of
the
Community.

(26)

It is appropriate, where an economic operator has provided, in advance, the information necessary
for risk-based controls on the admissibility of the goods, to ensure that quick release of goods is then
the rule. Fiscal and trade policy controls should primarily be performed by the customs office respon-
sible for the premises of the economic operator.

(27)

The rules for customs declarations should be modernized and streamlined, in particular requiring that
customs declarations are, as a rule, made electronically and providing for only one type of simplified
declaration.

(28)

Since the Kyoto Convention favours the lodging, registering and checking of the customs declaration
prior to the arrival of the goods and, furthermore, the dissociation of the place where the declaration
is lodged from the place where the goods are physically located, it is appropriate to provide for
centralized clearance at the place where the economic operator is established. Centralized clearance
should include the facility for the use of simplified declarations, deferment of the date of the submis-
sion of a complete declaration and required documents, periodic declaration and deferred payment.

(29)

In order to contribute to ensuring neutral conditions for competition throughout the Community it
is appropriate to lay down at Community level the rules governing the destruction or disposal other-
wise of goods by the customs authorities, which have previously required national legislation.

(30)

It is appropriate to provide common and simple rules for the special procedures (transit, storage,
specific use and processing), supplemented by a small set of rules for each category of special proce-
dure, in order to make the choice for the operator of the right procedure simple, to avoid errors and
to reduce the number of post-release recoveries and repayments.

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(31)

The granting of authorizations for several special procedures with a single guarantee and a single
supervising customs office should be facilitated and there should be simple rules on the incurrence of
a customs debt in these cases. The basic principle should be that goods placed under a special proce-
dure, or the products made from them, are assessed at the time the customs debt is incurred.
However, it should also be possible, where economically justified, to assess the goods at the time they
were placed under a special procedure. The same principles should apply to usual forms of handling.

Tuesday, 12 December 2006

(32)

In view of
the increased security-related measures introduced into the Code under Regulation
(EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code (1), the placing of goods into
free zones should become a customs procedure and the goods should be subject to customs controls
at entry and with regard to records.

(33)

For goods placed under a specific use, a basic legal framework should be established relating to the
suspension of excise duty, provided for under Council Directive 92/12/EEC of 25 February 1992, on
the General Arrangements for products subject to excise duty and on the holding, movement and
monitoring of such products (2), VAT at importation provided for under Articles 7(3) and 10(3) of
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the
Member States relating to turnover taxes — Common system of value added tax: uniform basis of
assessment (3), and commercial policy measures.

(34) Given that the intention of re-exportation is no longer necessary, the inward processing suspension
procedure should be merged with processing under customs control and the inward processing draw-
back procedure abandoned. This one inward processing procedure should also cover destruction,
except where destruction is carried out by, or under the supervision of, customs.

(35)

Security-related measures relating to Community goods brought out of the customs territory of the
Community should apply equally to the re-export of non-Community goods. The same basic rules
should apply to all types of goods, with the possibility of exceptions where necessary, such as for
goods only transiting through the customs territory of the Community.

(36)

It is appropriate, in order to ensure an effective decision-making process and uniformity, to streamline
mechanisms for the adoption of implementing measures, explanatory notes, guidelines and decisions
of the Commission requesting the withdrawal of a decision taken by the customs authorities, as well
as for the preparation of a common position in committees, working groups and panels introduced
by or under international agreements dealing with customs legislation. The management procedure is
most appropriate for the adoption of implementing provisions, and the consultative procedure most
appropriate for the adoption of guidelines and explanatory notes.

(37)

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 procedure for the exercise of
implementing powers conferred on the Commission (4).

(38)

It is appropriate to provide empowerment for the adoption of implementing provisions, notably
where the Community accepts commitments and obligations in relation to international agreements
which require the adaptation of provisions of the Code.

(1) OJ L 117, 4.5.2005, p. 13.
(2) OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2004/106/EC (OJ L 359, 4.12.2004, p. 30).
(3) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).
(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).

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(39)

In order to simplify and rationalize customs legislation, a number of provisions presently contained
in autonomous Community acts have, for the sake of transparency been incorporated into the Code.
The following Regulations, together with Regulation (EEC) No 2913/92, should therefore be repealed:

— Council Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination
of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-
Community flight and the baggage of persons making an intra-Community sea crossing (1),

— Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the
concept of ‘originating products’ and methods of administrative co-operation in trade between
the customs territory of the Community and Ceuta and Melilla (2),

— Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of
movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the
issue of certain approved exporter authorizations under the provisions governing preferential
trade between the European Community and certain countries (3).

(40)

In accordance with the principle of proportionality, it is necessary, and appropriate for the effective
functioning of the Customs Union as a central pillar of the internal market, to lay down rules and
procedures applicable to goods brought into or out of the customs territory of the Community. This
Regulation does not go beyond what is necessary in order to achieve the objectives pursued,
in
accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

CHAPTER 1

SCOPE OF CUSTOMS LEGISLATION, MISSION OF CUSTOMS AND
DEFINITIONS

Article 1

Subject matter and scope

This regulation establishes the Community Customs Code, hereinafter ‘the Code’, laying down the general
rules and procedures applicable to goods brought into or out of the customs territory of the Community.

The Code shall apply uniformly throughout the customs territory of the Community without prejudice to
legislation in other fields pertaining to such trade.

Article 2

Mission of customs authorities

Customs authorities shall be responsible for the supervision of the Community's international trade,
thereby contributing to open trade, to the implementation of the external aspects of the internal market, of
the common trade policy and of the other common Community policies with a bearing on trade, as well as
to overall supply chain security. These tasks shall include the following:

(a) protecting the financial interests of the Community and its Member States;

(1) OJ L 374, 31.12.1991, p. 4. Regulation 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).

(2) OJ L 20, 20.1.2001, p. 1.
(3) OJ L 165, 21.6.2001, p. 1. Regulation as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5).

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(b) protecting the Community from unfair and illegal trade while supporting legitimate business activity;

(c) ensuring the security and safety of citizens, and the environment, where appropriate in close co-opera-

tion with other authorities;

(d) maintaining a proper balance between customs controls and facilitation of legitimate trade.

Tuesday, 12 December 2006

Article 3

Customs territory

The customs territory of the Community shall comprise the following territories, including their terri-

1.
torial waters, internal waters and airspace:

— the territory of the Kingdom of Belgium;

— the territory of the Czech Republic;

— the territory of the Kingdom of Denmark, except the Faeroe Islands and Greenland;

— the territory of the Federal Republic of Germany, except the Island of Heligoland and the territory of
Buesingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss
Confederation);

— the territory of the Republic of Estonia;

— the territory of the Hellenic Republic;

— the territory of the Kingdom of Spain, except Ceuta and Melilla;

— the territory of the French Republic, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis

and Futuna Islands and French Polynesia;

— the territory of Ireland;

— the territory of the Italian Republic, except the municipalities of Livigno and Campione d'Italia and the
national waters of Lake Lugano which are between the bank and the political frontier of the area
between Ponte Tresa and Porto Ceresio;

— the territory of the Republic of Cyprus, in accordance with the provisions of the Act of Accession;

— the territory of the Republic of Latvia;

— the territory of the Republic of Lithuania;

— the territory of the Grand Duchy of Luxembourg;

— the territory of the Republic of Hungary;

— the territory of the Republic of Malta;

— the territory of the Kingdom of the Netherlands in Europe;

— the territory of the Republic of Austria;

— the territory of the Republic of Poland;

— the territory of the Portuguese Republic;

— the territory of the Republic of Slovenia;

— the territory of the Slovak Republic;

— the territory of the Republic of Finland;

— the territory of the Kingdom of Sweden;

— the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands

and the Isle of Man.

The following territories,

2.
internal waters and airspace, situated
outside the territory of the Member States shall, taking the conventions and treaties applicable to them into
account, be considered to be part of the customs territory of the Community:

including their territorial waters,

(a) FRANCE

The territory of Monaco as defined in the Customs Convention signed in Paris on 18 May 1963 (Official
Journal of the French Republic of 27 September 1963, p. 8679);

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(b) CYPRUS

The territory of the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia as defined in the
Treaty concerning the Establishment of the Republic of Cyprus, signed in Nicosia on 16 August 1960
(United Kingdom Treaty Series No 4 (1961) Cmnd. 1252).

Certain provisions of

3.
the customs legislation may apply outside the customs territory of
Community within the framework of legislation governing specific fields or of international conventions.

the

Article 4

Definitions

For the purposes of the Code, the following definitions shall apply:

(1) ‘Customs authorities’ means the customs administrations of

the Member States responsible for
applying the customs legislation and any other authorities empowered under national law to apply
certain customs legislation.

(2) ‘Customs legislation’ means the body of legislation made up of the following:

(a)

the Code and the provisions adopted at Community level and, where appropriate, at national level,
to implement it;

(b) the Common Customs Tariff;

(c)

international agreements containing customs provisions, in so far as they are applicable in the
Community.

(3) ‘Person’ means natural persons, legal persons, and any association of persons which is not a legal
person but which is recognized under Community or national law as having the capacity to perform
legal acts.

(4) ‘Economic operator’ means a person who, in the course of his business, is involved in activities

covered by customs legislation.

(5) ‘Customs representative’ means any person established on the territory of the EU who provides

customs services to third parties.

(6) ‘Risk’ means the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer
or end-use of goods moved between the customs territory of the Community and countries or terri-
tories outside that territory and to the presence of goods which do not have Community status, which
would have any of the following results:

(a)

it would prevent the correct application of Community or national measures;

(b) it would compromise the financial interests of the Community and its Member States;

(c)

it would pose a threat to the security and safety of the Community and its citizens, to human,
animal or plant health, to the environment or to consumers.

(7) ‘Customs controls’ means specific acts performed by the customs authorities pursuant to Articles 27

to 30.

(8) ‘Summary declaration’ means a declaration to be made before goods are brought into or out of the

customs territory of the Community.

(9) ‘Customs declaration’ means the act whereby a person indicates in the prescribed form and manner a
wish to place goods under a given customs procedure, with an indication, where appropriate, of the
specific arrangement to be applied.

(10) ‘Declarant’ means the person making a summary declaration or a customs declaration in his own

name or the person in whose name a customs declaration is made.

(11) ‘Customs procedure’ means any of the following procedures under which goods may be placed in

accordance with this Code:

(a) release for free circulation;

(b) special procedures;

(c) export.

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(12) ‘Import duties’ means customs duties as laid down in the Common Customs Tariff, payable on the

importation of goods.

(13) ‘Export duties’ means customs duties as laid down in the Common Customs Tariff, payable on the

exportation of goods.

(14) ‘Non-Community goods’ means goods other than those referred to in point (20) or which have lost

their status as Community goods.

(15) ‘Risk management’ means the systematic identification of risk and the implementation of all measures

necessary for limiting exposure to risk.

(16) ‘Release of goods’ means the act whereby the customs authorities make goods available for the

purposes specified for the customs procedure under which they are placed.

(17) ‘Customs supervision’ means action taken in general by the customs authorities with a view to
ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject
to such action are observed.

(18) ‘Drawback’ means the repayment or remission of import duties on goods released for free circulation
if such goods are exported from the customs territory of the Community in an unaltered state or in
the form of processed products.

(19) ‘Processed products’ means goods placed under a processing procedure which have undergone proces-

sing operations.

(20) ‘Person established in the customs territory of the Community’ means:

(a)

in the case of a natural person, any person who has his habitual residence in the customs territory
of the Community;

(b) in the case of a legal person or an association of persons, any person who has his registered office,
central headquarters or a permanent business establishment in the customs territory of
the
Community.

(21) ‘Customs status’ means the status of goods as Community or non-Community goods.

(22) ‘Community goods’ means goods which fall into any of the following categories:

(a) goods wholly obtained in the customs territory of the Community and not incorporating goods

imported from countries or territories outside of the customs territory of the Community;

(b) goods imported from countries or territories outside of the customs territory of the Community

and released for free circulation;

(c) goods obtained or produced in the customs territory of the Community, either solely from goods

referred to in point (b) or from goods referred to in points (a) and (b).

(23) ‘Presentation of goods to customs’ means the notification to the customs authorities of the arrival of
goods at the customs office or at any other place designated or approved by the customs authorities
and the availability of those goods for customs controls.

(24) ‘Holder of the goods’ means the person who is the owner of the goods or who has a similar right of

disposal over them or who has physical control of them.

(25) ‘Holder of the procedure’ means the person who makes the declaration, or on whose behalf the
customs declaration is made, or the person to whom the rights and obligations of that person in
respect of a customs procedure have been transferred.

(26) ‘Commercial policy measures’ means non-tariff measures established, as part of the common commer-

cial policy, in the form of Community provisions governing the import and export of goods.

(27) ‘Processing operations’ means any of the following:

(a)

the working of goods, including erecting or assembling them or fitting them to other goods;

(b) the processing of goods;

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(c)

the destruction of goods;

(d) the repair of goods, including restoring them and putting them in order;

(e)

the use of goods which are not to be found in the processed products, but which allow or facilitate
the production of those products, even if they are entirely or partially used up in the process
(production accessories).

(28) ‘Rate of yield’ means the quantity or percentage of processed products obtained from the processing

of a given quantity of goods placed under a processing procedure.

CHAPTER 2

RIGHTS AND OBLIGATIONS OF PERSONS WITH REGARD TO CUSTOMS
LEGISLATION

Section 1

Provision of information

Article 5

Exchange of data

1.
All required exchanges of data, accompanying documents, decisions and notifications between
customs authorities and between economic operators and customs authorities shall be made using electronic
data processing techniques.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by means of measures laying down exceptions to the
first subparagraph of this paragraph.

Save where otherwise specifically provided, the Commission shall, in accordance with the procedure

2.
referred to in Article 194(2), adopt measures laying down the following:

(a)

the rules defining and governing the messages to be exchanged between customs offices, as required for
the application of the customs legislation;

(b) a common data set and format of the data messages to be exchanged under the customs legislation.

The data referred to in point (b) of the first subparagraph shall contain the particulars necessary for risk
analysis and the proper application of customs controls, using, where appropriate, international standards
and commercial practices.

The systems necessary for the electronic exchange of data between customs offices in accordance with para-
graph 1 shall be in place by 30 June 2009, at the latest.

Article 6

Data protection

1.
All information acquired by the customs authorities in the course of performing their duties which is
by its nature confidential or which is provided on a confidential basis shall be covered by the obligation of
professional secrecy. Except for the purposes of customs controls as provided for under Article 28(2), such
information shall not be disclosed by the competent authorities without the express permission of the
person or authority who provided it.

Such information may, however, be disclosed without permission where the competent authorities are
obliged or authorized to do so pursuant to the provisions in force, particularly in respect of data protection,
or in connection with legal proceedings.

2.
Communication of confidential data to the customs administrations and other bodies of countries or
territories outside the customs territory of the Community shall be permitted only in the framework of an
international agreement, ensuring an equivalent level of data protection.

The disclosure or communication of information shall take place in full compliance with data protection
provisions in force.

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Article 7

Exchange of additional information between customs authorities and
economic operators

Tuesday, 12 December 2006

1.
Customs authorities and economic operators may exchange any information not specifically required
under the customs legislation, for the purpose of mutual co-operation in the identification and counterac-
tion of risk. That exchange may take place under a written agreement and may include access to the
computer systems of economic operators by the customs authorities.

Any information provided by one party to the other in the course of the co-operation referred to in

2.
paragraph 1 shall be confidential unless both parties agree otherwise.

Article 8

Provision of information by the customs authorities

1.
Any person may request information concerning the application of customs legislation from the
customs authorities. Such a request may be refused where it does not relate to an import or export opera-
tion actually envisaged.

2.
Customs administrations shall maintain a regular dialogue with economic operators and other authori-
ties involved in international trade in goods. They shall promote transparency by making the legislation,
administrative rulings and application forms pertaining to international trade in goods available to economic
operators free of charge and, wherever practical, through the Internet.

Article 9

Provision of information to the customs authorities

1.
Any person directly or indirectly involved in the accomplishment of customs formalities shall provide
the customs authorities with all the requisite documents and information, irrespective of the medium used,
and all the requisite assistance, at the request of the customs authorities and within any time limit specified.

2. Without prejudice to the possible application of penalties, the lodging of a summary declaration or
customs declaration, including a simplified declaration, or notification, or the submission of an application
for an authorization or any other decision, shall render the person concerned responsible for the following:

(a)

the accuracy of the information given in the declaration, notification or application, or in any other rele-
vant form;

(b) the authenticity of any documents lodged or made available;

(c) where applicable, compliance with all of the obligations relating to the placing of the goods in question

under the procedure concerned, or to the conduct of the authorized operations.

The first subparagraph shall apply also to the provision of any information required by the customs
authorities.

Where the declaration or notification is lodged, the application is submitted or requested information is
provided by a representative of the person concerned, the representative shall also be bound by the obliga-
tions set out in first subparagraph.

Article 10

Common data system

Member States shall co-operate with the Commission with a view to developing, maintaining and employing
an electronic system for the common registration and maintenance of records of the following:

(a) all persons directly or indirectly involved in the accomplishment of customs formalities;

(b) any authorization concerning a customs procedure or the status of Authorized Economic Operator.

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The data shall be accessible to the customs administrations of the Member States in the course of their
duties and, in accordance with the rules referred to in the third paragraph, to economic operators.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the standard
form and content of the data to be registered and the rules for access to that data.

Section 2

Customs representation

Article 11

Customs representative

Any person may appoint a representative in his dealings with the customs authorities to perform the

1.
acts and formalities laid down in the customs legislation, hereinafter a ‘customs representative’.

Such customs representation may be either direct, in which case the customs representative shall act in the
name of and on behalf of another person, or indirect, in which case the customs representative shall act in
his own name but on behalf of another person.

2.

A customs representative must be established within the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the conditions
under which the requirement referred to in the first subparagraph of this paragraph may be waived.

3.

The status of customs representative shall be subject to the following criteria:

— it shall be open to all persons making application for the status,

— it shall be managed by a government body in the Member State,

— it shall be recognized in all Member States when it has been registered in the Member State of

application,

— it shall be subject to practical standards of competent or professional qualifications directly linked to

the activity carried out.

There shall be no numeric limit on the number of customs representatives in the EU.

A person with the status of customs representative and with the status of authorised economic operator
shall be able to benefit from all simplifications.

4. Without prejudice to the provisions of paragraph 3, any person pursuing a commercial activity shall
be authorised to address the customs authorities, without being obliged to be represented by a customs
representative.

Article 12

Empowerment

1. When dealing with the customs authorities, a customs representative shall state that he is acting on
behalf of the person represented and specify whether the customs representation is direct or indirect.

A person who fails to state that he is acting in the name of or on behalf of another person or who states
that he is acting in the name of or on behalf of another person without being empowered to do so shall be
deemed to be acting in his own name and on his own behalf.

2.
The customs authorities may require any person stating that he is acting in the name of or on behalf
of another person to produce evidence of his powers to act as a customs representative, except where a
person belongs to a category of persons entitled to act on behalf of another person.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures identi-
fying the categories of persons referred to in the first subparagraph of this paragraph.

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Customs representation and authorised economic operator status

Article 13

Tuesday, 12 December 2006

1. Where a person acts as a customs representative on a regular and commercial basis, he may be
granted the status of ‘authorized economic operator’ in accordance with Article 14.

A customs representative may act as a fiscal representative, as provided for under value added tax,

2.
hereinafter ‘VAT’, and excise provisions in force.

Section 3

Authorized Economic Operator

Article 14

Application and authorization

A person who is established in the customs territory of the Community and who meets the conditions

1.
set out in Articles 15 and 16 may request the status of authorized economic operator.

The customs authorities shall, if necessary following consultation with other competent authorities, grant
that status, which shall be subject to periodic review.

2.
The status of authorized economic operator covers two types of authorisation: that of ‘customs
simplification’ authorised economic operator and that of ‘security and safety’ authorised economic
operator.

The first authorisation enables economic operators to benefit from certain simplifications in accordance
with this Code or its implementing provisions. Under the second authorisation the holder thereof is
entitled to facilitations relating to security and safety.

Both authorisations may be held at the same time.

The status of authorized economic operator shall, subject to Articles 15 and 16, be recognized by the

3.
customs authorities in all Member States, without prejudice to customs controls.

4.
Customs authorities shall, on the basis of the recognition of the status of authorized economic
operator and provided that the requirements related to a specific type of simplification provided for in
Community customs legislation are fulfilled, authorize the operator to benefit from that simplification.

The status of authorized economic operator may be suspended or withdrawn in accordance with the

5.
conditions laid down pursuant to point (h) of Article 16.

The authorized economic operator shall notify the customs authorities of all factors arising after that

6.
status was granted which may influence its continuation or content.

Article 15

Granting of status

The criteria for the granting of the status of authorized economic operator shall be at least the following:

(a)

an appropriate record of compliance with customs and fiscal requirements;

(b)

a satisfactory system of managing commercial and, where appropriate, transport records, which allows
appropriate customs controls;

(c) where appropriate, proven financial solvency;

(d) pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage
of the simplifications provided for in accordance with this Code or its implementing provisions, prac-
tical standards of competence or professional qualifications directly related to the activity carried out;

(e) pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage
of facilitations with regard to customs checks relating to security and safety, appropriate security and
safety standards.

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Article 16

Implementing measures

The Commission shall,
governing the following matters:

in accordance with the procedure referred to in Article 194(2), adopt measures

(a)

the granting of the status of authorized economic operator;

(b) the frequency of review of the status of authorized economic operator;

(c)

the granting of authorizations for the use of simplifications;

(d)

identification of the customs authority competent for the granting of such status and authorizations;

(e)

the type and extent of facilitations that may be granted in respect of customs controls relating to security
and safety;

(f) consultation with and provision of information to other customs authorities;

(g) the conditions under which a request made by the applicant for an authorization may be limited to one

or more Member States;

(h) the conditions under which the status of authorized economic operator may be suspended or revoked;

(i)

the conditions under which the requirement of being established in the Community may be waived for
specific categories of authorized economic operators, taking into account, in particular, international
agreements.

Section 4

Decisions relating to the application of customs legislation

Article 17

General provisions

1. Where a person requests that the customs authorities take a decision, that person shall supply all the
information required by those authorities in order for them to be able to take that decision.

A decision may also be requested by, and taken with regard to, several persons.

2.
A decision as referred to in paragraph 1 shall be taken, and the applicant notified, at the latest within
two months of the date on which the request is received by the customs authorities, except where otherwise
provided for in the customs legislation.

However, where the customs authorities are unable to comply with those time limits, they shall inform the
applicant of that fact before the expiry of those time limits, stating the reasons and indicating the further
period of time which they consider necessary in order to give a decision on the request.

3.
Unless otherwise specified in the decision or in the customs legislation, the decision shall take effect
from the date on which the applicant receives the decision, or is deemed to have received it. Except in the
cases provided for in Article 25(2), decisions adopted shall be enforceable by the customs authorities from
that date.

4.
Before taking a decision which would adversely affect the person or persons to whom it is addressed,
the customs authorities shall communicate their objections to the latter, stating the grounds on which they
base those objections. The person concerned shall be given the opportunity to express his point of view,
within a period from the date on which the objections were sent.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the period referred to in the first subparagraph of this paragraph.

Upon expiry of this period, the person concerned shall be notified, in the appropriate form, of the decision,
which shall set out the grounds on which it is based.

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The requirement to communicate objections before a decision is taken which would adversely affect the
person to whom it is addressed, shall also apply to decisions taken by the customs authorities without prior
request from the person concerned and in particular to the notification of a customs debt as set out in
Article 72(3).

The decision shall refer to the right of appeal provided for in Article 24.

5. Without prejudice to provisions laid down in other fields which specify the cases in which, and the
conditions under which, decisions are invalid or become null and void, the customs authorities who issued a
decision may annul, amend or revoke it where it does not conform with the customs legislation or with
guidelines or explanatory notes for its interpretation.

Article 18

Community-wide validity of decisions

Unless otherwise requested or specified, decisions taken by the customs authorities shall be valid throughout
the customs territory of the Community.

Article 19

Annulment of favourable decisions

The customs authorities shall annul a decision favourable to the person to whom it is addressed if all

1.
the following conditions are satisfied:

(a)

the decision was issued on the basis of incorrect or incomplete information;

(b) the applicant knew or ought reasonably to have known that

the information was incorrect or

incomplete;

(c)

if the information had been correct and complete, the decision would have been different.

2.

The person to whom the decision was addressed shall be notified of its annulment.

Annulment shall take effect from the date on which the initial decision took effect, unless otherwise

3.
specified.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures
in particular in respect of decisions

4.
for the implementation of paragraphs 1, 2 and 3 of this Article,
addressed to several persons.

Article 20

Revocation and amendment of favourable decisions

A favourable decision shall be revoked or amended where, in cases other than those referred to in

1.
Article 19, one or more of the conditions laid down for its issue were not or are no longer fulfilled.

2.
Unless otherwise specified in the customs legislation, a favourable decision addressed to several
persons may be revoked only in respect of a person who fails to fulfil an obligation imposed under that
decision.

3.

The person to whom the decision was addressed shall be notified of its revocation or amendment.

4.
The revocation or amendment of the decision shall take effect from the date on which the notification
of the revocation or amendment is received, or is deemed to have been received, by the person to whom it
was addressed.

However,
in exceptional cases where the legitimate interests of the person to whom the decision was
addressed so require, the customs authorities may defer the date on which revocation or amendment takes
effect.

5.
The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures
for the implementation of paragraphs 1 to 4 of this Article, in particular in respect of decisions addressed to
several persons.

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Article 21

Special decisions

The customs authorities shall, on request, issue decisions specifying binding tariff information, herein-

1.
after ‘BTI decisions’, or decisions specifying binding origin information, hereinafter ‘BOI decisions’.

Such a request may be refused where it does not relate to any customs procedure actually envisaged.

BTI or BOI decisions shall be binding only in respect of the tariff classification or determination of the

2.
origin of goods.

They shall be binding on the customs authorities, as against the person to whom the decision was addressed,
only in respect of goods for which customs formalities are completed after the date of the decision.

They shall be binding on the person addressed, as against the customs authorities, only with effect from the
date on which he receives, or is deemed to have received, notification of the decision.

3.

BTI or BOI decisions shall be valid for a period of three years from the date specified in the decision.

For the application of a BTI or BOI decision in the context of a particular customs procedure, the

4.
person to whom that decision is addressed must be able to prove that:

(a)

in the case of a BTI decision, the goods declared correspond in every respect to those described in the
decision;

(b) in the case of a BOI decision, the goods in question and the circumstances determining the acquisition
of origin correspond in every respect to the goods and the circumstances described in the decision.

By way of derogation from Article 17(5) and Article 19, BTI or BOI decisions shall be annulled where

5.
they are based on inaccurate or incomplete information from the applicants.

6.

BTI or BOI decisions shall be revoked in accordance with Article 17(5) and Article 20.

They may not be amended.

Notwithstanding Article 20, the Commission shall, in accordance with the procedure referred to in

7.
Article 194(2), adopt measures laying down the following:

(a)

the conditions under which, and the moment when, the BTI or BOI decision ceases to be valid;

(b) the conditions under which, and the period of time for which, a decision as referred to in point (a) may
still be used in respect of binding contracts based upon the decision and concluded before the expiry of
its validity.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

8.
laying down the conditions under which other special decisions are to be issued.

Section 5

Customs penalties

Article 22

Customs penalties

Each Member State shall provide for penalties for failure to comply with Community customs legisla-

1.
tion. Such penalties shall be effective, proportionate and dissuasive.

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2.

Administrative penalties shall take one of the following forms, or both:

(a) a pecuniary charge by the customs authorities, including a settlement applied in place of and in lieu of a

criminal penalty;

(b) the withdrawal, suspension or amendment of any authorization held by the person concerned.

Where administrative penalties are combined with criminal penalties, on the basis of the same facts, aggrega-
tion of such penalties shall be proportionate.

Section 6

Appeals

Article 23

Decisions taken by a judicial authority

Articles 24, 25 and 26 shall not apply to appeals lodged with a view to the annulment, revocation or
amendment of a decision taken by a judicial authority.

Article 24

Right of appeal

Any person shall have the right to appeal against any decision taken by the customs authorities which

1.
concerns him directly and individually.

Any person who has applied to the customs authorities for a decision and has not obtained a decision on
that request within the time limits referred to in Article 17(2) shall also be entitled to exercise the right of
appeal.

2.

(a)

The right of appeal may be exercised in at least two steps:

initially, before the customs authorities or another body which may be a judicial authority or an equiva-
lent specialized body designated for that purpose by the Member States;

(b) subsequently, before a higher independent body, which may be a judicial authority or an equivalent

specialized body, according to the provisions in force in the Member States.

The appeal must be lodged in electronic or written form in the Member State where the decision has

3.
been taken or applied for.

Article 25

Suspension of implementation

1.

The submission of an appeal shall not cause implementation of the disputed decision to be suspended.

By way of derogation from paragraph 1, where irreparable damage may be caused to the person who
2.
lodged the appeal, the customs authorities shall suspend implementation of the disputed decision, in whole
or in part.

The customs authorities may suspend implementation of the disputed decision, in whole or in part, where
they have good reason to suspect that it is inconsistent with the customs legislation.

3. Where the disputed decision has the effect of causing import duties or export duties to be payable,
suspension of that decision shall be conditional upon the provision of a guarantee, unless such a guarantee
would be likely to cause the debtor serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of the first subparagraph of this paragraph.

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Article 26

Decision on the appeal

Article 17 shall apply with regard to decisions by the customs authorities on appeals.

Member States shall ensure that the appeals procedure enables the prompt correction of decisions taken by
the customs authorities.

Section 7

Control of goods

Article 27

Customs controls

The customs authorities may carry out all of

the controls they deem necessary to ensure the
1.
correct application of customs legislation and other legislation governing the entry, exit, transit, transfer and
end-use of goods moved between the customs territory of the Community and other territories, and the
presence of non-Community goods.

Those controls, hereinafter ‘customs controls’, may consist in examining goods, verifying declaration data
and the existence and authenticity of electronic or written documents, examining the accounts of undertak-
ings and other records, inspecting means of transport, inspecting luggage and other goods carried by or on
persons.

Customs controls may be carried out outside the customs territory of the Community where an interna-
tional agreement provides for this.

Customs controls, including random checks, shall be based on risk analysis using electronic data
2.
processing techniques, with the purpose of identifying and evaluating the risks and developing the necessary
measures to counter the risks, on the basis of criteria developed at national, Community and, where avail-
able, international level.

Member States, in co-operation with the Commission, shall develop, maintain and employ an electronic
system for the implementation of risk management, by 30 June 2009 at the latest.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
laying down the following:

(a) rules for a common risk management framework;

(b) rules for establishing common criteria and priority control areas;

(c) rules governing the exchange of risk information and analysis between customs administrations.

Article 28

Co-operation between authorities

1. Where, in respect of the same goods, controls other than customs controls are performed by compe-
tent authorities other than the customs authorities, such controls shall be performed in close co-operation
with the customs authorities, wherever possible at the same time and place (one-stop-shop).

2.
In the framework of the controls referred to in this Section, customs and other competent authorities
may, where necessary for the purposes of minimising risk, exchange data received, in the context of the
entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community
and other territories, and the presence of non-Community goods, with each other, with the customs authori-
ties of other Member States and with the Commission.

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Article 29

Post-release verification

Tuesday, 12 December 2006

The customs authorities may, after releasing the goods and in order to satisfy themselves as to the accuracy
of the particulars contained in the summary or customs declaration, inspect the commercial documents and
data relating to the operations in respect of the goods in question or to subsequent commercial operations
involving those goods.

Such inspections may be carried out at the premises of the declarant or his representative, of any other
person directly or indirectly involved in those operations in a business capacity or of any other person in
possession of that document and data for business purposes. Those authorities may also examine the goods
where it is still possible for them to be presented.

Article 30

Exceptions

1.

No customs controls or formalities shall be carried out in respect of either of the following:

(a)

the cabin and hold baggage of persons taking an intra-Community flight;

(b) the baggage of persons making an intra-Community sea crossing.

2.

(a)

Paragraph 1 shall apply without prejudice to either of the following:

the security and safety checks carried out on baggage by the authorities of the Member States, port or
airport authorities or carriers;

(b) checks linked to prohibitions or restrictions laid down by the Member States, provided that such prohi-

bitions or restrictions are compatible with the Treaty.

Section 8

Keeping of documents and other information; fees and costs

Article 31

Keeping of documents and other information

The person concerned shall keep the documents and information referred to in Article 9(1) for the
1.
purposes of customs controls, for the period laid down in the provisions in force and for at least three
calendar years, irrespective of the medium used.

In the case of goods released for free circulation in circumstances other than those referred to in the third
subparagraph, or goods declared for export, that period shall run from the end of the year in which the
declarations for release for free circulation or export are accepted.

In the case of goods released for free circulation duty-free or at a reduced rate of import duty on account of
their end-use, that period shall run from the end of the year in which they cease to be subject to customs
supervision.

In the case of goods placed under another customs procedure, that period shall run from the end of the
year in which the customs procedure concerned has ended.

2. Without prejudice to Article 73(4), where a customs control carried out by the customs authorities in
respect of a customs debt shows that the relevant entry in the accounts has to be corrected and the person
concerned has been notified of this, the documents shall be kept for three years beyond the time limit
provided for in paragraph 1 of this Article.

Where an appeal has been lodged, the documents must be kept until the procedure is terminated.

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Article 32

Fees and costs

1.

No fees shall be charged by customs authorities for the performance of customs controls.

However, the customs authorities may charge fees or recover costs where specific services are rendered or in
respect of any other application of the customs legislation.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

2.
for the implementation of the second subparagraph of paragraph 1 and, in particular, the following:

(a) attendance, where requested, by customs staff at premises other than customs premises;

(b) analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly
in respect of decisions taken pursuant to Article 21 or the provision of information in accordance with
Article 8(1);

(c)

the examination or sampling of goods for verification purposes, or the destruction of goods, where
costs other than that of using customs staff are involved;

(d) exceptional control measures, where these are necessary due to the nature of the goods or to potential

risk.

CHAPTER 3

CURRENCY CONVERSION, TIME LIMITS AND SIMPLIFICATION

Article 33

Currency conversion

1. Where the conversion of currency is necessary for one of the following reasons, the rate of exchange
applicable shall be that published, or made available on the Internet, by the competent authorities:

(a) because factors used to determine the customs value of goods are expressed in a currency other than

that of the Member State where the customs value is determined;

(b) because the value of the euro is required in national currencies for the purposes of determining the tariff

classification of goods, value thresholds and the amount of import or export duties.

The rate of exchange shall reflect, as effectively as possible, the current value of the converted currency in
terms of the currency of the Member State.

2. Where the conversion of currency is necessary for reasons other than those referred to in paragraph 1,
the value of the euro in national currencies to be applied within the framework of the customs legislation
shall be fixed once a year.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
for the implementation of paragraphs 1 and 2 of this Article.

Article 34

Time limits

1. Where a period, date or time limit is laid down in the customs legislation, such period shall not be
extended and such date or time limit shall not be deferred unless specific provision is made in the provisions
concerned.

2.
The rules applicable to periods, dates and time limits set out in Council Regulation (EEC, Euratom)
No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (1) shall apply to
time limits set within the customs legislation, except where other specific provisions apply.

(1) OJ L 124, 8.6.1971, p. 1.

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Article 35

Simplification

Tuesday, 12 December 2006

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

1.
laying down in which cases, and under which conditions, the application of this Code may be simplified.

2.
Simplified procedures to be defined in accordance with the procedure referred to in Article 194(3)
shall be applied to Community goods moving between a national territory referred to in Article 3(3) of
Directive 77/388/EEC and another part of the Community customs territory.

3.
Subject to approval by the Commission acting in accordance with the procedure referred to in
Article 194(3), a Member State may apply simplified procedures to Community goods as referred to in
paragraph 2 and moving exclusively within its territory, and correspondingly two or more Member States
may mutually agree upon simplified procedures to be applied to such goods moving between them.

TITLE II

FACTORS ON THE BASIS OF WHICH IMPORT OR EXPORT DUTIES AND
OTHER MEASURES IN RESPECT OF TRADE IN GOODS ARE APPLIED

CHAPTER 1

COMMON CUSTOMS TARIFF AND TARIFF CLASSIFICATION OF GOODS

Article 36

Common Customs Tariff

1.

Import and export duties shall be based on the Common Customs Tariff.

Other measures prescribed by Community provisions governing specific fields relating to trade in goods
shall, where appropriate, be applied according to the tariff classification of those goods.

2.

(a)

The Common Customs Tariff shall comprise the following:

the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1);

(b) any other nomenclature which is wholly or partly based on the Combined Nomenclature or which
provides for further subdivisions to it, and which is established by Community provisions governing
specific fields with a view to the application of tariff measures relating to trade in goods;

(c)

the conventional or normal autonomous import duties applicable to goods covered by the Combined
Nomenclature;

(d) the preferential tariff measures contained in agreements which the Community has concluded with
certain countries or territories outside the customs territory of the Community or groups of such coun-
tries or territories;

(e) preferential tariff measures adopted unilaterally by the Community in respect of certain countries or
territories outside the customs territory of the Community or groups of such countries or territories;

(f) autonomous measures providing for a reduction in or exemption from import duties on certain goods;

(g)

favourable tariff treatment specified for certain goods, by reason of their nature or end-use, in the frame-
work of measures referred to under points (c) to (f) or (h);

(h) other tariff measures provided for by agricultural, or commercial, or other Community legislation.

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3. Where the goods concerned fulfil the conditions laid down in points (d) to (g) of paragraph 2, the
measures referred to in those provisions shall apply, at the request of the declarant, instead of those provided
for in point (c) of that paragraph. Such application may be made retrospectively, provided that the time
limits and conditions laid down in the relevant measure or in the Code are complied with.

4. Where application of the measures referred to in points (d) to (g) of paragraph 2, or the exemption
from measures referred to in point (h) thereof, is restricted to a certain volume of imports or exports, such
application or exemption shall, in the case of tariff quotas, cease as soon as the specified volume of imports
or exports is reached.

In the case of tariff ceilings such application shall cease by virtue of a legal act of the Community.

Article 37

Tariff classification of goods

For the application of the Common Customs Tariff,
‘tariff classification’ of goods shall consist in the
determination of one of the subheadings or further subdivisions of the Combined Nomenclature under
which those goods are to be classified.

For the application of non-tariff measures, ‘tariff classification’ of goods shall consist in the determination of
one of the subheadings or further subdivisions of the Combined Nomenclature, or of any other nomencla-
ture which is established by Community provisions and which is wholly or partly based on the Combined
Nomenclature or which provides for further subdivisions to it, under which those goods are to be classified.

The subheading or further subdivision determined in accordance with the first or the second paragraph shall
be used for the purpose of applying the measures attached to that subheading.

CHAPTER 2

ORIGIN OF GOODS

Section 1

Non-preferential origin

Article 38

Scope

Articles 39, 40 and 41 lay down rules for the determination of the non-preferential origin of goods for the
purposes of applying the following:

(a)

the Common Customs Tariff with the exception of the measures referred to in points (d) and (e) of
Article 36(2);

(b) measures, other than tariff measures, established by Community provisions governing specific fields

relating to trade in goods;

(c) other Community measures relating to the origin of goods.

Article 39

Acquisition of origin

Goods wholly obtained in a single country or territory shall be regarded as having their origin in that

1.
country or territory.

Goods the production of which involved more than one country or territory shall be deemed to origi-

2.
nate in the country or territory where they underwent their last substantial transformation.

Article 40

Proof of origin

1. Where an origin has been indicated in the customs declaration pursuant to customs legislation, the
customs authorities may require the declarant to prove the origin of the goods.

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2. Where proof of origin of goods is provided pursuant to customs legislation or other Community legis-
lation governing specific fields, the customs authorities may, in the event of reasonable doubt, require any
additional evidence to ensure that the indication of origin does comply with the rules laid down by the rele-
vant Community legislation.

3.

A document proving origin may be issued in the Community where the exigencies of trade so require.

Tuesday, 12 December 2006

Article 41

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of Articles 39 and 40.

Section 2

Preferential origin

Article 42

Preferential origin of goods

In order to benefit from the measures referred to in points (d) or (e) of Article 36(2) or from non-tariff
1.
preferential measures, goods shall comply with the rules on preferential origin referred to in paragraphs 2, 3
and 4 of this Article.

In the case of goods benefiting from preferential measures contained in agreements which the
2.
Community has concluded with certain countries or territories outside the customs territory of
the
Community or groups of such countries or territories, the rules on preferential origin shall be laid down in
those agreements.

In the case of goods benefiting from preferential measures adopted unilaterally by the Community in
3.
respect of certain countries or territories outside the customs territory of the Community or groups of such
countries or territories, other than those referred to in paragraph 5, the Commission shall, in accordance
with the procedure referred to in Article 194(2), adopt measures laying down the rules on preferential
origin.

4.
In the case of goods benefiting from preferential measures applicable in trade between the customs
territory of the Community and Ceuta and Melilla, contained in Protocol 2 to the Act of Accession of Spain
and Portugal, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt
measures laying down the rules on preferential origin.

5.
In the case of goods benefiting from preferential measures contained in preferential arrangements in
favour of the overseas countries and territories associated with the Community, the rules on preferential
origin shall be adopted in accordance with Article 187 of the Treaty.

6. When negotiating on behalf of the Community the agreements referred to in paragraph 2, or when
submitting a proposal with a view to laying down, by a regulation adopted under Article 251 or under
Article 187 of the Treaty, the rules referred to in paragraphs 3, 4 and 5, the Commission shall take
account in particular of the following:

(a) the commitments and obligations accepted in relation to international agreements;

(b) the need to define criteria relating to the origin status of products which are tailored to the features
of each product, ensuring that the economic benefit of the preferential measures is reserved for coun-
tries, territories or groups of countries or territories in respect of which these measures were agreed
or adopted;

(c)

the level of development and degree of industrialisation of the countries, territories or groups of
countries or territories in respect of which the preferential measures were agreed or adopted;

(d) the regional integration objectives underlying some of the preferential systems in question, by the

laying down of appropriate cumulation rules;

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(e)

the need to lay down rules which are simple to understand and to apply, so that the operators of the
countries, territories or groups of countries or territories in respect of which the preferential
measures were agreed or adopted may use those preferential measures effectively, and which must be
compatible with the aim of facilitating trade.

The Commission shall make provision for appropriate monitoring measures, to prevent or punish any
abuse or circumvention of the preferential measures.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

7.
necessary for the implementation of the rules referred to in paragraphs 2 to 5 of this Article.

CHAPTER 3

VALUE OF GOODS FOR CUSTOMS PURPOSES

Article 43

Scope

The customs value of goods, for the purposes of applying the Common Customs Tariff and non-tariff
measures laid down by Community provisions governing specific fields relating to trade in goods, shall be
determined in accordance with Articles 44 to 47.

Article 44

Transaction value

1.
The customs value of imported goods shall be the price actually paid or payable for the goods when
sold for export to the customs territory of the Community, adjusted, where necessary, in accordance with
measures adopted pursuant to paragraph 4, hereinafter ‘transaction value’.

The price actually paid or payable is the total payment made or to be made by the buyer to or for the
benefit of the seller for the imported goods and includes all payments made or to be made as a condition of
sale of the imported goods by the buyer to the seller, or by the buyer to a third party to satisfy an obligation
of the seller. The payment need not necessarily take the form of a transfer of money. Payment may be made
by way of letters of credit or negotiable instrument and may be made directly or indirectly.

2.

The transaction value shall apply provided that the following conditions are satisfied:

(a)

there are no restrictions as to the disposal or use of the goods by the buyer, other than the following:

(i)

restrictions imposed or required by a law or by the public authorities in the Community;

(ii)

limitations of the geographical area in which the goods may be resold;

(iii) restrictions which do not substantially affect the value of the goods;

(b) the sale or price is not subject to some condition or consideration for which a value cannot be deter-

mined with respect to the goods being valued;

(c) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue
directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with
measures adopted pursuant to paragraph 4;

(d) the buyer and seller are not related, or, where the buyer and seller are related, the transaction value is

acceptable for customs purposes under paragraph 3.

For the purposes of point (d) of paragraph 2, the fact that the buyer and the seller are related shall not
3.
in itself be sufficient grounds for regarding the transaction value as unacceptable. The circumstances
surrounding the sale shall, where necessary, be examined and the transaction value shall be accepted
provided that the relationship did not influence the price.

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If, in the light of information provided by the declarant or otherwise, the customs authorities have grounds
for considering that the relationship influenced the price, they shall notify the declarant of their grounds
and he shall be given a reasonable opportunity to respond.

4.
The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures
laying down the elements which, for the purposes of determining the customs value, must be added to the
price actually paid or payable, or which may be excluded.

Article 45

Secondary methods of customs valuation

1. Where the customs value cannot be determined under Article 44, it shall be determined by proceeding
sequentially from point (a) to point (d) of paragraph 2 of this Article, until the first point under which the
customs value can be determined.

The order of application of points (c) and (d) shall be reversed if the declarant so requests.

2.

(a)

The customs value, pursuant to paragraph 1, shall be:

the transaction value of identical goods sold for export to the customs territory of the Community and
exported at or about the same time as the goods being valued;

(b) the transaction value of similar goods sold for export to the customs territory of the Community and

exported at or about the same time as the goods being valued;

(c)

the value based on the unit price at which the imported goods, or identical or similar imported goods,
are sold within the customs territory of the Community in the greatest aggregate quantity to persons
not related to the sellers;

(d) the computed value, consisting of the sum of the following:

(i)

the cost or value of materials and manufacture or other processing employed in producing the
imported goods;

(ii) an amount for profit and general expenses equal to that usually reflected in sales of goods of the
same class or kind as the goods being valued which are made by producers in the country of expor-
tation for export to the customs territory of the Community;

(iii) the cost or value of transport of the imported goods to the place of introduction into the customs
territory of the Community, of loading and handling charges associated with that transport and of
insurance of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
laying down any further conditions and rules for the application of paragraph 2 of this Article.

Article 46

Fall back method

Where the customs value of imported goods cannot be determined under Articles 44 or 45, it shall be deter-
mined, on the basis of data available in the customs territory of the Community, using reasonable means
consistent with the principles and general provisions of the following:

(a)

the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade;

(b) Article VII of the General Agreement on Tariffs and Trade;

(c)

this Chapter.

However, none of the following may be used to determine a customs value under the first paragraph:

(a)

the selling price in the customs territory of the Community of goods produced in that territory;

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(b) a system which provides for the acceptance for customs purposes of the higher of two alternative

values;

(c)

the price of goods on the domestic market of the country of exportation;

(d) the cost of production, other than computed values which have been determined for identical or similar

goods in accordance with point (d) of Article 45(2);

(e) prices for export to a country not forming part of the customs territory of the Community;

(f) minimum customs values;

(g) arbitrary or fictitious values.

Article 47

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the rules for the determination of the customs value in specific cases and with regard to goods for
which a customs debt is incurred after the use of a special procedure.

TITLE III

CUSTOMS DEBT AND GUARANTEES

CHAPTER 1

INCURRENCE OF A CUSTOMS DEBT

Section 1

General provisions

Article 48

Customs debt

Duty on import or export shall be payable in respect of specific goods under the Common Customs Tariff,
and the amount payable shall constitute the customs debt.

Section 2

Customs debt on importation

Article 49

Release for free circulation, temporary admission

A customs debt on importation shall be incurred through the placing of non-Community goods under

1.
either of the following procedures:

(a) release for free circulation;

(b) temporary admission with partial relief from import duties.

2.

A customs debt shall be incurred at the time of acceptance of the customs declaration.

The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf

3.
the customs declaration is made shall also be a debtor.

Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up on
the basis of information which leads to all or part of the import duties not being collected, the person who
provided the information required for the declaration shall also be a debtor, if he knew, or ought reasonably
to have known, that such information was false.

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Article 50

Special provisions relating to non-originating goods

Tuesday, 12 December 2006

1. Where a prohibition of drawback of, or exemption from, import duties applies to non-originating
goods used in the manufacture of products, for which a proof of origin is issued or made out in the frame-
work of a preferential arrangement between the Community and certain countries or territories outside the
customs territory of the Community or groups of such countries or territories, a customs debt on importa-
tion shall be incurred in respect of these products, through either of the following:

(a)

the acceptance of the re-export notification relating to the products in question, obtained under inward
processing;

(b) the acceptance of the declaration relating to the goods placed under the inward processing procedure in

the case of prior exportation of the processed products in question.

is incurred pursuant

the
2. Where a customs debt
import duties shall be determined under the same conditions as in the case of a customs debt resulting from
the acceptance, on the same date, of the declaration for release for free circulation of the non-originating
goods used in the manufacture of the products in question for the purpose of ending the inward processing
procedure.

(a) of paragraph 1,

the amount of

to point

3.
Article 49 (2) and (3) shall apply. However, in the case of non-Community goods as referred to in
Article 188, the debtor shall be the person who lodges the re-export notification and, in the event of indirect
representation, the person on whose behalf the notification is lodged.

Article 51

Customs debt incurred through non-compliance

In cases other than those referred to in Articles 49 and 50, a customs debt on importation shall be

1.
incurred through non-compliance with either of the following:

(a) one of the obligations laid down in customs legislation concerning the introduction of non-Community
goods into the customs territory of the Community, or for the movement, processing, storage, use or
disposal of goods within that territory;

(b) a condition governing the placing of non-Community goods under a customs procedure or the granting,

by virtue of the end-use of the goods, of duty exemption or a reduced rate of import duty.

2.

(a)

The time at which the customs debt is incurred shall be either of the following:

the moment when the obligation the non-fulfilment of which gives rise to the customs debt is not met
or ceases to be met;

(b) the moment when the goods are placed under the customs procedure or declared for that purpose
where it is established subsequently that a condition governing the placing of the goods under that
procedure or the granting of a duty exemption or a reduced rate of import duty by virtue of the end-use
of the goods was not in fact fulfilled.

3.

In cases referred to under point (a) of paragraph 1, the debtor shall be any of the following:

(a) any person who was required to fulfil the obligations concerned;

(b) any person who was aware or should reasonably have been aware that an obligation under the customs
legislation was not fulfilled and who acted on behalf of the person who was obliged to fulfil the obliga-
tion, or who participated in the act which led to the non-fulfilment of the obligation;

(c) any person who acquired or held the goods in question and who was aware or should reasonably have
been aware at the time of acquiring or receiving the goods that an obligation under the customs legisla-
tion was not fulfilled.

In cases referred to under point (b) of paragraph 1, the debtor shall be the person who is required to
comply with the conditions governing the placing of the goods under a customs procedure or declaring the
goods concerned under that procedure or the granting of a duty exemption or reduced rate of duty by
virtue of the end-use of the goods.

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Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up, or
any information required under the customs legislation relating to the conditions governing the placing of
the goods under a customs procedure is given to the customs authorities, which leads to all or part of the
import duties not being collected, the person who provided the information required to draw up the declara-
tion and who knew, or who ought reasonably to have known, that such information was false shall also be
a debtor.

Article 52

Deduction of duties already paid

1. Where a customs debt is incurred, pursuant to Article 51(1), in respect of goods released for free circu-
lation at a reduced rate of import duty on account of their end-use, the amount paid when the goods were
released for free circulation shall be deducted from the amount of the customs debt.

The first subparagraph shall apply mutatis mutandis where a customs debt is incurred in respect of scrap
and waste resulting from the destruction of such goods.

in respect of goods placed under
2. Where a customs debt is incurred, pursuant to Article 51(1),
temporary admission with partial relief from import duties, the amount paid under partial relief shall be
deducted from the amount of the customs debt.

Section 3

Customs debt on exportation

Article 53

Export declaration

A customs debt on exportation shall be incurred through the placing of goods liable to export duties

1.
under the export procedure.

2.

The customs debt shall be incurred at the time of acceptance of the customs declaration.

The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf

3.
the declaration is made shall also be a debtor.

Where a customs declaration is drawn up on the basis of information which leads to all or part of the
export duties not being collected, the person who provided the information required for the declaration and
who knew, or who should reasonably have known, that such information was false shall also be a debtor.

Article 54

Customs debt incurred through non-compliance

In cases other than those referred to in Article 53, and if the goods are liable to export duties, a

1.
customs debt on exportation shall be incurred through non-compliance with either of the following:

(a) one of the obligations laid down in customs legislation for the exit, movement or disposal of the goods;

(b) the conditions under which the goods were allowed to leave the customs territory of the Community

with total or partial relief from export duties.

2.

(a)

The time at which the customs debt is incurred shall be one of the following:

the moment at which the goods actually leave the customs territory of the Community without a
customs declaration;

(b) the moment at which the goods reach a destination other than that for which they were allowed to

leave the customs territory of the Community with total or partial relief from export duties;

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(c) should the customs authorities be unable to determine the moment referred in point (b), the expiry of
the time limit set for the production of evidence that the conditions entitling the goods to such relief
have been fulfilled.

3. Where goods liable to export duties leave the customs territory of the Community without a customs
declaration, the debtor shall be any of the following:

(a) any person who was required to fulfil the obligation concerned;

(b) any person who participated in the act which led to the non-fulfilment of the obligation and who was
aware or should reasonably have been aware that a customs declaration had not been lodged but should
have been.

4. Where a customs debt arises as a consequence of failure to comply with the conditions under which
the goods were allowed to leave the customs territory of the Community with total or partial relief from
export duties, the debtor shall be any of the following:

(a)

the declarant;

(b) in the event of indirect representation, the person on whose behalf the declaration is made.

Section 4

Provisions common to customs debts incurred on importation and
exportation

Article 55

Prohibitions and restrictions

The customs debt on importation or exportation shall be incurred even if it relates to goods which are
subject to measures of prohibition or restriction on importation or exportation of any kind.

However, no customs debt shall be incurred on the unlawful introduction into the customs territory of the
Community of counterfeit currency or of narcotic drugs and psychotropic substances which do not enter
into the economic circuit strictly supervised by the competent authorities with a view to their use for
medical and scientific purposes.

For the purposes of penalties as applicable to customs offences, the customs debt shall nevertheless be
deemed to have been incurred where, under the law of a Member State, customs duties or the existence of a
customs debt provide the basis for determining penalties.

Article 56

Several debtors

Where several persons are liable for payment of one customs debt, they shall each be liable for the totality
of the debt.

However, priority in the first instance shall be given to the recovery of the customs debt from the
importer or exporter of record.

Where one or more of those persons have deliberately infringed the customs legislation, priority shall be
given to recovery of the customs debt from those persons.

Article 57

General rules for calculation of the amount of duty

1.
The amount of the import or export duty shall be determined on the basis of those rules for calcula-
tion of duty which were applicable to the goods concerned at the time at which the customs debt in respect
of them was incurred.

2. Where it is not possible to determine precisely the time at which the customs debt is incurred, that
time shall be deemed to be the time at which the customs authorities conclude that the goods are in a situa-
tion in which a customs debt has been incurred.

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However, where the information available to the customs authorities enables them to establish that the
customs debt had been incurred prior to the time at which they reached that conclusion, the customs debt
shall be deemed to have been incurred at the earliest time that such a situation can be established.

3. Where customs legislation provides for a favourable tariff treatment of goods, relief or total or partial
exemption from import or export duties, pursuant to points (d) to (g) of Article 36(2), Articles 136 to 140,
177 and 180 to 183, such favourable tariff treatment, relief or exemption shall also apply in cases where a
customs debt is incurred pursuant to Articles 51 or 54, on condition that the behaviour of the person
concerned involves no fraudulent dealing.

Article 58

Special rules for calculation of the amount of duty

1. Where costs for storage or usual forms of handling have been incurred within the customs territory of
the Community in respect of goods placed under a customs procedure, such costs or the increase in value
shall not be taken into account for the calculation of the amount of import duty where satisfactory proof of
these costs is provided by the declarant.

However, the customs value, nature and origin of non-Community goods used in the operations shall be
taken into account for the calculation of the amount of import duties.

2. Where the tariff classification of goods placed under a customs procedure changes as a result of usual
forms of handling within the customs territory of the Community, the original tariff classification for the
goods placed under the procedure shall be applied at the request of the declarant.

3. Where a customs debt is incurred for processed products resulting from the inward processing proce-
dure, the amount of such debt shall, at the request of the declarant, be determined on the basis of the tariff
classification, customs value, nature and origin of the goods placed under the inward processing procedure
at the time of acceptance of the declaration relating to these goods.

Article 59

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the following:

(a)

the rules for the calculation of the amount of the import duty or export duty applicable to goods;

(b) further special rules for specific procedures.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down derogations
from Articles 57 and 58.

Article 60

Place where the customs debt is incurred

A customs debt shall be incurred at the place where the customs declaration referred to in Articles 49

1.
and 53 is lodged or, pursuant to Article 128(3), is deemed to have been lodged.

In all other cases, the place where a customs debt is incurred shall be the place where the events from which
it arises occur.

If it is not possible to determine that place, the customs debt shall be incurred at the place where the
customs authorities conclude that the goods are in a situation in which a customs debt is incurred.

2.
If the goods have been entered for a customs procedure which has not been discharged, and the place
cannot be determined, pursuant to the second or third subparagraphs of paragraph 1, within a specified
period of time, the customs debt shall be incurred at the place where the goods were either placed under
the procedure concerned or were introduced into the customs territory of the Community under that
procedure.

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The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the period of time referred to in the first subparagraph of this paragraph.

3. Where the information available to the customs authorities enables them to establish that the customs
debt may have been incurred in several places, the customs debt shall be deemed to have been incurred at
the place where it was first incurred.

4.
(a) of
If a customs authority establishes that a customs debt has been incurred under point
Article 51(1) in another Member State and the amount of that debt is lower than 100 000 euro, the debt
shall be deemed to have been incurred in the Member State where the finding was made.

CHAPTER 2

GUARANTEE FOR A POTENTIAL OR EXISTING CUSTOMS DEBT

Article 61

General provisions

This Chapter shall apply to guarantees both for customs debts which have been incurred and for those

1.
which may be incurred, unless it is otherwise specified.

2.
Customs authorities may require the debtor to provide a guarantee in order to ensure payment of a
customs debt and of other charges, in particular VAT and excise duty as provided for under VAT and excise
provisions in force.

3. Where the customs authorities require a guarantee to be provided, it shall be required from the debtor
or the person who may become liable for that debt.

The customs authorities shall require only one guarantee to be provided in respect of specific goods or

4.
a specific declaration.

The guarantee provided for a specific declaration shall apply to the customs debt in respect of all goods
covered by or released against that declaration, whether or not that declaration is correct.

The customs authorities shall permit the guarantee to be provided by a person other than the person

5.
from whom it is required.

6.
At the request of the person referred to in paragraphs 3 or 5 of this Article, the customs authorities
may, in accordance with Article 67(1) and (2), authorize the provision of a comprehensive guarantee to
cover the customs debt in respect of two or more operations, declarations or procedures.

No guarantee shall be required from States, regional and local government authorities or other bodies

7.
governed by public law, in respect of the activities in which they engage as public authorities.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down other cases in
which no guarantee is to be required or a reduced guarantee is to be required.

The customs authorities may waive the requirement for provision of a guarantee where the amount to
8.
be secured does not exceed the statistical threshold for declarations laid down in accordance with Article 12
of Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the
Community and its Member States with non-member countries (1).

A guarantee accepted or authorized by the customs authorities shall be valid throughout the customs

9.
territory of the Community, for the purposes for which it is given.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to the
first subparagraph of this paragraph.

(1) OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regulation (EC) No 476/97 (OJ L 75, 15.3.1997, p. 1).

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Article 62

Compulsory guarantee

1. Where it is compulsory for a guarantee to be provided, and subject to the rules adopted pursuant to
paragraph 3, the customs authorities shall fix the amount of such guarantee at a level equal to the precise
amount of the customs debt in question where that amount can be established with certainty at the time
when the guarantee is required.

Where it is not possible to establish the precise amount of the customs debt, the amount of the guarantee
shall be fixed as the maximum amount, as estimated by the customs authorities, of the customs debt which
has been or may be incurred.

2. Without prejudice to Article 67, where a comprehensive guarantee is provided for customs debts
which vary in amount over time, the amount of such guarantee shall be set at a level enabling the customs
debts in question to be covered at all times.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
for the implementation of paragraph 1 of this Article.

Article 63

Optional guarantee

Where the provision of a guarantee is optional, such guarantee shall in any case be required by the customs
authorities if they consider that a customs debt is not certain to be paid within the prescribed period. Its
amount shall be fixed by those authorities so as not to exceed the level referred to in Article 62.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down when a guarantee is optional.

Article 64

Provision of a guarantee

1.

A guarantee may be provided in one of the following ways

(a) by a cash deposit or by any other means of payment recognized by the customs authorities as being
equivalent to a cash deposit, made in euro or in the currency of the Member State in which the guar-
antee is required;

(b) by an undertaking given by a guarantor;

(c) by another form of guarantee which provides equivalent assurance that the customs debt will be paid,
such as a declaration of compliance with an existing industry wide agreement, a notorial declaration,
a special agreement between operators and customs authorities, etc.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures speci-
fying the forms of guarantee referred in point (c) of the first subparagraph of this paragraph.

A guarantee in the form of a cash deposit or payment deemed equivalent to a cash deposit shall be

2.
given in accordance with the provisions in force in the Member State in which the guarantee is required.

Article 65

Choice of guarantee

The person required to provide a guarantee may choose between the types of guarantee laid down in
Article 64(1).

However, the customs authorities may refuse to accept the type of guarantee chosen where it is incompatible
with the proper functioning of the customs procedure concerned.

The customs authorities may require that the type of guarantee chosen be maintained for a specific period.

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Article 66

Guarantor

Tuesday, 12 December 2006

1.
The guarantor referred to in point (b) of Article 64(1) must be a third person established in the
customs territory of the Community. The guarantor must be approved by the customs authorities requiring
the guarantee, unless the guarantor is a bank or other officially recognized financial institution accredited in
the Community.

2.

The guarantor shall undertake in writing to pay the secured amount of a customs debt.

The undertaking shall also cover, within the limits of the secured amount, amounts of import or export
duties payable following post-release verification.

The customs authorities may refuse to approve the guarantor or type of guarantee proposed where

3.
either do not appear certain to ensure payment of the customs debt within the prescribed period.

Article 67

Comprehensive guarantee

The authorization referred to in Article 61(6) shall be granted only to persons who satisfy the

1.
following conditions:

(a)

they are established in the Community;

(b) they have not committed serious or repeated offences against customs or tax law;

(c)

they are regular users of the procedures involved or are known to the customs authorities to have the
capacity to fulfil their obligation in relation to these procedures.

2. Where a comprehensive guarantee is to be provided for customs debts which may be incurred, an
economic operator may use a comprehensive guarantee with a reduced amount or have a guarantee waiver,
in accordance with Article 61(7), provided that at least the following criteria are fulfilled:

(a)

the correct use of the customs procedure concerned during a given period;

(b) co-operation with the customs authorities;

(c)

in respect of the guarantee waiver, a good financial standing which is sufficient to fulfil the commit-
ments of that person.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
governing the granting of authorizations under paragraphs 1 and 2 of this Article.

Article 68

Additional provisions relating to the use of guarantees

In cases where a customs debt may be incurred in the framework of special procedures, paragraphs 2,

1.
3 and 4 shall apply.

The guarantee waiver authorized in accordance with Article 67(2) shall not apply to goods which are

2.
considered to present increased risks.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it for the implementation of the
first subparagraph of this paragraph.

As an exceptional measure in special circumstances, the Commission may, in accordance with the
3.
procedure referred to in Article 194(3), adopt measures amending non-essential elements of this
Regulation by supplementing it by temporarily prohibiting the use of a comprehensive guarantee with a
reduced amount referred to in Article 67(2).

In respect of goods which have been identified as being subject to large-scale fraud while under a
4.
comprehensive guarantee,
in accordance with the procedure referred to in
Article 194(3), adopt measures amending non-essential elements of this Regulation by supplementing it
by temporarily prohibiting the use of a comprehensive guarantee.

the Commission may,

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Article 69

Additional or replacement guarantee

Where the customs authorities establish that the guarantee provided does not ensure, or is no longer certain
or sufficient to ensure, payment of the customs debt within the prescribed period, they shall require any of
the persons referred to in Article 61(3), either to provide an additional guarantee or to replace the original
guarantee with a new guarantee, according to his choice.

Article 70

Release of the guarantee

The customs authorities shall release the guarantee when the customs debt is extinguished or can no

1.
longer arise.

2. Where the customs debt has been extinguished in part, or may arise only in respect of part, of the
amount which has been secured, a corresponding part of the guarantee shall be released accordingly at the
request of the person concerned, unless the amount involved does not justify such action.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
for the implementation of paragraphs 1 and 2 of this Article.

CHAPTER 3

RECOVERY AND PAYMENT OF DUTY AND REPAYMENT AND REMISSION
OF DUTY

Section 1

Determination, notification to the debtor and entry in the accounts of
the amount of duty

Article 71

Determination of the amount of duty

The amount of duty payable shall be determined by the customs authorities responsible for the territory in
which the customs debt is incurred, or is deemed to have been incurred in accordance with Article 60, as
soon as they have the necessary information.

Article 72

Notification of the customs debt

The decision determining the amount of duty payable shall be notified to the debtor in the form

1.
prescribed by national law in the territory in which the debt was incurred.

The notification referred to in the first subparagraph shall not be made in the following situations:

(a) where, pending a final determination of the amount of duty, a provisional commercial policy measure

taking the form of a duty has been imposed;

(b) where the amount of duty payable exceeds that determined on the basis of a decision made in accord-

ance with Article 21;

(c) where the original decision not to notify the amount of duty or to notify the amount of duty at a figure
less than the amount payable was taken on the basis of general provisions invalidated at a later date by a
court decision;

(d)

in cases where the customs authorities are exempted from notification of amounts of duty.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of point (d) of the second subparagraph of this paragraph.

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2. Where the amount of duty payable is equal to the amount entered in the customs declaration, the
debtor need not be notified of the decision referred to in paragraph 1.

In such cases, release of the goods by the customs authorities shall be equivalent to a decision notifying the
debtor of the amount of duty payable.

3. Where paragraph 2 of this Article does not apply, the decision determining the amount of duty
payable shall be notified to the debtor within fourteen days of the date on which the customs authorities are
in a position to take that decision in accordance with Article 17(4).

Article 73

Time limit for notification of a customs debt

Notification of a decision determining the amount of duty may not be issued to the debtor after the

1.
expiry of a period of three years from the date on which the customs debt was incurred.

2. Where the customs debt is the result of an act which, at the time it was committed, was liable to give
rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a
period of ten years.

3. Where an appeal is lodged under Article 24, the periods laid down in paragraphs 1 and 2 of this
Article shall be suspended, for the duration of the appeal proceedings, from the date on which the appeal is
lodged.

4. Where liability for a customs debt is reinstated pursuant to Article 84(3) the periods laid down in para-
graphs 1 and 2 of this Article shall be considered as suspended from the date on which the repayment or
remission application was submitted in accordance with Article 90, until a decision on the repayment or
remission is taken.

Article 74

Entry in the accounts

The customs authorities referred to in Article 71 shall enter the amount of duty payable in their

1.
accounts.

The first subparagraph shall not apply in cases referred to in the second subparagraph of Article 72(1).

The customs authorities need not enter in the accounts amounts of duty which, pursuant to Article 73,
could no longer be notified to the debtor.

2.
The Member States shall determine the practical procedures for the entry in the accounts of the
amounts of duty. Those procedures may differ according to whether or not, in view of the circumstances in
which the customs debt was incurred, the customs authorities are satisfied that those amounts will be paid.

Article 75

Time of entry in the accounts

1. Where a customs debt is incurred as a result of the acceptance of the declaration of goods for a
customs procedure, other than temporary admission with partial relief from import duties, or of any other
act having the same legal effect as such acceptance, the customs authorities shall enter the amount of duty
payable in the accounts within fourteen days of the release of the goods.

However, provided that payment has been guaranteed, the total amount of duty relating to all the goods
released to one and the same person during a period fixed by the customs authorities, which may not
exceed 31 days, may be covered by a single entry in the accounts at the end of that period. Such entry in
the accounts shall take place within five days of the expiry of the period concerned.

2. Where goods may be released subject to certain conditions which govern either the determination of
the amount of duty payable or its collection, entry in the accounts shall take place within fourteen days of
the day on which the amount of duty payable is determined or the obligation to pay that duty is fixed.

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However, where the customs debt relates to a provisional commercial policy measure taking the form of a
duty, the amount of duty payable shall be entered in the accounts within two months of the date of publica-
tion in the Official Journal of the European Union of the Regulation establishing the definitive commercial
policy measure.

3. Where a customs debt is incurred in circumstances not covered by paragraph 1, the amount of duty
payable shall be entered in the accounts within fourteen days of the date on which the customs authorities
are in a position to calculate the amount of duty in question and determine the debtor.

4.
Paragraph 3 shall apply mutatis mutandis with regard to the amount of duty to be recovered or which
remains to be recovered where the amount of duty payable has not been entered in the accounts in accord-
ance with paragraphs 1, 2 and 3, or has been determined and entered in the accounts at a level lower than
the amount payable.

The time limits for entry in the accounts laid down in paragraphs 1, 2 and 3 shall not apply in unfore-

5.
seeable circumstances or in cases of force majeure.

Article 76

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down rules for entry in the accounts.

Section 2

Time limit and procedures for payment of duty

Article 77

General time limits for payment, supervision of payment

Amounts of duty notified in accordance with Article 72 shall be paid by the debtor within the period

1.
prescribed by the customs authorities.

Without prejudice to Article 25(2), that period shall not exceed ten days following notification to the debtor
of the amount of duty payable. In the case of aggregation of entries in the accounts under the conditions
laid down in the second subparagraph of Article 75(1), it shall be so fixed as not to enable the debtor to
obtain a longer period for payment than if he had been granted deferred payment in accordance with
Article 79.

An extension of that period shall be granted automatically where it is established that the person concerned
received the notification too late to enable him to make payment within the period prescribed.

Extension of that period may also be granted by the customs authorities at the request of the debtor where
the amount of duty payable has been determined in the course of post-release verification as referred to in
Article 29. Without prejudice to Article 82(1), such extensions shall not exceed the time necessary for the
debtor to take the appropriate steps to discharge his obligation.

If the debtor is entitled to any of the payment facilities laid down in Articles 79 to 82, payment shall

2.
be made within the period or periods specified in relation to those facilities.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
3.
amending non-essential elements of this Regulation by supplementing it by laying down the conditions
for the suspension of the time limit for payment of debt in the following situations:

(a) where an application for remission of duty is made in accordance with Article 90;

(b) where goods are to be confiscated, destroyed or abandoned to the State;

(c) where the customs debt was incurred pursuant to Article 51 and there is more than one debtor.

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Article 78

Payment

Tuesday, 12 December 2006

Payment shall be made in cash or by any other means with similar discharging effect, including by

1.
adjustment of credit balance as agreed with the customs authorities.

2.

Payment may be made by a third person instead of the debtor.

Article 79

Deferment of payment

Without prejudice to Article 85, the customs authorities shall, at the request of the person concerned and
upon provision of a guarantee, permit deferment of payment of the duty payable in any of the following
ways:

(a) separately in respect of each amount of duty entered in the accounts in accordance with the first sub-

paragraph of Article 75(1), or Article 75(4);

(b) globally in respect of all amounts of duty entered in the accounts in accordance with the first sub-
paragraph of Article 75(1) during a period fixed by the customs authorities and not exceeding 31 days;

(c) globally in respect of all amounts of duty forming a single entry in accordance with the second sub-

paragraph of Article 75(1).

Article 80

Time limits for deferred payment

The period for which payment is deferred under Article 79 shall be 30 days. It shall be calculated as

1.
set out in paragraphs 2, 3 and 4 of this Article.

2. Where payment is deferred in accordance with point (a) of Article 79, the period shall begin on the
day following that on which the amount of duty payable is notified to the debtor.

3. Where payment is deferred in accordance with point (b) of Article 79, the period shall begin on the
day following that on which the aggregation period ends. It shall be reduced by the number of days
corresponding to half the number of days covered by the aggregation period.

4. Where payment is deferred in accordance with point (c) of Article 79, the period shall begin on the
day following the end of the period fixed for release of the goods in question. It shall be reduced by the
number of days corresponding to half the number of days covered by the period concerned.

5. Where the number of days in the periods referred to in paragraphs 3 and 4 is an odd number, the
number of days to be deducted from the 30-day period pursuant to those paragraphs shall be equal to half
the next lowest even number.

6. Where the periods referred to in paragraphs 3 and 4 are calendar weeks, Member States may provide
that the amount of duty in respect of which payment has been deferred is to be paid on the Friday of the
fourth week following the calendar week in question.

If these periods are calendar months, Member States may provide that the amount of duty in respect of
which payment has been deferred is to be paid by the sixteenth day of the month following the calendar
month in question.

Article 81

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the rules for
deferment of payment in cases where the customs declaration is simplified in accordance with Articles 125
or 127.

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Article 82

Other payment facilities

The customs authorities may grant the debtor payment facilities other than deferred payment on

1.
condition that a guarantee is provided.

However, such guarantee need not be required where it is established that to require it would, because of the
situation of the debtor, create serious economic or social difficulties.

Where facilities are granted pursuant to the first subparagraph, credit interest shall be charged on the
amount of duty. The amount of such interest shall be equivalent to the amount which would be charged for
this purpose on the euro market or, where appropriate, the national market of the currency in which the
amount is payable.

The customs authorities may refrain from charging credit interest where to charge it would, because of the
situation of the debtor, create serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

2.
for the implementation of paragraph 1.

Article 83

Enforcement of payment, arrears

1. Where the amount of duty payable has not been paid within the prescribed period, the customs autho-
rities shall secure payment of that amount by all means available to them according to the law of the
Member State.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it in respect of securing payment
from guarantors within the framework of a special procedure.

2.
Interest on arrears shall be charged on the amount of duty from the date of expiry of the prescribed
period until the date of payment. The rate of interest on arrears shall be no more than one percentage point
higher than the rate of credit interest within the euro or national currency market concerned. It may not be
lower than that rate.

3. Where the amount of a customs debt has been notified pursuant to Articles 72(3), interest on arrears
shall be charged over and above the amount of duty, from the date on which the customs debt was incurred
until the date of notification.

The rate of interest on arrears shall be set in accordance with paragraph 2.

The customs authorities may refrain from charging interest on arrears where to charge it would,

4.
because of the situation of the debtor, create serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the cases, in
terms of time and amounts,
in which the customs authorities may waive the collection of interest on
arrears.

Section 3

Repayment and remission of duty

Article 84

General provisions

1.

For the purposes of this Section, the following definitions shall apply:

(a)

‘repayment’ means the refunding of import or export duties which have been paid;

(b) ‘remission’ means the waiving of the obligation to pay an amount of import or export duty which has

not been paid.

Where reference is made in this section to import or export duties, it shall be deemed also to cover interest
on arrears.

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2.

Repayment shall not give rise to the payment of interest by the customs authorities concerned.

However, interest shall be paid where a decision granting repayment under Article 85 is not implemented
within three months of the date on which that decision was taken.

In such cases, the interest shall be paid from the date of expiry of the three month period until the date of
repayment. The rate of interest shall be equivalent to the rate of interest on the euro or national currency
market concerned.

3. Where a customs authority has granted repayment or remission in error, duty liability shall be rein-
stated in so far as recovery of the original customs debt is not time-barred under Article 73.

In such cases, any interest paid under the second subparagraph of paragraph 2 of this Article must be
reimbursed.

Article 85

Repayment and remission

1.
Subject to the conditions laid down in this Section, import or export duties shall, provided that the
amount to be repaid or remitted exceeds a certain amount, be repaid or remitted on the following grounds:

(a) overcharged duties;

(b) defective goods;

(c) error by the customs authorities;

(d) equity.

In addition, where duties have been paid and the corresponding customs declaration is invalidated,
accordance with Article 117, those duties shall be repaid.

in

2.
Subject to the rules of competence for a decision, where the customs authorities themselves discover
within the periods referred to in Article 90(1) that import or export duties are repayable or remissible
pursuant to Articles 86, 88 or 89, they shall repay or remit on their own initiative.

No repayment or remission shall be granted when the situation which led to the decision determining

3.
an amount of duty results from deception by the debtor.

Article 86

Repayment and remission of overcharged duties

Import or export duties shall be repaid or remitted in so far as the amount set out in the original customs
decision exceeds the amount payable, or was notified to the debtor contrary to points (c) or (d) of
Article 72(1).

Article 87

Defective goods

1.
Import duties shall be repaid or remitted if the decision determining the amount of such duties relates
to goods released for free circulation which have been rejected by the importer because, at the time of
release, they were defective or did not comply with the terms of the contract on the basis of which they
were imported.

Defective goods shall be deemed to include goods damaged before their release.

2.
Repayment or remission of import duties shall be granted provided the goods have not been used,
except for such initial use as may have been necessary to establish that they were defective or did not
comply with the terms of the contract.

3.
The customs authorities shall ensure that the debtor re-exports the goods from the customs territory
of the Community or, at his request, places them under the inward processing procedure (including for
destruction), external transit or warehousing or in a free zone.

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Article 88

Repayment or remission on account of error by the customs
authorities

A decision to repay or remit import or export duties shall be taken where the original decision determining
the amount of duty did not correspond to the amount payable, as a result of an error on the part of the
customs authorities, provided the following conditions are met:

(a)

the debtor could not reasonably have detected that error;

(b) the debtor was acting in good faith.

Where the preferential status of the goods is established on the basis of a system of administrative co-opera-
tion involving the authorities of a country or territory outside the customs territory of the Community, the
issue of a certificate by those authorities, should it prove to be incorrect, shall constitute an error which
could not reasonably have been detected within the meaning of point (a) of the first paragraph.

The issue of an incorrect certificate shall not, however, constitute an error where the certificate is based on
an incorrect account of the facts provided by the exporter, except where it is evident that the issuing authori-
ties were aware or should have been aware that the goods did not satisfy the conditions laid down for
entitlement to the preferential treatment.

The debtor shall be considered to be in good faith if he can demonstrate that, during the period of the
trading operations concerned, he has taken due care to ensure that all the conditions for the preferential
treatment have been fulfilled.

The debtor may not rely on a plea of good faith if the Commission has published a notice in the Official
Journal of the European Union, stating that there are grounds for doubt concerning the proper application of
the preferential arrangements by the beneficiary country or territory.

Article 89

Repayment and remission in equity

In situations other than those referred to in the second subparagraph of Article 85(1) and in Articles 86, 87
and 88, import and export duties shall be repaid or remitted in the interest of equity where a customs debt
is incurred under special circumstances in which no deception or obvious negligence may be attributed to
the debtor.

Article 90

Procedure for repayment and remission

A debtor who considers that import or export duties are repayable or remissible under Article 85 shall

1.
submit an application to the appropriate customs office within the following periods:

(a)

in the case of overcharged duties, error by the customs authorities, or equity, within three years of the
date of notification of the amount;

(b) in the case of defective goods, within one year of the date of notification of the amount;

(c)

in the case of invalidation of a customs declaration, within the period specified in the rules applicable to
invalidation.

The period specified in points (a) and (b) of the first subparagraph shall be extended where the applicant
provides evidence that he was prevented from submitting his application in good time as a result of unfore-
seeable circumstances or force majeure.

Paragraph 1 shall apply mutatis mutandis in cases where the customs authorities repay or remit on

2.
their own initiative pursuant to Article 85(2).

3. Where an appeal has been lodged under Article 24 against the notification of the customs debt, the
relevant period specified in the first subparagraph of paragraph 1 of this Article shall be suspended, from
the date on which the appeal is lodged, for the duration of the appeal proceedings.

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Following receipt of an application in accordance with paragraph 1, the customs authorities shall take

4.
a decision as to whether or not to grant repayment or remission, as appropriate.

Tuesday, 12 December 2006

Repayment or remission may be in whole or in part.

Article 91

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of this Section. These measures shall lay down the cases in which the Commission shall,
in accordance with the procedure referred to in Article 194(4), decide whether remission or repayment of an
amount of duty is justified.

CHAPTER 4

EXTINCTION OF CUSTOMS DEBT

Article 92

Extinction

1. Without prejudice to the provisions in force relating to the time-barring of a customs debt and non-re-
covery of such a debt in the event of the legally established insolvency of the debtor, a customs debt on
importation or exportation shall be extinguished in any of the following ways:

(a) by payment of the amount of duty;

(b) subject to paragraph 4, by remission of the amount of duty;

(c) where, in respect of goods declared for a customs procedure entailing the obligation to pay duties, the

customs declaration is invalidated;

(d) where goods liable to import or export duties are seized or confiscated;

(e) where goods liable to import or export duties are destroyed under customs supervision or abandoned to

the State;

(f) where the disappearance of the goods or the non-fulfilment of obligations arising from the customs
legislation results from the total destruction or irretrievable loss of those goods as a result of the actual
nature of the goods or unforeseeable circumstances or force majeure, or as a consequence of instruction
by the customs authorities;

(g) where the debt was incurred pursuant to Article 51 or 54 and where the following conditions are

fulfilled:

(i)

the failure which lead to the incurrence of a customs debt had no significant effect on the correct
operation of the procedure declared and did not constitute an attempt at deception;

(ii) all of the formalities necessary to regularize the situation of the goods are subsequently carried out;

(h) where goods released for free circulation duty-free, or at a reduced rate of import duty by virtue of their

end-use, have been exported with the permission of the customs authorities;

(i) where it was incurred pursuant to Article 50 and where the formalities carried out in order to enable
the preferential tariff treatment referred to in that Article to be granted are cancelled or satisfactory
proof is submitted that preferential tariff treatment has not been granted;

(j) where, subject to paragraph 5 of this Article, the debt was incurred pursuant to Article 51 and evidence
is provided to the satisfaction of the customs authorities that the goods have not been used or
consumed and have been exported from the customs territory of the Community.

For the purposes of point (f) of the first subparagraph, goods shall be considered as irretrievably lost when
they have been rendered unusable by any person.

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2.
In the event of seizure or confiscation, as referred to in point (d) of paragraph 1, the customs debt
shall, nevertheless, for the purposes of penalties applicable to customs offences, be deemed not to have been
extinguished where, under the law of a Member State, customs duties or the existence of a customs debt
provide the basis for determining penalties.

3. Where a customs debt is extinguished in respect of goods released for free circulation duty-free or at a
reduced rate of import duty on account of their end-use, any scrap or waste resulting from such destruction
shall be deemed to be non-Community goods.

4. Where several persons are liable for payment of the customs debt and remission is granted, the obliga-
tion to pay the amount of duty shall be extinguished only in respect of the person or persons to whom the
remission is granted.

In the case referred to in point (j) of paragraph 1, the obligation to pay the amount of duty shall not

5.
be extinguished in respect of any person or persons who attempted deception.

6. Where the debt was incurred pursuant to Article 51, the obligation to pay the amount of duty shall be
extinguished with regard to the person whose behaviour did not involve any attempt at deception and who
contributed to the fight against fraud, in particular in cases where a controlled delivery was performed to
facilitate the identification of criminals.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

7.
for the implementation of paragraphs 1 to 6 of this Article.

TITLE IV

ARRIVAL OF GOODS IN THE CUSTOMS TERRITORY OF THE COMMUNITY

CHAPTER 1

GOODS BROUGHT INTO THE CUSTOMS TERRITORY

Article 93

Obligation to lodge an import summary declaration

1.
Goods brought into the customs territory of the Community shall be covered by an import summary
declaration, with the exception of goods carried on means of transport only passing through the territorial
waters or the airspace of the customs territory of the Community without a stop within that territory.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down a common data set and format for the import summary declaration, containing the particulars neces-
sary for risk analysis and the proper application of customs controls, primarily for security and safety
purposes, using, where appropriate, international standards and commercial practices.

Except where otherwise specified, an import summary declaration shall be lodged or made available at

2.
the competent customs office before the goods are brought into the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
concerning the following:

(a)

the deadline by which the import summary declaration shall be lodged or made available before the
goods are brought into the customs territory of the Community;

(b) the determination of the competent customs office at which the import summary declaration shall be
lodged or made available and where risk analysis and risk-based entry controls are to be carried out.

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The Commission shall,

4.
in accordance with the procedure referred to in Article 194(3), adopt
measures amending non-essential elements of this Regulation by supplementing it concerning the
following:

(a)

the conditions under which the requirement for an import summary declaration may be waived or
adapted;

(b) the rules for exceptions from and variations to the deadline referred to in point (a) of paragraph 3.

5.

In adopting the measures referred to in paragraphs 3 and 4, account shall be taken of the following:

(a) special circumstances;

(b) the application of these measures to certain types of goods traffic, modes of transport or economic

operators;

(c)

international agreements which provide for special security arrangements.

Article 94

Lodgement and responsible person

The import summary declaration shall be lodged using an electronic data processing technique.
1.
Commercial, port or transport information may be used provided it contains the necessary particulars for
an import summary declaration.

Customs authorities may, in exceptional circumstances, accept paper-based import summary declarations,
provided that they apply the same level of risk management as that applied to import summary declarations
made using an electronic data processing technique and that the requirements for the exchange of such data
with other customs offices can be met.

The import summary declaration shall be lodged by the person who brings the goods, or who

2.
assumes responsibility for the carriage of the goods, into the customs territory of the Community.

Notwithstanding the obligations of the person referred to in paragraph 2, the import summary

3.
declaration may be lodged instead by one of the following persons:

(a)

the importer or consignee or other person in whose name or on whose behalf the person referred to in
paragraph 2 acts;

(b) any person who is able to present the goods in question or to have them presented to the competent

customs authority.

4. Where appropriate, the customs authorities shall inform the person who lodged the import summary
declaration of consignments which may pose particular security or safety risks.

5. Where the import summary declaration is lodged by a person other than the operator of the means
of transport by which the goods are brought on to Community customs territory, that operator shall
lodge with the appropriate customs office a notification of arrival in the form of a manifest, a dispatch
note or a load sheet containing the information required in order to enable all the goods transported
which are to be covered by an import summary declaration to be identified.

Pursuant to the procedure referred to in Article 194(2) the Commission shall lay down the measures
stipulating the information which must appear on the notification of arrival.

Paragraph 1 shall apply, mutatis mutandis, to the first subparagraph of this paragraph.

Article 95

Amendment of summary declaration

The person who lodges the import summary declaration shall, at his request, be permitted to amend one or
more particulars of the declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend
to examine the goods;

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(b) the customs authorities have established that the particulars in question are incorrect;

(c)

the customs authorities have allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to
point (c) of the second paragraph of this Article.

Article 96

Customs declaration replacing summary declaration

The competent customs office may waive the lodging of an import summary declaration in respect of goods
for which, prior to the expiry of the deadline referred to in point (b) of Article 93(3), a customs declaration
is lodged. In this case, the customs declaration shall contain at least the particulars necessary for the import
summary declaration. Until such time as the customs declaration is accepted in accordance with Article 114,
it shall have the status of an import summary declaration.

CHAPTER 2

ARRIVAL OF GOODS

Section 1

Entry of goods into the customs territory of the Community

Article 97

Customs supervision

1.
Goods brought into the customs territory of the Community shall, from the time of their entry, be
subject to customs supervision and may be subject to customs controls. They shall be subject to the applica-
tion of prohibitions and restrictions, justified on grounds of public morality, public policy or public security,
the protection of the health and life of humans, animals or plants, the protection of the environment, the
protection of national treasures possessing artistic, historic or archaeological value, the implementation of
fishery conservation and management measures or the protection of industrial or commercial property,
including controls on drug pre-cursors, counterfeit goods and cash entering the Community.

They shall remain under such supervision for as long as is necessary to determine their customs status.

Without prejudice to Article 175, Community goods shall not be subject to customs supervision once their
status is established.

Non-Community goods shall remain under customs supervision until their customs status is changed, or
they are exported or destroyed.

2.
Any person with an interest in goods under customs supervision may, with the permission of the
customs authorities, at any time examine the goods or take samples, in order to determine their tariff classi-
fication, customs value or customs status.

Goods shall not be removed from customs supervision until release is granted by the customs

3.
authorities.

Article 98

Conveyance to the appropriate place

1.
The person who brings goods into the customs territory of the Community shall convey them without
delay, by the route specified by the customs authorities and in accordance with their instructions, if any, to
the customs office designated by the customs authorities, or to any other place designated or approved by
those authorities, or into a free zone.

Goods brought into a free zone shall be brought into that free zone directly, either by sea or air or, if by
land, without passing through another part of the customs territory of the Community.

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The goods shall be presented to the customs authorities immediately upon their arrival, in accordance with
Article 101.

2.
Any person who assumes responsibility for the carriage of goods after they have been brought into
the customs territory of the Community shall become responsible for compliance with the obligation laid
down in paragraph 1.

3.
Goods which, although still outside the customs territory of the Community, may be subject to
customs controls by the customs authority of a Member State as a result of an agreement concluded with
the relevant country or territory outside the customs territory of the Community, shall be treated in the
same way as goods brought into the customs territory of the Community.

4.
Paragraph 1 shall not preclude application of any special provisions with respect to letters, postcards
and printed matter or to goods carried by travellers, provided that customs supervision and customs control
possibilities are not thereby jeopardised.

5.
Paragraph 1 shall not apply to goods carried on means of transport only passing through the terri-
torial waters or the airspace of the customs territory of the Community without a stop within that territory.

Article 99

Intra-Community air and sea services

1.
Paragraphs 1 to 4 of Article 98 and Articles 93 to 96 and 100 to 103 shall not apply to goods which
have temporarily left the customs territory of the Community while moving between two points in that
territory by sea or air, provided that carriage has been effected by a direct route and by an air or regular
shipping service without a stop outside the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures

2.
laying down special provisions for air and regular shipping services.

Article 100

Conveyance under special circumstances

1. Where, by reason of unforeseeable circumstances or force majeure,
the obligation laid down in
Article 98(1) cannot be complied with, the person bound by that obligation or any other person acting on
that person's behalf shall inform the customs authorities of the situation without delay. Where the unforesee-
able circumstances or force majeure do not result in total loss of the goods, the customs authorities shall also
be informed of their precise location.

2. Where, by reason of unforeseeable circumstances or force majeure, a vessel or aircraft covered by
Article 98(5) is forced to put into port or to land temporarily in the customs territory of the Community
and the obligation laid down in Article 98(1) cannot be complied with, the person who brought the vessel
or aircraft into the customs territory of the Community, or any other person acting on that person's behalf,
shall inform the customs authorities of the situation without delay.

The customs authorities shall determine the measures to be taken in order to permit customs supervi-
3.
sion of the goods referred to in paragraph 1, or those on board a vessel or aircraft in the circumstances
specified in paragraph 2, and to ensure, where appropriate, that they are subsequently conveyed to a
customs office or other place designated or approved by the authorities.

Section 2

Presentation, unloading and examination of goods

Article 101

Presentation of goods to customs

Goods arriving in the customs territory of the Community shall be presented to customs by one of

1.
the following persons:

(a)

the person who brought the goods into the customs territory of the Community;

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(b) the person in whose name or on whose behalf the person who brought the goods into that territory

acts;

(c)

the person who assumed responsibility for carriage of the goods after they were brought into the
customs territory of the Community.

Notwithstanding the obligations of the person described in paragraph 1, presentation of the goods

2.
may be effected instead by one of the following persons:

(a) any person who immediately places the goods under a customs procedure;

(b) the holder of an authorization for the operation of storage facilities or any person who carries out

activity in a free zone.

The person presenting the goods shall make a reference to the import summary declaration or

3.
customs declaration lodged in respect of the goods.

4.

Paragraph 1 shall not preclude the application of special provisions relating to the following:

(a) goods carried by travellers;

(b) goods placed under a customs procedure but without the requirement for them to be presented to

customs;

(c)

letters, postcards and printed matter and their electronic equivalents held on other media.

Article 102

Unloading and examination of goods

Goods shall be unloaded or trans-shipped from the means of transport carrying them solely with the

1.
permission of the customs authorities in places designated or approved by those authorities.

However, such permission shall not be required in the event of an imminent danger necessitating the
immediate unloading of all or part of the goods. In that case, the customs authorities shall immediately be
informed accordingly.

The customs authorities may at any time require goods to be unloaded and unpacked for the purpose

2.
of examining them, taking samples or examining the means of transport carrying them.

Goods presented to customs shall not be removed from the place where they have been presented

3.
without the permission of the customs authorities.

Section 3

Formalities after presentation

Article 103

Obligation to place non-Community goods under a customs procedure

Without prejudice to Articles 131 and 133, non-Community goods presented to customs shall be placed
under a customs procedure.

Except as otherwise provided, the declarant shall be free to choose the customs procedure under which he
wishes to place the goods, irrespective of their nature or quantity, or their country of origin, consignment or
destination.

Article 104

Goods deemed to be placed in temporary storage

1.
Except where goods are immediately placed under a specific customs procedure for which a customs
declaration has been accepted, or have been placed in a free zone, non-Community goods presented to
customs shall be deemed to have been placed under temporary storage, in accordance with Article 159.

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2. Without prejudice to the obligation laid down in Article 93(2) and the exceptions or waiver provided
for by the measures adopted under Article 93(3), where it is found that non-Community goods presented to
customs are not covered by an import summary declaration, the holder of the goods shall lodge such a
declaration immediately.

Tuesday, 12 December 2006

Section 4

Goods which have moved under a transit procedure

Article 105

Waiver for goods arriving under transit

Article 98, with the exception of the first subparagraph of paragraph 1 thereof, and Articles 101 to 104
shall not apply when goods already under a transit procedure are brought into the customs territory of the
Community.

Article 106

Provisions applicable to non-Community goods after a transit
procedure has ended

Articles 102, 103 and 104 shall apply to the following goods, once such goods have been presented to
customs at a customs office of destination in the customs territory of the Community in accordance with
the rules governing transit:

(a) non-Community goods brought into the customs territory of the Community under a transit procedure;

(b) non-Community goods which have moved within that territory under a transit procedure.

TITLE V

GENERAL RULES ON CUSTOMS STATUS AND CUSTOMS PROCEDURE

CHAPTER 1

STATUS OF GOODS

Article 107

Presumption of Community status

All goods in the customs territory of the Community shall be presumed to be Community goods,

1.
unless it is established that they do not have Community status.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures

2.
amending non-essential elements of this Regulation by supplementing it by laying down the following:

(a)

the cases in which the presumption referred to in paragraph 1 of this Article shall not apply;

(b) the means by which the Community status of goods may be established.

Article 108

Loss of Community status

Community goods shall become non-Community goods in the following cases:

(a) where they are moved out of the customs territory of the Community, in so far as the rules on internal

transit or Article 109 do not apply;

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(b) where they have been placed under the external transit, storage or inward processing procedure, in so

far as the customs legislation so allows;

(c) where they have been placed under the end-use procedure and are subsequently abandoned to the State;

d) where the declaration for release for free circulation is invalidated after release in accordance with

measures adopted pursuant to the second subparagraph of Article 117(2).

Article 109

Goods leaving the customs territory temporarily

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the conditions under which Community goods may move, without being subject to a customs proce-
dure, from one point to another within the customs territory of the Community and temporarily out of that
territory without alteration of their customs status.

CHAPTER 2

CUSTOMS DECLARATION

Section 1

General provisions

Article 110

Declaration of goods, supervision of Community goods

All goods intended to be placed under a customs procedure, except for the free zone procedure, shall

1.
be covered by a customs declaration appropriate for the particular procedure.

2.
Community goods declared for a customs procedure shall be subject to customs supervision from the
time of acceptance of the declaration referred to in paragraph 1 until such time as they leave the customs
territory of the Community or are abandoned to the State or the customs declaration is invalidated in
accordance with Article 117.

Article 111

Competent customs offices

1.
Except where Community legislation provides otherwise, Member States shall determine the location
and competence of the various customs offices situated in their territory and shall ensure that reasonable
days and hours are appointed for the opening of these offices.

In doing so, the Member States shall take into account the nature of the traffic and of the goods and the
customs procedure under which they are to be placed, so that the flow of international traffic is neither
hindered nor distorted.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

2.
for the establishment of the following competent customs offices:

(a)

the customs office at which a customs declaration shall be lodged or made available;

(b) the customs office where risk analysis and risk-based import or export controls are to be carried out.

Article 112

Types of customs declaration

1.

The customs declaration shall be lodged using an electronic data-processing technique.

The supporting documents required for the application of the provisions governing the customs procedure
for which the goods are declared may also be lodged or made available by this technique.

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2.
By derogation from paragraph 1, and where this is provided for, the customs declaration may be
lodged in writing or by means of an oral declaration or any other act whereby goods can be placed under a
customs procedure.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

3.
for the implementation of paragraphs 1 and 2 of this Article.

Tuesday, 12 December 2006

Section 2

Standard declarations

Article 113

Content of a declaration, supporting documents

1.
Customs declarations shall contain all the particulars necessary for application of the provisions
governing the customs procedure for which the goods are declared. Declarations made using a data proces-
sing technique shall contain an electronic signature or other means of authentication. Declarations in
writing shall be signed.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the specifications to which customs declarations must correspond.

2.
The electronic or written documents required for the application of the provisions governing the
customs procedure for which the goods are declared shall be available to the customs authorities at the time
the declaration is lodged.

However, upon request, the customs authorities may allow those documents to be made available after
release of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of the first and second subparagraphs of this paragraph.

Article 114

Acceptance of a declaration

1.
Declarations which comply with the conditions laid down in Article 113 shall be accepted by the
customs authorities immediately, provided that the goods to which they refer are available for control by the
customs authorities.

2. Where, in accordance with measures adopted pursuant to Article 111(2), a customs declaration is
lodged at an office other than the office at which the goods are presented, the declaration may be accepted
when the office at which the goods are presented confirms the availability of goods for control.

3.
The date of acceptance of the customs declaration by the customs authorities shall, except where other-
wise provided, be the date to be used for the application of the provisions governing the customs procedure
for which the goods are declared and for all other import and export formalities.

Article 115

Declarant

1.
A customs declaration may be made by any person who is able to present or make available all of the
documents which are required for the application of the rules governing the customs procedure in respect
of which the goods are declared. This person shall also be able to present the goods in question or to have
them presented to the competent customs office.

However, where acceptance of a customs declaration imposes particular obligations on a specific person, the
declaration must be made by that person or on his behalf.

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2.

The declarant must be established in the customs territory of the Community.

However, persons who:

— lodge a transit or a temporary-admission declaration;
— declare goods occasionally, provided that the customs authorities deem this justified shall not be

required to be established within the Community.

Article 116

Amendment of a declaration

The declarant shall, at his request, be permitted to amend one or more of the particulars of the declaration
after the declaration has been accepted by customs. The amendment shall not render the declaration applic-
able to goods other than those it originally covered.

No amendment shall be permitted where it is requested after any of the following events:

(a)

the customs authorities have informed the declarant that they intend to examine the goods;

(b) the customs authorities have established that the particulars in question are incorrect;

(c)

the customs authorities have released the goods.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to
point (c) of the second paragraph of this Article.

Article 117

Invalidation of a declaration

The customs authorities shall, at the request of the declarant, invalidate a declaration already accepted

1.
in the following cases:

(a) where they are satisfied that the goods are immediately to be placed under another customs procedure;

(b) where they are satisfied that as a result of special circumstances, the placing of the goods under the

customs procedure for which they were declared is no longer justified.

However, where the customs authorities have informed the declarant of their intention to examine the
goods, a request for invalidation of the declaration shall not be accepted before the examination has taken
place.

2.

The declaration shall not be invalidated after the goods have been released.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to the
first subparagraph of this paragraph.

Invalidation of the declaration shall be without prejudice to the application of administrative or

3.
criminal penalties.

Section 3

Verification

Article 118

Verification of a declaration

The customs authorities may, for the purpose of verifying the accuracy of the particulars contained in

1.
a declaration:

(a) examine the declaration and all of the written or electronic documents required for the application of

the provisions of the customs procedure for which the goods are declared;

(b) require the declarant to present documents other than those referred to in point (a);

(c) examine the goods;

(d) take samples for analysis or for detailed examination of the goods.

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The findings made by the customs authorities shall have the same conclusive force throughout the

2.
customs territory of the Community.

Tuesday, 12 December 2006

Article 119

Examination and sampling of goods

1.
Transport of the goods to the places where they are to be examined and samples are to be taken, and
all the handling necessitated by such examination or taking of samples, shall be carried out by or under the
responsibility of the declarant. The costs incurred shall be borne by the declarant.

2.
The declarant shall have the right to be present when the goods are examined and when samples are
taken. Where the customs authorities have reasonable grounds, they may require the declarant to be present
or represented when the goods are examined or samples are taken or to provide them with the assistance
necessary to facilitate such examination or taking of samples.

3.
Provided that samples are taken in accordance with the provisions in force, the customs authorities
shall not be liable for payment of any compensation in respect thereof but shall bear the costs of their
analysis or examination.

Article 120

Partial examination and sampling of goods

1. Where only part of the goods covered by a declaration are examined, or samples are taken, the results
of the partial examination, or of the analysis or examination of the samples, shall be taken to apply to all
the goods covered by the same declaration.

However, the declarant may request a further examination or sampling of the goods if he considers that the
results of the partial examination, or of the analysis or examination of the samples taken, are not valid as
regards the remainder of the goods declared. The request shall be granted, provided that the goods have not
been released or that, if they have been released, the declarant proves that they have not been altered in any
way.

For the purposes of paragraph 1, where a declaration covers two or more items, the particulars relating

2.
to each item shall be deemed to constitute a separate declaration.

Article 121

Results of the verification

The results of verifying the declaration shall be used for the application of the provisions governing

1.
the customs procedure under which the goods are placed.

2. Where the declaration is not verified, paragraph 1 shall apply on the basis of the particulars contained
in the declaration.

Article 122

Identification measures

1.
The customs authorities or, where appropriate, authorized economic operators shall take the measures
necessary to identify the goods where identification is required in order to ensure compliance with the
conditions governing the customs procedure for which those goods have been declared.

Those identification measures shall have the same conclusive force throughout the customs territory of the
Community.

2. Means of identification affixed to the goods or means of transport shall be removed or destroyed only
by the customs authorities or, where they are authorized to do so by the customs authorities, by economic
operators, unless, as a result of unforeseeable circumstances or force majeure, their removal or destruction is
essential to ensure the protection of the goods or the means of transport.

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Section 4

Release

Article 123

Release of the goods

1. Without prejudice to Article 124, where the conditions for placing the goods under the procedure
concerned are fulfilled and provided that the goods are not subject to any prohibition or restriction, the
customs authorities shall release the goods as soon as the particulars in the declaration have been verified or
are accepted without verification.

The first subparagraph shall apply where a verification as referred to in Article 118 cannot be completed
within a reasonable period of time and the goods are no longer required to be present for verification
purposes.

2.

All the goods covered by the same declaration shall be released at the same time.

For the purposes of the first subparagraph, where a declaration covers two or more items, the particulars
relating to each item shall be deemed to constitute a separate declaration.

3. Where the goods are presented, in accordance with the measures adopted pursuant to Article 111(2),
at a customs office other than the office at which the customs declaration has been accepted, the offices
involved shall exchange the information necessary for the release of the goods, without prejudice to controls
related to security and safety.

Article 124

Release dependent upon payment of the customs debt or provision of a
guarantee

1. Where acceptance of a customs declaration gives rise to a customs debt, the release of the goods shall
be conditional upon the payment of the debt or the provision of a guarantee to cover that debt.

However, without prejudice to paragraph 2, the first subparagraph shall not apply to temporary admission
with partial relief from import duties.

2. Where, pursuant to the provisions governing the customs procedure for which the goods are declared,
the customs authorities require the provision of a guarantee, those goods shall not be released for the
customs procedure in question until such guarantee is provided.

CHAPTER 3

SIMPLIFICATIONS RELATING TO CUSTOMS DECLARATIONS

Section 1

Simplified declarations

Article 125

Simplified declaration

The customs authorities shall permit an economic operator to have goods released on the basis of a simpli-
fied declaration.

The simplified declaration may take the form of an entry in the declarant's records, provided that the
customs authorities have access to this data in the declarant's electronic system and that the requirements
for the exchange of such data between customs offices can be met.

The Commission shall,
concerning the following:

in accordance with the procedure referred to in Article 194(2), adopt measures

(a)

the conditions under which the permission referred to in the first paragraph of this Article is given;

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(b) the specifications to which the simplified declaration referred to in the first and second paragraphs of

this Article must correspond.

Tuesday, 12 December 2006

Article 126

Waiver of obligations of the declarant

When goods are released in accordance with Article 125, the customs authorities may, without prejudice to
the legal obligations of the declarant, waive the obligation to present the goods to customs.

Article 127

Occasional simplified declaration

Where the use of a simplified declaration is requested on an occasional basis, the customs office at which
the declaration is lodged may accept it without an authorization being granted.

Article 128

Supplementary declaration

1.
In the case of a simplified declaration pursuant to Article 125 or 127, the declarant permitted to make
a simplified declaration shall furnish a supplementary declaration containing the further particulars neces-
sary to constitute a customs declaration for the customs procedure concerned.

In the case of a declaration authorized under Article 125, the supplementary declaration may be of a
general, periodic or recapitulative nature.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to the
first subparagraph of this paragraph.

The supplementary declaration and the simplified declaration referred to in Article 125(1) shall be
indivisible instrument taking effect on the date on which the simplified

2.
deemed to constitute a single,
declaration is accepted in accordance with Article 114.

Where the simplified declaration takes the form of an entry in the economic operator's records and access
to this data by the customs authorities, the declaration shall take effect from the date on which the goods
are entered into the records.

3.
The place where the supplementary declaration is to be lodged in accordance with the authorization
shall be deemed, for the purposes of Article 60, to be the place where the customs declaration has been
lodged.

Article 129

Application of the rules for standard declarations

Articles 113 to 122 shall apply mutatis mutandis to simplified and supplementary declarations.

Section 2

Other simplifications

Article 130

Facilitation of classification

The customs authorities may, at the request of
the declarant, agree that a single or aggregate tariff
subheading is applied to a whole consignment, provided that the consignment is made up of goods falling
within different tariff subheadings and that dealing with each of those goods in accordance with its tariff
classification for the purpose of drawing up the customs declaration would entail a burden of work and
expense disproportionate to the import or export measures involved.

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However, where import or export duties are payable, the amount to be collected shall not be less than that
which would have been paid if all of the items had been classified individually.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of the first and second subparagraphs of this Article.

CHAPTER 4

DISPOSAL OF GOODS

Article 131

Destruction of goods

Where the circumstances so require, the customs authorities may require goods presented to customs to be
destroyed and shall inform the holder of the goods accordingly. The costs of destruction shall be borne by
the holder of the goods.

Article 132

Measures to be taken by the customs authorities

The customs authorities shall take any necessary measures, including destruction, to dispose of goods

1.
in the following cases:

(a) where the goods have been brought unlawfully into the customs territory of the Community or have

been withheld from customs supervision;

(b) where the goods cannot be released for any of the following reasons:

(i)

(ii)

it has not been possible to undertake or continue examination of the goods within the period
prescribed by the customs authorities for reasons attributable to the declarant;

the documents which must be produced before the goods can be placed under, or released for, the
customs procedure requested have not been made available;

(iii) payments or a guarantee which should have been made or provided in respect of import or export

duties, as the case may be, have not been made or provided within the period prescribed;

(iv) they are subject to prohibitions or restrictions, including those related to security and safety;

(c) where the goods have not been removed within a reasonable period after their release;

(d) where after their release, the goods are found not to have fulfilled the conditions for that release;

(e) where goods are abandoned to the State.

Non-Community goods which have been abandoned to the State, seized or confiscated shall be

2.
deemed to be placed under the temporary storage procedure.

Article 133

Abandonment

Non-Community goods and end-use goods may be abandoned to the State by the holder of the proce-

1.
dure or, where applicable, the holder of the goods.

Abandonment shall not entail any expense for the State. The holder of the procedure or, where applic-

2.
able, the holder of goods, shall bear the costs of any destruction or other disposal of goods.

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Article 134

Implementing measures

Tuesday, 12 December 2006

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of this Chapter.

TITLE VI

RELEASE FOR FREE CIRCULATION AND RELIEF FROM IMPORT DUTIES

CHAPTER 1

RELEASE FOR FREE CIRCULATION

Article 135

Scope and effect

Non-Community goods intended to be put on the Community market shall be placed under release

1.
for free circulation.

2.

(a)

Release for free circulation shall entail the following:

the application of commercial policy measures in so far as they do not have to be applied at an earlier
stage;

(b) the collection of any import duties;

(c)

the collection of VAT and excise charges as provided for under the VAT and excise provisions in force;

(d) completion of the other formalities laid down in respect of the importation of goods.

Release for free circulation shall confer on non-Community goods the customs status of Community

3.
goods.

CHAPTER 2

RELIEF FROM IMPORT DUTIES

Section 1

Returned goods

Article 136

Scope and effect

1.
Community goods which, having been exported from the customs territory of the Community, are
returned to that territory within a period of three years and declared for release for free circulation shall, at
the request of the person concerned, be granted relief from import duties.

The three-year period referred to in paragraph 1 may be exceeded in order to take account of special

2.
circumstances.

3. Where, prior to their export from the customs territory of the Community, the returned goods
had been released for free circulation duty-free or at a reduced rate of import duty because of a particular
end-use, relief from duty under paragraph 1 shall be granted only if they are to be released for free circula-
tion for the same end-use.

Where the end-use for which the goods in question are to be released for free circulation is no longer the
same, the amount of import duties shall be reduced by any amount collected on the goods when they were
first released for free circulation. Should the latter amount exceed that levied on the release for free circula-
tion of the returned goods, no repayment shall be granted.

4. Where Community goods have lost their Community status pursuant to Article 108 and are subse-
quently released for free circulation, paragraphs 1, 2 and 3 of this Article shall apply mutatis mutandis.

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Article 137

Cases in which no relief from import duties is granted

The relief from import duties provided for in Article 136 shall not be granted in the following cases:

(a) goods exported from the customs territory of the Community under the outward processing procedure,

unless those goods remain in the state in which they were exported;

(b) goods which have benefited from agricultural policy measures involving their export out of the customs

territory of the Community.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down derogations from
the first paragraph of this Article.

Article 138

State of the goods

The relief from import duties provided for in Article 136 shall be granted only if goods are re-imported in
the state in which they were exported.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down derogations from
the first paragraph of this Article.

Goods previously placed under the inward processing procedure

Article 139

Articles 136 and 138 shall apply mutatis mutandis to processed products placed under the inward

1.
processing procedure prior to being re-exported from the customs territory of the Community.

2.
At the request of the declarant and provided he submits the necessary information, the amount of
import duty on the goods covered by paragraph 1 of this Article shall be determined in accordance with
Article 58(3). The date of acceptance of the re-export notification shall be regarded as the date of release for
free circulation.

3.
The relief from import duties provided for in Article 136 shall not be granted for processed products
which were exported in accordance with point (b) of Article 149(2), unless it is ensured that no import
goods will be placed under the inward processing procedure.

Section 2

Sea-fishing and products taken from the sea

Article 140

Products of sea-fishing and other products taken from the sea

1. Without prejudice to Article 39(1), the following shall be exempt from import duties when they are
released for free circulation:

(a) products of sea-fishing and other products taken from the territorial sea of a country or territory
outside the customs territory of the Community by vessels solely registered or recorded in a Member
State and flying the flag of that state;

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(b) products obtained from products referred to in point (a) on board factory-ships fulfilling the conditions

laid down in that point.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

2.
for the implementation of paragraph 1 of this Article.

Tuesday, 12 December 2006

TITLE VII

SPECIAL PROCEDURES

CHAPTER 1

GENERAL PROVISIONS

Article 141

Scope

Goods may be placed under any of the following categories of special procedures:

(a)

transit;

(b) storage;

(c) specific use;

(d) processing.

Article 142

Authorization

1.
The use of the processing or specific use procedure or the operation of storage facilities for the
temporary storage or customs warehousing of goods shall be conditional upon authorization being issued
by the customs authorities.

The conditions under which the use of one or more special procedures is permitted shall be set out in the
authorization.

An authorization may involve the customs authorities of more than one Member State (single authorization)
or the use of more than one special procedure (integrated authorization).

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the conditions and procedures under which authorizations may be granted.

Except where otherwise provided for, the authorization referred to in paragraph 1 shall be granted

2.
only to the following persons:

(a) persons who are established in the customs territory of the Community, except for temporary admission,

in which case the persons shall be established outside the customs territory of the Community;

(b) persons who offer every guarantee necessary for the proper conduct of the operations and, in cases
where a customs debt or other charges may be incurred for goods placed under a special procedure,
provide a guarantee in accordance with Article 61;

(c)

in the case of the temporary admission or inward processing procedure, the person who uses the goods
or arranges for their use or who carries out processing operations on the goods or arranges for them to
be carried out, respectively.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by providing for derogations
from points (a), (b) and (c) of the first subparagraph of this paragraph.

Except where otherwise provided for and in addition to paragraph 2, the authorization referred to in

3.
paragraph 1, shall be granted only where the following conditions are fulfilled:

(a) where the customs authorities are able to supervise and monitor the procedure without having to intro-

duce administrative arrangements disproportionate to the economic needs involved;

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(b) where the essential interests of Community producers would not be adversely affected by an authoriza-

tion for the inward or outward processing or temporary admission procedure.

The essential interests of Community producers shall be deemed not to be adversely affected, as referred to
in point (b) of the first subparagraph of this paragraph, except where evidence to the contrary exists.

Where evidence exists that the essential interests of Community producers are likely to be adversely affected,
an examination of the economic conditions shall take place in accordance with the procedure referred to in
Article 194(4).

The Commission shall,
governing the examination of the economic conditions.

in accordance with the procedure referred to in Article 194(2), adopt measures

The holder of the authorization shall notify the customs authorities of all factors arising after the

4.
authorization was granted which may influence its continuation or content.

Article 143

Application

The application for an authorization shall be submitted to the customs authorities competent for the place
where the applicant's main accounts for customs purposes are held.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by providing for derogations
from the first paragraph of this Article.

Article 144

Records

1.
Except for the transit procedure, the holder of the authorization, the holder of the procedure, and all
persons carrying on an activity involving the storage, working or processing of goods, or the sale or
purchase of goods in free zones, shall keep records in a form approved by the customs authorities.

The records must enable the customs authorities to supervise the procedure concerned,
in particular
with regard to the identification of the goods placed under that procedure, their customs status and their
movements.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
2.
amending non-essential elements of this Regulation by supplementing it by providing for derogations
from the obligation laid down in the first subparagraph of paragraph 1 of this Article.

Article 145

End or discharge of a procedure

1.
In cases other than the transit procedure and without prejudice to Article 175, a special procedure
shall end or be discharged when the goods placed under the procedure, or the processed products, are
placed under a subsequent customs procedure, have left the customs territory of the Community or are
abandoned to the State.

2.
In the case of the transit procedure, the procedure and the obligations of the holder of the procedure
shall end when the goods placed under the procedure and the required data are produced at the customs
office of destination in accordance with the provisions of the procedure concerned.

That procedure and those obligations shall be discharged by the customs authorities when they are in a posi-
tion to establish, on the basis of a comparison of the data available to the customs office of departure and
that available to the customs office of destination, that the procedure has ended correctly.

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Article 146

Transfer of rights and obligations

Tuesday, 12 December 2006

The rights and obligations of the holder of a procedure with regard to goods which have been placed under
a special procedure other than transit may, under the conditions laid down by the customs authorities, be
transferred to other persons who fulfil the conditions laid down for the procedure concerned.

Article 147

Movement of goods

Goods placed under a special procedure other than transit may be moved between different places in the
customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of the first paragraph of this Article.

Article 148

Usual forms of handling

Goods placed under customs warehousing or a processing procedure or in a free zone may undergo usual
forms of handling intended to preserve them, improve their appearance or marketable quality or prepare
them for distribution or resale.

Article 149

Equivalent goods

Equivalent goods shall consist in Community goods which are stored, used or processed instead of the

1.
goods placed under a special procedure.

Under the outward processing procedure, equivalent goods shall consist in non-Community goods which
are processed instead of Community goods placed under the outward processing procedure.

Equivalent goods shall have the same eight-digit Combined Nomenclature code, the same commercial
quality and the same technical characteristics as the goods they are replacing.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by providing for derogations
from the third subparagraph of this paragraph.

The customs authorities shall authorize the following, provided that the proper conduct of the proce-

2.
dure, in particular as regards customs supervision, is ensured:

(a)

the use of equivalent goods under a special procedure other than the transit, temporary admission and
temporary storage procedure;

(b) in the case of the inward processing procedure, the exportation of processed products obtained from

equivalent goods before the importation of the goods they are replacing;

(c)

in the case of the outward processing procedure, the importation of processed products obtained from
equivalent goods before the exportation of the goods they are replacing.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the cases in
which the customs authorities may authorize the use of equivalent goods under temporary admission.

The use of equivalent goods shall not be permitted in connection with usual forms of handling as

3.
defined in Article 148 or where it would lead to an unjustified import duty advantage.

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The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by specifying additional cases
where equivalent goods may not be used.

4.
In the case referred to in point (b) of paragraph 2 of this Article, and where the processed products
would be liable to export duties if they were not being exported in the context of the inward processing
procedure, the holder of the authorization shall provide a guarantee to ensure payment of the duties should
the non-Community goods not be imported within the period referred to in Article 178(3).

Article 150

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the operation of the procedures under this Title.

CHAPTER 2

TRANSIT

Section 1

External and internal transit

Article 151

External transit

Under the external transit procedure, non-Community goods may be moved from one point to

1.
another within the customs territory of the Community without being subject to any of the following:

(a)

import duties;

(b) other import charges as provided for under the provisions in force;

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from
the customs territory of the Community.

2.
The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures
laying down cases in which and the conditions under which Community goods shall be placed under
external transit.

3. Movement as referred to in paragraph 1 shall take place in one of the following ways:

(a) under the external Community transit procedure referred to in Article 153(1);

(b) under cover of a TIR carnet (TIR Convention) provided that such movement:

(i) began or is to end outside the customs territory of the Community;

(ii) is effected between two points in the customs territory of the Community through the territory of a

country or territory outside the customs territory of the Community;

(c) under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

(d) under cover of the Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the

Rhine);

(e) under cover of the form 302 provided for in the Agreement between the Parties to the North Atlantic

Treaty regarding the Status of their Forces, signed in London on 19 June 1951;

(f) under the postal system in accordance with the acts of the Universal Postal Union, when the goods are

carried by or for holders of rights and obligations under such acts;

(g) under cover of CIM consignment note or TR used as a transit document;

4.

External transit shall apply without prejudice to Article 147.

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Article 152

Internal transit

Tuesday, 12 December 2006

Under the internal transit procedure, and under the conditions laid down in paragraphs 2 and 3,
1.
Community goods may be moved from one point
the
Community, and pass through another territory outside that territory, without any change in their customs
status.

to another within the customs territory of

2.

The movement referred to in paragraph 1 shall take place in one of the following ways:

(a) under the internal Community transit procedure, referred to in Article 153(2), provided that such a

possibility is provided for in an international agreement;

(b) under cover of a TIR carnet (TIR Convention);

(c) under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

(d) under cover of a Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine);

(e) under cover of form 302 as provided for in the Agreement between the Parties to the North Atlantic

Treaty regarding the status of their Forces, signed in London on 19 June 1951;

(f) under the postal system in accordance with the acts of the Universal Postal Union, when the goods are

carried by or for holders of rights and obligations under such acts;

(g) under cover of CIM consignment note or TR used as a transit document.

In the cases referred to in points (b) to (f) of paragraph 2, goods shall keep their customs status as

3.
Community goods only if that status is established under certain conditions and in a certain form.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the conditions for and the form of the establishment of that customs status.

Section 2

Community transit

Article 153

Scope

Under the external Community transit procedure, the goods referred to in Article 151(1) and (2) may

1.
be moved in accordance with that Article and Articles 154 and 155.

Under the internal Community transit procedure, the goods referred to in Article 152(1) may be

2.
moved in accordance with that Article and Article 154.

Obligations of the holder of the Community transit procedure

Article 154

1.

The holder of the Community transit procedure shall be responsible for the following:

(a) presentation of the goods intact at the customs office of destination within the prescribed time limit and

in compliance with the measures taken by the customs authorities to ensure their identification;

(b) observance of the customs provisions relating to the procedure;

(c) unless otherwise provided for in the customs legislation, provision of a guarantee in order to ensure
payment of any customs debt or other charges, as provided for under the provisions in force, which
may be incurred in respect of the goods.

A carrier or recipient of goods who accepts goods knowing that

they are moving under the
2.
Community transit procedure shall also be responsible for presentation of the goods intact at the customs
office of destination within the prescribed time limit and in compliance with the measures taken by the
customs authorities to ensure their identification.

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Article 155

Goods passing through the territory of a country outside of the
customs territory of the Community under the external Community
transit procedure

The external Community transit procedure shall apply to goods passing through a territory outside the
customs territory of the Community if one of the following conditions is satisfied:

(a) provision is made to that effect under an international agreement;

(b) carriage through that territory is effected under cover of a single transport document drawn up in the

customs territory of the Community.

In the case referred to in point (b) of the first paragraph, the operation of the external Community transit
procedure shall be suspended while the goods are outside the customs territory of the Community.

CHAPTER 3

STORAGE

Section 1

Common provisions

Article 156

Scope

For the purposes of this Chapter, ‘storage’ shall comprise the temporary storage, customs warehousing

1.
and free zone procedures.

Under a storage procedure, non-Community goods may be stored in the customs territory of the

2.
Community without being subject to any of the following:

(a)

import duties;

(b) other import charges as provided for under the provisions in force;

(c) commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from

the customs territory of the Community.

Community goods may be placed under the customs warehousing or free zone procedure in accord-

3.
ance with Community legislation governing specific fields.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down further cases in which, and the conditions under which, Community goods may be placed under the
customs warehousing or free zone procedures.

Responsibilities of the holder of the authorization or procedure

Article 157

1.

The holder of the authorization and the holder of the procedure shall be responsible for the following:

(a) ensuring that goods under the temporary storage or customs warehousing procedures are not removed

from customs supervision;

(b) fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs

warehousing procedures;

(c) complying with the particular conditions specified in the authorization for the customs warehousing

procedure or for operation of the storage facilities.

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2.
By way of derogation from paragraph 1, where the authorization concerns a public customs ware-
house, it may provide that the responsibilities referred to in points (a) or (b) of paragraph 1 devolve exclu-
sively upon the holder of the procedure. In this case the customs authorities may require the holder of the
procedure to provide a guarantee with a view to ensuring payment of any customs debt and other charges,
as provided for under the provisions in force, which may be incurred.

The holder of the procedure shall at all times be responsible for fulfilling the obligations arising from

3.
the placing of the goods under the temporary storage or customs warehousing procedures.

Article 158

Period for discharge

There shall be no limit to the length of time goods may remain under a storage procedure.

However, in exceptional cases, the customs authorities may set a time limit by which a storage procedure
must be discharged.

Section 2

Temporary storage

Article 159

Goods in temporary storage

1. Where not otherwise declared for a customs procedure, the following non-Community goods shall be
deemed to be declared for the temporary storage procedure by the holder of the goods after their presenta-
tion to customs:

(a) goods which are brought into the customs territory of the Community, other than directly into a free

zone;

(b) goods which are brought into another part of the customs territory of the Community from a free

zone;

(c) goods for which the external transit procedure is ended.

The customs declaration shall be considered to have been lodged and accepted by the customs authorities at
the moment of presentation of the goods to customs.

The import summary declaration shall constitute the customs declaration for the temporary storage

2.
procedure.

3.
The customs authorities may require the holder of the goods to provide a guarantee with a view to
ensuring payment of any customs debt or other charges, as provided for under the provisions in force,
which may be incurred.

4. Where, for any reason, goods cannot be released for the temporary storage procedure, the customs
authorities shall without delay take all measures necessary to regularize the situation of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for
the implementation of the first subparagraph of this paragraph.

Article 160

Handling of goods in temporary storage

Goods under the temporary storage procedure shall be stored only in authorized temporary storage

1.
facilities.

2. Without prejudice to the provisions of Article 97(2), goods under the temporary storage procedure
shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered
state without modifying their appearance or technical characteristics.

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Section 3

Customs warehousing

Article 161

Storage in customs warehouses

1.
Under the customs warehousing procedure, non-Community goods may be stored in facilities
authorized for that procedure by and under the supervision of the customs authorities, hereinafter ‘customs
warehouses’.

2.
The facilities authorized may be available for use by any person for the warehousing of goods (public
customs warehouse), or for the storage of goods by the holder of an authorization for customs warehousing
(private customs warehouse).

3. Where circumstances so warrant, goods placed under the customs warehousing procedure may be
temporarily removed from the customs warehouse. Such removal must, except in case of force majeure, be
authorized in advance by the customs authorities.

Article 162

Community goods and processing activities

The customs authorities may, where an economic need exists and customs supervision will not be

1.
adversely affected, authorize the following to take place on the premises of a customs warehouse:

(a) storage of Community goods;

(b) processing of goods under the inward processing or end-use procedure, subject to the conditions

provided for by these procedures.

In the cases referred to in paragraph 1, the goods shall not be regarded as being under the customs

2.
warehousing procedure.

Section 4

Free zones

Article 163

Designation of free zones

1. Member States may designate parts of the customs territory of the Community situated in that terri-
tory and separated from the rest of it as free zones.

For each free zone the Member State shall determine the area covered and define the entry and exit points.

2.

Free zones shall be enclosed.

The perimeter and the entry and exit points of the area of free zones shall be subject to supervision by the
customs authorities.

3.

Persons and means of transport entering or leaving free zones may be subject to customs controls.

Article 164

Buildings and activities in free zones

The construction of any building in a free zone shall require the prior approval of the customs

1.
authorities.

2.
Subject to customs legislation, any industrial, commercial or service activity shall be permitted in a
free zone. The carrying on of such activities shall be subject to notification, in advance, to the customs
authorities.

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3.
The customs authorities may impose prohibitions or restrictions on the activities referred to in para-
graph 2, having regard to the nature of the goods in question, or the requirements of customs supervision,
or security or safety requirements.

The customs authorities may prohibit persons who do not provide the necessary guarantees of compli-

4.
ance with the customs provisions from carrying on an activity in a free zone.

Tuesday, 12 December 2006

Article 165

Other customs procedures in a free zone

1.
Non-Community goods may, while they remain in a free zone, be released for free circulation or be
placed under the inward processing or a specific use procedure, under the conditions laid down for these
procedures.

In the cases referred to in paragraph 1, the goods shall not be regarded as being under the free zone

2.
procedure.

Presentation of goods and their placement under the procedure

Article 166

Goods brought into a free zone shall be presented to customs and undergo the prescribed customs

1.
formalities in the following cases:

(a) where they are brought

into the free zone directly from outside the customs territory of

the

Community;

(b) where they have been placed under a customs procedure which is ended or discharged when they are

placed under the free zone procedure;

(c) where they are placed under the free zone procedure in order to benefit from a decision granting repay-

ment or remission of import duties;

(d) where they qualify for agricultural policy measures involving the export of such goods.

Goods brought into a free zone in circumstances other than those covered by paragraph 1 need not

2.
be presented to customs.

Goods are deemed to be placed under the free zone procedure at the moment of their entry into a

3.
free zone, unless they have already been placed under another customs procedure.

Article 167

Community goods in free zones

Community goods may be entered, stored, moved, used, processed or consumed in a free zone. In

1.
such cases the goods shall not be regarded as being under the free zone procedure.

At the request of the person concerned, the customs authorities shall certify the Community status of

2.
the following goods:

(a) Community goods which enter into a free zone;

(b) Community goods which have undergone processing operations within a free zone;

(c) goods released for free circulation within a free zone.

Article 168

Consumption or processing of non-Community goods

Non-Community goods shall not be consumed, used or processed in free zones except in cases

1.
provided for in Article 165.

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2. Without prejudice to the provisions applicable to supplies or to victualling storage within the meaning
of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the
application of the system of export refunds on agricultural products (1), where the procedure concerned so provides,
paragraph 1 shall not preclude the use or consumption of goods of which the release for free circulation or
temporary admission would not entail application of import duties or measures under the common agri-
cultural or commercial policy.

In the case of such use or consumption, no declaration for the release for free circulation or temporary
admission procedure shall be required.

Such declaration shall, however, be required if such goods are subject to a tariff quota or ceiling.

Article 169

Export, re-export and bringing of goods into another part of the
customs territory of the Community

Without prejudice to Community legislation governing specific fields, goods in a free zone may be exported
or re-exported from the customs territory of the Community, or brought into another part of the customs
territory of the Community.

Articles 97 to 104 shall apply mutatis mutandis to goods brought into other parts of the customs territory
of the Community.

Article 170

Customs status of goods returning to another part of the customs
territory of the Community

1. Where goods are returned from a free zone to another part of
the
Community, the certificate referred to in Article 167(2) may be used as proof of the Community status of
such goods.

the customs territory of

2. Where the Community status of goods is not proved pursuant to paragraph 1 or by any other
approved document, the goods shall be regarded as non-Community goods.

However, for the purposes of applying export duties and export licences or export measures laid down
under the commercial or agricultural policy, the goods shall be regarded as Community goods.

CHAPTER 4

SPECIFIC USE

Section 1

Temporary admission

Article 171

Scope

1.
Under the temporary admission procedure non-Community goods may be used in the customs terri-
tory of the Community, with total or partial relief from import duties, and excise duties as provided for
under the excise provisions in force, without being subject to commercial policy measures, in so far as they
do not apply to the entry or exit of goods into or from the customs territory of the Community.

(1) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006,

p. 52).

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Where the goods benefit from total relief from import duties, they shall, in accordance with the provisions
in force, also benefit from relief from other import charges.

2.

The temporary admission procedure may only be used provided that the following conditions are met:

(a)

the re-export of the goods is intended;

(b) the goods are not intended to undergo any change, except normal depreciation due to the use made of

them;

(c)

it is possible to ensure that the goods placed under the procedure can be identified, except where, in
view of the nature of the goods or of the operations to be carried out, the absence of identification
measures is not liable to give rise to any abuse of the procedure or, in the case referred to in Article 149,
where compliance with the conditions laid down in respect of equivalent goods can be verified.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to
point (a) of the first subparagraph of this paragraph.

Period during which goods may remain under temporary admission

Article 172

1.
The customs authorities shall determine the period within which goods placed under the temporary
admission procedure must have been re-exported or placed under a subsequent customs procedure. Such
period must be long enough for the objective of authorized use to be achieved.

2.
The maximum period during which goods may remain under the temporary admission procedure for
the same purpose and under the responsibility of the same holder of the authorization shall be 24 months,
even where the procedure was discharged by placing the goods under a subsequent customs procedure and
subsequently placing them under the temporary admission procedure again.

3. Where, in exceptional circumstances, the authorized use cannot be achieved within the periods referred
to in paragraphs 1 and 2, the customs authorities may, at the request of the holder of the authorization,
extend those periods.

Article 173

Situations covered by temporary admission

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down the cases in
which, and the conditions under which, the temporary admission procedure may be used and total or
partial relief from import duties may be granted.

In adopting these measures, account shall be taken of international agreements and of the nature and the
use of the goods.

Article 174

Amount of import duties in case of temporary admission with partial
relief from import duties

1.
The amount of import duties in respect of goods placed under the temporary admission procedure
with partial relief from import duties shall be set at 3 % of the amount of import duties which would have
been payable on those goods had they been released for free circulation on the date on which they were
placed under the temporary admission procedure.

That amount shall be payable for every month or fraction of a month during which the goods have been
placed under temporary admission with partial relief.

2.
The amount of import duties shall not exceed that which would have been payable if the goods in
question had been released for free circulation on the date on which they were placed under the temporary
admission procedure.

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Section 2

End-use

Article 175

Customs supervision under the end-use procedure

Under the end-use procedure, goods may be released for free circulation under a duty exemption or at

1.
a reduced rate of duty on account of their end-use. They shall remain under customs supervision.

2.

Customs supervision under the end-use procedure shall end in the following cases:

(a) where the goods have been used for the purposes laid down for the application of the duty exemption

or reduced rate of duty;

(b) where the goods are exported, destroyed or abandoned to the State;

(c) where the goods have been used for purposes other than those laid down for the application of the duty

exemption or reduced duty rate and the applicable import duties have been paid.

CHAPTER 5

PROCESSING

Section 1

General provisions

Article 176

Rate of yield

Except where a rate of yield has been specified in Community legislation governing specific fields, the
customs authorities shall set either the rate of yield or average rate of yield of the operation carried out
under the processing procedure or where appropriate, the method of determining such rate.

The rate of yield or average rate of yield shall be determined on the basis of the actual circumstances in
which processing operations are, or are to be, carried out. This rate may be adjusted subsequently, where
appropriate.

Section 2

Inward processing

Article 177

Scope

1. Without prejudice to Article 149, under the inward processing procedure non-Community goods may
be used in the customs territory of the Community in one or more processing operations without such
goods being subject to any of the following:

(a)

import duties;

(b) other import charges as provided for under the provisions in force;

(c) commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from

the customs territory of the Community.

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2.
The inward processing procedure may be used in cases other than repair only where, without prejudice
to the use of production accessories, the goods placed under the procedure can be identified in the
processed products.

In the case referred to in Article 149, the procedure may be used where compliance with the conditions laid
down in respect of equivalent goods can be verified.

In addition to paragraphs 1 and 2, the inward processing procedure shall also apply to the following

3.
goods:

(a) goods which have to undergo operations to ensure their compliance with technical provisions for their

release for free circulation;

(b) goods which have to undergo usual forms of handling in accordance with Article 148.

Article 178

Period for discharge

1.
The customs authorities shall specify the period within which the goods placed under the inward
processing procedure, or processed products, are to be placed under a subsequent customs procedure, unless
they are destroyed and no waste remains.

That period shall run from the date on which the non-Community goods are placed under the procedure
and shall take account of the time required to carry out the processing operations and to place the processed
products under a subsequent customs procedure.

The customs authorities may grant an extension of the period specified pursuant to paragraph 1, on

2.
submission of a duly substantiated application by the holder of the authorization.

The authorization may specify that a period which commences in the course of a calendar month, quarter
or semester shall end on the last day of a subsequent calendar month, quarter or semester respectively.

In cases of prior exportation in accordance with point (b) of Article 149(2), the customs authorities
3.
shall specify the period within which the non-Community goods must be declared for the procedure. That
period shall run from the date of acceptance of the export declaration relating to the processed products
obtained from the corresponding equivalent goods.

Article 179

Temporary re-export for further processing

Subject to prior authorization by the customs authorities, some or all of the goods placed under the inward
processing procedure, or the processed products, may be temporarily re-exported for the purpose of further
processing outside the customs territory of the Community, in accordance with the conditions laid down for
the outward processing procedure.

Section 3

Outward processing

Article 180

Scope

1.
Under the outward processing procedure Community goods may be temporarily exported from the
customs territory of the Community in order to undergo processing operations. The processed products
resulting from those goods may be released for free circulation with total or partial relief from import
duties.

2.

Outward processing shall not be allowed for the following Community goods:

(a) goods the export of which gives rise to repayment or remission of import duties;

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(b) goods which, prior to exportation, were released for free circulation under a duty exemption or at a
reduced rate of duty by virtue of their end-use, for as long as the purposes of such end-use have not
been fulfilled, unless these goods have to undergo repair operations;

(c) goods the export of which gives rise to the granting of export refunds;

(d) goods in respect of which a financial advantage other than refunds referred to in point (c) is granted

under the common agricultural policy by virtue of the exportation of those goods.

3. Where the processed products are declared for release for free circulation by the holder of the authori-
zation, total or partial relief from import duties as referred to in paragraph 1 shall be granted, at his request.

4.
In cases not covered by Articles 181 and 182 and where ad valorem duties are involved, the amount of
the import duty shall be calculated on the basis of the cost of the processing operation undertaken outside
the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the rules for such calculation and the rules where specific duties are involved.

5.
The customs authorities shall specify the period within which goods temporarily exported must be
re-imported into the customs territory of the Community in the form of processed products, and placed
under release for free circulation, in order to be able to benefit from total or partial relief from import
duties. They may extend that period on submission of a duly substantiated request by the holder of the
authorization.

Article 181

Repaired goods

1. Where it is established to the satisfaction of the customs authorities that goods have been repaired free
of charge, either because of a contractual or statutory obligation arising from a guarantee or because of a
manufacturing defect, they shall be eligible for total relief from import duties.

Paragraph 1 shall not apply where account was taken of the manufacturing defect at the time when

2.
the goods in question were first released for free circulation.

Article 182

Standard exchange system

Under the standard exchange system an imported product, hereinafter referred to as a replacement

1.
product, may, in accordance with paragraphs 2 to 5, replace a processed product.

2.
The customs authorities shall authorize the standard exchange system to be used where the processing
operation involves the repair of Community goods other than those subject to the common agricultural
policy measures or to the specific arrangements applicable to certain goods resulting from the processing of
agricultural products.

3.
Replacement products shall have the same eight digit Combined Nomenclature code, the same
commercial quality and the same technical characteristics as the defective goods had the latter undergone
repair.

4. Where the defective goods have been used before export, the replacement products must also have
been used.

The customs authorities shall, however, waive the requirement set out in the first subparagraph if the
replacement product has been supplied free of charge, either because of a contractual or statutory obligation
arising from a guarantee or because of a manufacturing defect.

The provisions which would be applicable to the processed products shall apply to the replacement

5.
products.

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Article 183

Prior importation of replacement products

Tuesday, 12 December 2006

The customs authorities shall, under the conditions they lay down, authorize replacement products to

1.
be imported before the defective goods are exported.

In the event of such prior importation of a replacement product, a guarantee shall be provided covering the
amount of the import duties that would be payable should the defective goods not be exported in accord-
ance with paragraph 2.

The defective goods shall be exported within a period of two months from the date of acceptance by

2.
the customs authorities of the declaration for the release for free circulation of the replacement products.

3. Where,
in exceptional circumstances, the defective goods cannot be exported within the period
referred to in paragraph 2, the customs authorities may, at the request of the person concerned, extend that
period.

TITLE VIII

DEPARTURE OF GOODS FROM THE CUSTOMS TERRITORY OF THE
COMMUNITY

CHAPTER 1

GOODS LEAVING THE CUSTOMS TERRITORY

Article 184

Obligation to lodge pre-departure declaration

1.
Goods destined to leave the customs territory of the Community shall be covered by a pre-departure
declaration lodged or made available at the competent customs office before the goods are to be brought
out of the customs territory of the Community.

However, the first subparagraph shall not apply to goods carried on means of transport which only pass
through the territorial waters or the airspace of the customs territory of the Community without a stop
therein.

2. Where a customs declaration, or a re-export notification in accordance with Article 188, is required,
that declaration or notification shall constitute the pre-departure declaration.

Where neither a customs declaration nor a re-export notification is required, the pre-departure declaration
shall take the form of the exit summary declaration referred to in Article 189.

The pre-departure declaration shall contain at least the particulars necessary for the exit summary

3.
declaration.

Article 185

Measures establishing certain details

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it concerning the following:

(a)

the cases in which, and the conditions under which, goods leaving the customs territory of
Community are not subject to a pre-departure declaration;

the

(b) the conditions under which the requirement for a pre-departure declaration may be waived or adapted;

(c)

the deadline by which the pre-departure declaration shall be lodged or made available before the goods
are brought out of the customs territory of the Community;

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23.12.2006

Tuesday, 12 December 2006

(d) any exceptions from and variations to the deadline referred to in point (c);

(e)

the determination of the competent customs office at which the pre-departure declaration shall be
lodged or made available and where risk analysis and risk-based export and exit controls are to be
carried out.

In adopting these measures, account shall be taken of the following:

(a) special circumstances;

(b) the application of these measures to certain types of goods traffic, modes of transport or economic

operators;

(c)

international agreements which provide for special security arrangements.

Article 186

Formalities and customs supervision

Goods destined to leave the customs territory of the Community shall be subject to the application of

1.
exit formalities, which shall, as appropriate, include the following:

(a)

the repayment or remission of import duties or payment of export refunds;

(b) the collection of export duties;

(c)

the formalities required under the VAT and excise provisions in force;

(d) the application of prohibitions and restrictions, justified on grounds of public morality, public policy or
public security, the protection of the health and life of humans, animals or plants, the protection of the
environment, the protection of national treasures possessing artistic, historic or archaeological value, the
implementation of fishery conservation and management measures or the protection of industrial or
commercial property, including controls on drug pre-cursors, counterfeit goods and cash leaving the
Community.

Goods leaving the customs territory of the Community shall be subject to customs supervision and

2.
may be subject to customs controls.

Where appropriate, the customs authorities may determine the route to be used when goods are to leave the
customs territory of the Community, and the time limit for their removal from that territory.

Release for exit shall be granted on condition that the goods in question leave the customs territory of

3.
the Community in the same condition as when the pre-departure declaration was accepted.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures

4.
for the implementation of paragraphs 1, 2 and 3 of this Article.

CHAPTER 2

EXPORT

Article 187

Community goods

Community goods destined to leave the customs territory of the Community shall be placed under the
export procedure.

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Tuesday, 12 December 2006

The first paragraph shall not apply to the following goods:

(a) goods placed under the end-use or outward processing procedure;

(b) goods placed under the internal transit procedure or leaving the customs territory of the Community

temporarily, in accordance with Article 109.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying
down the export formalities applicable to goods placed under the end-use or outward processing procedure.

Article 188

Non-Community goods

Non-Community goods destined to leave the customs territory of the Community shall be subject to a

1.
re-export notification to be lodged at the competent customs office and to the exit formalities.

2.

3.

Articles 110 to 124 shall apply mutatis mutandis to the re-export notification.

Paragraph 1 shall not apply to the following goods:

(a) goods placed under the external transit procedure and which only pass through the customs territory of

the Community;

(b) goods trans-shipped within, or directly exported from, a free zone;

(c) goods under the temporary storage procedure which are directly exported from an authorized temporary

storage facility.

Article 189

Exit summary declaration

1. Where Community or non-Community goods are destined to leave the customs territory of the
Community and a re-export notification is not required, an exit summary declaration shall be lodged at the
competent customs office, in accordance with Article 184.

2.
The exit summary declaration shall be made using an electronic data processing technique. Commer-
cial, port or transport information may be used, provided that it contains the necessary particulars for an
exit summary declaration.

In exceptional circumstances, customs authorities may accept paper-based exit summary declarations,
provided that they apply the same level of risk management as that applied to exit summary declarations
made using an electronic data processing technique and that the requirements for the exchange of such data
with other customs offices can be met.

The customs authorities may allow the lodging of an export summary declaration to be replaced by the
lodging of a notification accompanied by access to the summary declaration data held in the economic
operator's computer system.

3.

(a)

(b)

(c)

The exit summary declaration shall be lodged by one of the following persons:

the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of
the customs territory of the Community;

the exporter or consignor or other person in whose name or on whose behalf the persons referred to
in point (a) act;

any person who is able to present the goods in question or to have them presented to the competent
customs authority.

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Tuesday, 12 December 2006

4. Where the export summary declaration is lodged by a person other than the operator of the means
of transport by which the goods leave Community customs territory, that operator shall, within the time
limit referred to in Article 185, first paragraph, point (c), lodge with the appropriate customs office a
notification of departure in the form of a manifest, a dispatch note or a load sheet containing the infor-
mation required in order to enable all the goods transported which are to be covered by an export
summary declaration to be identified.

Paragraph 2 shall apply, mutatis mutandis, to the first subparagraph of this paragraph.

Pursuant to the procedure referred to in Article 194(2) the Commission shall adopt measures specifying:

(a) the information to be shown on the notification of departure;

(b) the terms and conditions under which the requirement to lodge a notification of departure may be

waived or adjusted;

(c)

the rules governing the authorised exceptions and adjustments to the time limit mentioned in the
first subparagraph of this paragraph;

(d) the competent customs office where the notification of departure must be lodged or made available.

The following shall be taken into account in connection with the adoption of the above measures:

(a) the particular circumstances;

(b) the application of the measures to certain types of goods flow, modes of transport and economic

operators;

(c)

international agreements laying down specific provisions relating to security.

Article 190

Amendment of the exit summary declaration

The person who lodges the exit summary declaration shall, at his request, be permitted to amend one or
more particulars of that declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend
to examine the goods;

(b) the customs authorities have established that the particulars in question are incorrect;

(c)

the customs authorities have already allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it by laying down exceptions to
point (c) of the second subparagraph of this Article.

CHAPTER 3

RELIEF FROM DUTIES

Article 191

Temporary export

Community goods may be temporarily exported from the customs territory of the Community and

1.
benefit from duty relief upon re-importation.

2.
The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures
amending non-essential elements of this Regulation by supplementing it for the implementation of para-
graph 1 of this Article.

23.12.2006

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C 317 E/157

TITLE IX

CUSTOMS CODE COMMITTEE AND FINAL PROVISIONS

Tuesday, 12 December 2006

CHAPTER 1

CUSTOMS CODE COMMITTEE

Article 192

Further implementing measures

In addition to the implementing measures referred to in this Code, the Commission shall, in accordance
with the procedure referred to in Article 194(2), adopt measures laying down the following:

(a) rules and standards for the inter-operability of Member States' customs systems to bring about improved
co-operation based upon electronic data exchange between customs authorities, between customs autho-
rities and other competent authorities and between customs authorities and economic operators;

(b) the cases in which, and the conditions under which, the Commission may issue decisions requesting

Member States to revoke or amend a decision;

(c) any other implementing measures, where necessary, including where the Community accepts commit-
ments and obligations in relation to international agreements which require the adaptation of provisions
of the Code.

Article 193

Explanatory notes and guidelines

The Commission shall,

1.
following:

in accordance with the procedure referred to in Article 194(4), adopt the

(a) explanatory notes to this Code and the provisions adopted for its implementation, as well as to the rules

of origin referred to in Article 42;

(b) guidelines providing a Community interpretation of the provisions of the Code and other customs

legislation.

Such explanatory notes and guidelines shall be included as annexes in the implementing provisions

2.
of this Regulation.

Article 194

Committee

The Commission shall be assisted by the Customs Code Committee, hereinafter referred to as ‘the

1.
Committee’.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

The period laid down in Article 4 (3) of Decision 1999/468/EC shall be set at one month.

3. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4. 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.

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Tuesday, 12 December 2006

Article 195

Further matters

The Committee may examine any question concerning the Code, or the measures adopted for its implemen-
tation which is raised by its chairman, either on the initiative of the Commission or at the request of a repre-
sentative of a Member State, and which concerns, in particular, the following:

(a) any problems arising from the application of customs legislation;

(b) any position to be taken by the Community in committees, working groups and panels introduced by

or under international agreements dealing with customs legislation.

CHAPTER 2

FINAL PROVISIONS

Article 196

Repeal

Regulations (EEC) No 3925/91, (EEC) No 2913/92, (EC) No 82/2001 and (EC) No 1207/2001 are hereby
repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read
in accordance with the correlation table set out in the Annex.

Article 197

Reports relating to customs penalties

1. Member States shall notify the Commission, by … (*) at the latest, of the national provisions in force
in accordance with Article 22 and shall notify it without delay of any subsequent amendment affecting
them.

The Member States shall, by the end of each calendar year, send the Commission a report on the appli-

2.
cation of Article 22, in accordance with the specifications requested by the Commission.

Article 198

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 2009.

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

(*) Two months after the date of entry into force of this Regulation.

23.12.2006

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Official Journal of the European Union

C 317 E/159

ANNEX

Tuesday, 12 December 2006

Correlation Table 1: New Regulation > Regulation (EEC) 2913/92

New Article

Former Articles in Reg. 2913/92

New Article

Reg. 2913/92

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

new

2

3

1, 4

new & 15

new

new

11

14 + 199 CCIP

new

5 (1)(2) & (3)

5 (4)

new

5a (1)

5a (2)

5a (2)

6, 7, ex 10

ex 250

8

9

12

new

246

243

244

245

13

new

ex 78

Reg. 3925/91

16

11(2)

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

new

new

201

216

202, 203, ex 204, 206

143(2), ex 144, 208

209

210, 211

212

213

121, 122, ex 144, 214

112, 121, 122, 135, 136, ex 144, 178

new

215(1)(2) & (4)

189, 191

192(1)

190, 192(2)

193, 194, 197

196

195

94 (1)-(4)

94 (5)(6)(7)

198

199

215(3), 217

221(1) & (2)

221(3) & (4)

217, 220 (2) a & c

218, 219 (2) & 220(1)

new

222

223, 231

C 317 E/160

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

New Article

Former Articles in Reg. 2913/92

New Article

Reg. 2913/92

33

34

35

36

37

38

39

40

41

42

43

44

45

46

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

18, 35

17

19

20(1)-(5), 21

20(6)

22

23, 24

26

new

27

28, 36

29, 32, 36

30, 32(1)(e), 33

31

36a, 36b(1)

36b(1)-(4)

36b(5)

36c

37, 42, 58(2)

38(1)-(4)

38(5)

39

40, 41

46, 47

48, 49, 58(1)

50

54

55

Ex Article 313 CCIP

83

164

59

60

61, ex 77

79

80

81

82

83

84

85

86

87

88

89

90

91

92

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

224, 225, 226

227

228

229, 230

232, 214 (3)

235, 241, 242

237, 239, 240

236

238

220(2)(b), 236

239

new

new

150(2), ex 204, 205, 206, 207, 212a,
233, 234

90, 103

91(3), 111

109, 173(b)

ex 114, ex 115

92, 97, 98(3), 109(4), 115 (2), 120,
131, 142 (2), 146 (2), 165

91

93, 163, 164

new

95, 96

93

98, 166

101, 102

108, 110, 171

50, 51(2), 53

51(1), 52

99, 110

106

167(1)-(3), 168(1) & (2)

167(4), 172

173

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EN

Official Journal of the European Union

C 317 E/161

New Article

Former Articles in Reg. 2913/92

New Article

Reg. 2913/92

Tuesday, 12 December 2006

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

62, 76(1)a, 77

63, 67

64

65

66

68, ex 250

69

70

71, ex 250

72, ex 250

73

74

76(1) & (4)

76(1)(c)

new

76(2) & (3)

new

81

56

57, 75, 78(3)

ex 182

new

79

185(1)

185(2)

186

187

188

184 + Reg. 918/83

84

85, 86, 87, 88, 94, 95, 100, 104,
116, 117, 132, 133, 138, 147, 148

new

105, 106 (3), 107, 176

89, 92

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

—

ex 169, 170

169, ex 170

175

177, 181

180

137, 139

140

141, 142

143(1) & (2)

82

119

130, ex 114

118

123

145, 146, 149, 150, 151, 153(2)

152

154, 155, 156

154 (4), 157

182a

182b, ex 182c, 161(4) & (5)

ex 161, 162, 183

161(1), (2)

182, ex 182c

ex 182c, 182d

182d(4)

new

184 + Reg. 918/83

247, 248

new

247a, 248a

249

251, 252

253

—

C 317 E/162

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Correlation Table 2: Former Regulation (EEC) 2913/92 > New Regulation

Reg. 2913/92

New Article

Reg. 2913/92

New Article

Article 1

2

3

4

5

4

2

3

4

11, 12

5a

14, 15, 16

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

17

17

19

20

17

8, 32

21

27

9

5

31

34

33

35

36, 37

36

38

39

39

Withdrawn

40

42

43

44

45

46

44, 45

45

Article 44

Withdrawn

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

Withdrawn

102

102

103

103

104, 160

160, 161

161

160

105

106

131

103

97, 103

110

111

112

113

114

115

116

117

114

118

119

120

121

122

123

124

132

113, 125, 126, 128

112, 113

23.12.2006

EN

Official Journal of the European Union

C 317 E/163

Reg. 2913/92

New Article

Reg. 2913/92

New Article

Tuesday, 12 December 2006

34

35

36

36a

36b

36c

37

38

39

40

41

42

43

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

47

33

44

93

93, 94, 95

96

97

98, 99

100

101

101

97

Withdrawn

148, 152

146, 151

153, 156

67, 68, 143

143, 155

155

151

151, 157

162

143

158

158

147

143

145

145, 163

145

159

149, 151

159, 162

148

58

78

79

80

81

82

83

84

85

86

87

88

89

90

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

29

135

Withdrawn

130

176

108

142

143

143

143

143

146

147

174

174, 151

53, 175

52, 57, 58

181

151, 181

143

143

181

181

181

92, 182

181

183, 184

183

183

184

Withdrawn

Withdrawn

Withdrawn

186, 187, 188

187

C 317 E/164

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Reg. 2913/92

New Article

Reg. 2913/92

New Article

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

186

187

188

189

190

191

192

Withdrawn

150, 178

150, 151

143

143

179

177

151

57, 58

57, 58

180

Withdrawn

Withdrawn

Withdrawn

Withdrawn

Withdrawn

Withdrawn

178

151

143

143

Withdrawn

58

58

172

143

172

173

138

139

140

61

63

61

62, 63

163

164

165

166

167

168

153

109, 153

151

157

164, 165

164

168a

Withdrawn

169

170

171

172

173

174

175

176

177

178

179

180

181

182

182a

182b

182c

182d

183

184

185

220

221

222

223

224

225

226

167, 168

167, 168

159

165

149, 166

Withdrawn

169

145

170

58

Withdrawn

171

170

133, 189

185

186

186, 189, 190

190, 191

187

141, 193

136, 137

74, 75, 88

72, 73

77

78

79

79

79

23.12.2006

EN

Official Journal of the European Union

C 317 E/165

Reg. 2913/92

New Article

Reg. 2913/92

New Article

Tuesday, 12 December 2006

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

212a

213

214

215

216

217

218

219

64

64

66

65

64

69

70

Withdrawn

49

51

51

51, 92

92

51, 92

92

52

53

54

54

55

92

56

57, 83

60, 71

50

74

75

75

227

228

229

230

231

232

233

235

236

237

238

239

240

241

242

243

244

245

246

247

247a

248

248a

249

250

251

252

253

80

81

82

82

78

83

92

84

86, 88

85

87

85, 89

85

84

84

24

25

26

23

194

196

194

196

197

18, 118, 121, 122

198

198

199

Correlation Table 3: Repealed Regulation > New Regulation

Former Regulation

New Article

(EEC) No 918/83

(EEC) No 3925/91

(EC) No 82/2001

(EC) No 1207/2001

Articles 141 & 193

Article 30

Article 42

Article 42

C 317 E/166

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

P6_TA(2006)0546

Circulation of compound feedingstuffs ***I

legislative resolution on the proposal

European Parliament
the European
the Council correcting Directive 2002/2/EC amending Council Directive
Parliament and of
79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 —
2006/0117(COD))

for a decision of

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2006)0340) (1),

— having regard to Article 251(2) and Article 152(4)(b) of

the EC Treaty, pursuant

to which the

Commission submitted the proposal to Parliament (C6-0209/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0411/2006);

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;

3.

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

(1) Not yet published in OJ.

P6_TC1-COD(2006)0117

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Decision No …/2006/EC 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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b)
thereof,

Having regard to the proposal from the Commission,

Having consulted the European Economic and Social Committee,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

(1) Position of the European Parliament of 12 December 2006.

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Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Article 1(1)(b) of Directive 2002/2/EC of the European Parliament and of the Council (1), amended
Council Directive 79/373/EEC on the circulation of compound feedingstuffs (2). That provision added
a point to Article 5(1) of Directive 79/373/EEC, requiring manufacturers of compound animal
feedingstuffs to indicate, at the customer's request, the exact composition of a feedingstuff.

The Court of Justice of the European Communities, in its judgment of 6 December 2005 in Joined
Cases C-453/03, C-11/04, C-12/04 and C-194/04 (3), declared Article 1(1)(b) of Directive 2002/2/EC
invalid, in the light of the principle of proportionality.

Article 233 of the Treaty requires the institutions whose act has been declared void to take the neces-
sary measures to comply with the judgment of the Court of Justice.

The objective of ensuring feed safety is being achieved, amongst others, through implementation of
the provisions of Regulation (EC) No 178/2002 (4) and Regulation (EC) No 183/2005 (5).

A number of court rulings in the Member States have led to Directive 2002/2/EC being imple-
mented differently and unevenly and various cases relating to it are currently pending before the
national courts.

The Council and the European Parliament are not at present making more far-reaching amend-
ments to the basic legal act, as the Commission has promised, as part of the simplification
programme, to draw up proposals by mid-2007 to overhaul feed legislation. They anticipate that
the issue of the so-called ‘open declaration’ of ingredients will be fully reviewed in this connection,
and expect new proposals from the Commission taking account both of the interest of farmers in
being provided with precise, detailed information on the feed materials contained in feedingstuffs
and the interest of the industry in ensuring that business secrets are adequately protected.

Article 1(5) of Directive 2002/2/EC, which added to Article 12 of Directive 79/373/EEC a new
sub-paragraph, already provides for an obligation of manufacturers of compound feedingstuffs to
make available to the authorities responsible for carrying out official inspections, on request, any
document concerning the composition of feedingstuffs intended to be put into circulation which
enables the accuracy of the information given by the labelling to be verified.

(8)

Directive 2002/2/EC should therefore be corrected,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 2002/2/EC is corrected as follows:

(1) Article 1(1)(b) is deleted.

(1) Directive 2002/2/EC of

the European Parliament and of

the Council of 28 January 2002 amending Council

Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ L 63, 6.3.2002, p. 23).

(2) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(3) ABNA and Others ECR [2005] I-10423.
(4) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the
general principles and requirements of food law, establishing the European Food Safety Authority and laying down
procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Commission Regulation
(EC) 575/2006 (OJ L 100, 8.4.2006, p. 3).

(5) Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down tech-

nical requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

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(2) In Article 1(6), in the text of Article 15a of Directive 79/373/EEC, the words ‘Article 5(1)(j) and (l)’ are

replaced by the words ‘Article 5(1)(j)’.

‘Article 15a

At the latest on 6 November 2006, the Commission shall submit a report to the European Parliament
and the Council, on the basis of the information received from Member States, on the implementation
of the measures introduced by Article 5(1)(j) and (5)(d) and Article 5c and the second subparagraph of
Article 12, particularly as regards the indication of quantities, in the form of percentage by weight, of
feed materials on the labelling of compound feedingstuffs, including the permitted tolerance, accompa-
nied by any proposals designed to improve these measures.’.

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

Article 2

This Decision is addressed to the Member States.

Article 3

Done at …, on …

For the European Parliament

The President

For the Council

The President

P6_TA(2006)0547

Statistics on foreign affiliates ***I

European Parliament legislative resolution on the proposal for a regulation of the European
Parliament and of the Council on Community statistics on the structure and activity of foreign
affiliates (COM(2005)0088 — C6-0084/2005 — 2005/0016(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2005)0088) (1),

— having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0084/2005),

— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Economic and Monetary Affairs (A6-0332/2005);

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;

3.

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

(1) Not yet published in OJ.

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P6_TC1-COD(2005)0016

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Regulation (EC) No …/2007 of the European Parliament and of the Council on
Community statistics on the structure and activity of foreign affiliates

Tuesday, 12 December 2006

(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 285(1) 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)

(2)

(3)

(4)

(5)

(6)

Regular and good quality Community statistics on the structure and activity of foreign affiliates in the
whole economy are essential for an adequate assessment of the impact of foreign-controlled enter-
prises on the European Union economy. This would also facilitate the monitoring of the effectiveness
of the internal market and the gradual integration of the economies in the context of globalisation. In
this context, multinational enterprises are playing a leading role, but small and medium-sized enter-
prises can also be concerned by foreign control.

The implementation and review of the General Agreement on Trade in Services (GATS) and of the
Trade-Related Intellectual Property Rights Agreement (TRIPs) as well as the current and future nego-
tiations on further agreements call for the relevant statistical information to be made available in
order to assist the negotiations.

technical development and
For the preparation of economic, competition, enterprise, research,
employment policies in the context of the liberalisation process, statistics on foreign affiliates to
measure direct and indirect effects of foreign control on employment, wages and productivity in par-
ticular countries and sectors are necessary.

The information provided under existing Community legislation or available in Member States is
insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the
Commission.

Regulation (EC) No 184/2005 (3) establishes a common framework for the systematic production of
Community statistics on balance of payments, international trade in services and foreign direct invest-
ment. As balance of payments statistics cover only partially the data included in the GATS, it is essen-
tial that detailed statistics on foreign affiliates be produced regularly.

Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business
statistics (4) and Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for
the observation and analysis of the production system in the Community (5) established a common
framework for the collection, compilation, transmission and evaluation of Community statistics on
the structure and activity of businesses in the Community.

(1) OJ C 144, 14.6.2005, p. 14.
(2) Position of the European Parliament of 12 December 2006.
(3) OJ L 35, 8.2.2005, p. 23. Regulation as amended by Commission Regulation (EC) No 602/2006 (OJ L 106,

19.4.2006, p. 10).

(4) OJ L 14, 17.1.1997, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 of the European Parliament

and of the Council (OJ L 393, 30.12.2006, p. 1).

(5) OJ L 76, 30.3.1993, p. 1. Regulation 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).

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(7)

(8)

The compilation of national accounts according to the Council Regulation (EC) No 2223/96 of
25 June 1996 on the European system of national and regional accounts in the Community (1)
requires comparable, complete and reliable business statistics on foreign affiliates.

Collectively, the Manual on Statistics of International Trade in Services of the United Nations, the
Balance of Payments Manual (5th edition) of the International Monetary Fund, the Benchmark Defini-
tion on foreign direct investment and the Handbook on Economic Globalisation Indicators of the
Organisation for
the Economic Cooperation and Development establish the general rules for
compiling international comparable statistics on foreign affiliates.

(9)

The production of specific Community statistics is governed by the rules set out
Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (2).

in Council

(10)

(11)

(12)

Since the objective of this Regulation, namely the creation of common statistical standards for the
production of comparable statistics on foreign affiliates, 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 subsi-
diarity 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 that objective.

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 (3).

In particular, power should be conferred on the Commission to adapt the definitions in Annexes I
and II and the level of detail in Annex III as well as to make any consequential changes to Annexes I
and II, to implement the results of the pilot studies and to define the proper common quality stan-
dards and the contents and periodicity of the quality reports. Since those measures are of general
scope and are designed to amend non-essential elements of, or to supplement, this Regulation by the
addition of new non-essential elements, they should be adopted in accordance with the regulatory
procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC.

(13)

The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (4), and
the Committee on Monetary, Financial and Balance of Payments Statistics, established by Council
Decision 2006/856/EC (5), have been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a common framework for the systematic production of Community statistics on
the structure and activity of foreign affiliates.

Article 2

Definitions

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

(a)

‘foreign affiliate’ shall mean an enterprise resident in the compiling country over which an institutional
unit not resident in the compiling country has control, or an enterprise not resident in the compiling
country over which an institutional unit resident in the compiling country has control;

(1) OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European

Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

(2) OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.
(3) 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) OJ L 181, 28.6.1989, p. 47.
(5) OJ L 332, 30.11.2006, p. 21.

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(b)

(c)

(d)

‘control’ shall mean the ability to determine the general policy of an enterprise by choosing appropriate
directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B
when B controls, whether directly or indirectly, more than half of the shareholders' voting power or
more than half of the shares;

‘foreign control’ shall mean that the controlling institutional unit is resident in a different country from
the one where the institutional unit over which it has control is resident;

‘branches’ shall mean local units not constituting separate legal entities, which are dependent on
foreign-controlled enterprises. They are treated as quasi-corporate enterprises within the meaning of
point 3(f) of the Explanatory notes to Section III (B) of the Annex to Regulation (EEC) No 696/93;

(e)

‘statistics on foreign affiliates’ shall mean statistics describing the overall activity of foreign affiliates;

(f)

(g)

‘inward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates resi-
dent in the compiling country;

‘outward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates
abroad controlled by an institutional unit resident in the compiling country;

(h) ‘ultimate controlling institutional unit of a foreign affiliate’ shall mean the institutional unit, proceeding

up a foreign affiliate's chain of control, which is not controlled by another institutional unit;

(i)

‘enterprise’,
(EEC) No 696/93.

‘local unit’ and ‘institutional unit’ shall each have the same meaning as in Regulation

Article 3

Submission of data

Member States shall submit to the Commission (Eurostat) data on foreign affiliates in respect of the charac-
teristics, the economic activities and the geographical breakdown as referred to in Annexes I, II and III.

Article 4

Data sources

1. Member States shall, while complying with conditions as to quality referred to in Article 6, collect the
information required under this Regulation using all the sources they consider relevant and appropriate.

2.
Natural and legal persons required to supply information shall, when responding, comply with the
time limits and definitions set by the national institutions responsible for the collection of data within the
Member States in accordance with this Regulation.

3. Where the required data cannot be collected at a reasonable cost, best estimates, including zero values,
may be transmitted.

Article 5

Pilot studies

1.
The Commission shall draw up a programme for pilot studies to be carried out by national authorities
within the meaning of Article 2 of Regulation (EC) No 322/97 on a voluntary basis on additional variables
and breakdowns for inward and outward statistics on foreign affiliates.

The pilot studies shall be carried out in order to assess the relevance and feasibility of collecting data,
2.
taking into account the benefits of the availability of the data in relation to the cost of the statistical system
and the burden on enterprises.

3.

The Commission programme for pilot studies shall be consistent with Annexes I and II.

4.
On the basis of the conclusions of the pilot studies, the Commission shall adopt the necessary imple-
mentation measures for inward and outward statistics on foreign affiliates in accordance with the regulatory
procedure with scrutiny referred to in Article 10(3).

5.

The pilot studies shall be completed by … (*).

(*) OJ: Three years from the entry into force of this Regulation.

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Article 6

Quality standards and reports

1. Member States shall take all measures necessary to ensure the quality of the data transmitted according
to common quality standards.

2. Member States shall supply the Commission (Eurostat) with a report on the quality of the data trans-
mitted (quality reports).

3.
The common quality standards as well as the content and periodicity of the quality reports shall be
specified by the Commission in accordance with the regulatory procedure with scrutiny referred to in
Article 10(3).

4.

The Commission shall assess the quality of the data transmitted.

Article 7

Recommendations manual

The Commission shall, in close cooperation with the Member States, publish a recommendations manual
which contains the relevant definitions and supplementary guidance concerning the Community statistics
produced pursuant to this Regulation.

Article 8

Timetable and derogations

1. Member States shall compile the data according to the implementation timetable as specified in
Annexes I and II.

During a transitional period that shall not exceed four years from the first reference year as referred to
2.
in Annexes I and II, derogations from the provisions of this Regulation may be granted for a limited period
by the Commission to Member States,
in accordance with the regulatory procedure referred to in
Article 10(2), when their national systems require major adaptations.

Article 9

Implementing measures

The following measures for implementing this Regulation shall be adopted in accordance with the

1.
regulatory procedure referred to in Article 10(2):

(a) setting out the appropriate format and procedure for the transmission of results by Member States; and

(b) granting derogations to Member States when their national systems require major adaptations, including

granting derogations from any new requirements following pilot studies, pursuant to Article 8(2).

2.
The following measures designed to amend non-essential elements of this Regulation, including by
supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in
Article 10(3):

(a) adapting definitions in Annexes I and II, adapting the level of detail in Annex III, and making any conse-

quential changes in Annexes I and II;

(b) implementing the results of the pilot studies, pursuant to Article 5(4); and

(c) defining proper common quality standards and the contents and periodicity of the quality reports,

pursuant to Article 6(3).

3.
Particular consideration shall be given to the principle that the benefits of such measures must
outweigh their costs, and to the principle that any additional financial burden on Member States or enter-
prises should remain within a reasonable limit.

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Article 10
Committee

Tuesday, 12 December 2006

1.

The Commission shall be assisted by the Statistical Programme Committee (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 referred to in Article 5(6) of Decision 1999/468/EC shall be three months.

3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8 thereof.

The European Central Bank and the national central banks may attend the meetings of the Committee

4.
as observers.

Article 11
Cooperation with the Committee on Monetary, Financial and Balance of
Payments Statistics

In implementing this Regulation, the Commission shall request the opinion of the Committee on Monetary,
Financial and Balance of Payments Statistics on all matters falling within that committee's competence,
notably about all measures for adjustment to economic and technical developments concerning the collec-
tion and statistical processing of data, the processing and transmission of results.

Article 12
Report on implementation

The Commission shall, by … (*), submit a report to the European Parliament and the Council on the imple-
mentation of this Regulation. In particular, that report shall:

(a) assess the quality of the statistics produced;

(b) assess the benefits accruing to the Community, the Member States, the providers and users of statistical

information of the statistics produced in relation to the costs;

(c) assess the progress of the pilot studies and their implementation; and

(d)

identify areas for potential improvement and amendments considered necessary in light of the results
obtained and the costs involved.

Article 13
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.

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

(*) OJ: Five years from the entry into force of this Regulation.

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ANNEX I

COMMON MODULE FOR INWARD STATISTICS ON FOREIGN
AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches, which are under foreign control according to the
definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics as defined in the Annex to Commission Regulation (EC) No 2700/98 of
17 December 1998 concerning the definitions of characteristics for structural business statistics (1) will be
compiled:

Code

Title

11 11 0

Number of enterprises

12 11 0

Turnover

12 12 0

Production value

12 15 0

Value added at factor cost

13 11 0

Total purchases of goods and services

13 12 0

Purchases of goods and services purchased for resale in the same condition as received

13 31 0

Personnel costs

15 11 0

Gross investment in tangible goods

16 11 0

Number of persons employed

22 11 0

Total intra-mural R & D expenditure (*)

22 12 0

Total number of R & D personnel (*)

(*) Variables 22 11 0 and 22 12 0 shall be reported every second year. If the total amount of turnover or the number of persons
employed in a division of NACE Rev. 1.1 Sections C to F represent, in a Member State, less than 1 % of the Community total, the
information necessary for the compilation of statistics relating to characteristics 22 11 0 and 22 12 0 need not be collated for the
purposes of this Regulation.

If the number of persons employed is not available, the number of employees (code 16 13 0) will be
compiled instead.

Variables total
(code 22 12 0) are only required to be compiled for activities in NACE sections C, D, E and F.

intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel

For NACE section J only the number of enterprises, turnover (**) and the number of persons employed (or
the number of employees instead) will be compiled.

(1) OJ L 344, 18.12.1998, p. 49. Regulation as last amended by Regulation (EC) No 1670/2003 (OJ L 244, 29.9.2003,

p. 74).

(**) For NACE Rev. 1.1 division 65 turnover will be replaced by production value.

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SECTION 3

Level of detail

Tuesday, 12 December 2006

Data will be provided according to the concept of ‘ultimate controlling institutional unit’ with the geogra-
phical breakdown level 2-IN combined with the activity breakdown level 3 as specified in Annex III and the
geographical breakdown level 3 combined with Business Economy.

SECTION 4

First reference year and periodicity

1. The first reference year for which annual statistics will be compiled is the calendar year of the entry into

force of this Regulation.

2. Member States will provide data for every calendar year thereafter.

3. The first reference year for which variables total intra-mural R & D expenditure (code 22 11 0) and total

number of R & D personnel (code 22 12 0) will be compiled is 2007.

SECTION 5

Transmission of results

The results will be transmitted within 20 months after the end of the reference year.

SECTION 6

Reports and pilot studies

1. Member States will provide the Commission with a report relating to the definition, structure and

availability of the statistical data to be compiled for the purposes of this common module.

2. For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out
by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 pursuant to
Article 5 of this Regulation.

3. The pilot studies will be carried out in order to assess the feasibility of obtaining data, taking into
account the benefits of the availability of such data in relation to the cost of collection and the burden
on business.

4. Pilot studies will be conducted for the following characteristics:

Code

Title

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

Exports,
services.

imports,

intra-group exports and intra-group imports will be broken down into goods and

5. Pilot studies will also be conducted to study the feasibility of compiling data for activities in NACE
sections M, N and O and of compiling the variables total intra-mural R & D expenditure (code 22 11 0)
and total number of R & D personnel (code 22 12 0) for activities in NACE sections G, H, I, K, M, N and
O. Pilot studies will also be conducted to assess the relevance, feasibility and costs of breaking down the
data as specified in section 2 into size classes measured in terms of number of persons employed.

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ANNEX II

COMMON MODULE FOR OUTWARD STATISTICS ON FOREIGN
AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches abroad that are controlled by an institutional unit
resident in the compiling country, according to the definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics, as defined in the Annex to Regulation (EC) No 2700/98, will be compiled:

Code

12 11 0

16 11 0

11 11 0

Turnover

Number of persons employed

Number of enterprises

Title

If the number of persons employed is not available, the number of employees (code 16 13 0) will be
compiled instead.

SECTION 3

Level of detail

Data will be provided with the detail by country of location and by activity of the foreign affiliate specified
in Annex III. The detail by country of location and activity will be combined as follows:

— Level 1 of the geographical breakdown combined with Level 2 of the activity breakdown.
— Level 2-OUT of the geographical breakdown combined with level 1 of the activity breakdown.
— Level 3 of the geographical breakdown combined with data on total activity only.

SECTION 4

First reference year and periodicity

1. The first reference year for which annual statistics will be compiled is the calendar year of the entry in

force of this Regulation.

2. Member States will provide data for every calendar year thereafter.

SECTION 5

Transmission of results

The results will be transmitted within 20 months from the end of the reference year.

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SECTION 6

Reports and pilot studies

Tuesday, 12 December 2006

1. Member States will provide the Commission with a report relating to the definition, structure and

availability of the statistical data to be compiled for the purposes of this common module.

2. For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out
by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97, pursuant to
Article 5 of this Regulation.

3. The pilot studies will be carried out in order to assess the relevance and feasibility of obtaining data,
taking into account the benefits of the availability of such data in relation to the cost of collection and
the burden on business.

4. Pilot studies will be conducted for the following characteristics:

Code

Title

13 31 0

Personnel costs

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

12 15 0

15 11 0

Value added at factor cost

Gross investment in tangible goods

ANNEX III

LEVELS FOR DETAILED INFORMATION BY GEOGRAPHY AND BY ACTIVITY

Geographical
breakdown levels

Level 1

Level 2-OUT
(Level 1 + 24 countries)

V2

Extra-EU 27

CH

RU

CA

US

Switzerland

Russian Federation

Canada

United States of America

V2

IS

LI

Extra-EU 27

Iceland

Liechtenstein

NO

Norway

CH

HR

RU

TR

EG

MA

NG

ZA

CA

US

MX

AR

Switzerland

Croatia

Russian Federation

Turkey

Egypt

Morocco

Nigeria

South Africa

Canada

United States

Mexico

Argentina

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Geographical
breakdown levels

Level 1

Level 2-OUT
(Level 1 + 24 countries)

BR

Brazil

CN

HK

IN

JP

Z8

C4

Z7

China

Hong Kong

India

Japan

Extra-EU27 not allocated

Offshore Financial Centres

Equally-shared control of UCIs (*) of more than
1 Member State

(*) Ultimate controlling institutional unit of a foreign affiliate.

BR

CL

UY

VE

IL

CN

HK

IN

ID

JP

KR

MY

PH

SG

TW

TH

AU

NZ

Z8

C4

Z7

Brazil

Chile

Uruguay

Venezuela

Israel

China

Hong Kong

India

Indonesia

Japan

South Korea

Malaysia

Philippines

Singapore

Taiwan

Thailand

Australia

New Zealand

Extra-EU 27 not allocated

Offshore Financial Centres

Equally-shared control of UCIs (*)
of more than 1 Member State

Level 2-IN

A1

Z9

A2

V1

BE

BG

CZ

DK

DE

EE

GR

ES

FR

IE

World total (all entities including compiling country)

Rest of the World (excluding compiling country)

Controlled by the compiling country

EU-27 (Intra-EU-27) excluding compiling country

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

23.12.2006

EN

Official Journal of the European Union

C 317 E/179

Tuesday, 12 December 2006

IT

CY

LV

LT

LU

HU

MT

NL

AT

PL

PT

RO

SI

SK

FI

SE

UK

Z7

V2

AU

CA

CH

CN

HK

IL

IS

JP

LI

NO

NZ

RU

TR

US

C4

Z8

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

Equally-shared control of UCIs (*) of more than one Member State

Extra-EU 27

Australia

Canada

Switzerland

China

Hong Kong

Israel

Iceland

Japan

Liechtenstein

Norway

New Zealand

Russian Federation

Turkey

United States

Offshore Financial Centres

Extra-EU27 not allocated

(*) Ultimate controlling institutional unit of a foreign affiliate.

C 317 E/180

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Level 3

AD Andorra

EE

Estonia (*)

AE

United Arab Emirates

EG Egypt

AF

Afghanistan

ER Eritrea

AG

Antigua and Barbuda

AI

AL

Anguilla

Albania

AM Armenia

ES

ET

FI

FJ

Spain (*)

Ethiopia

Finland (*)

Fiji

AN Netherlands Antilles

FK Falkland Islands
(Malvinas)

KZ

LA

LB

LC

LI

LK

LR

LS

Kazakhstan

QA Qatar

Lao People's
Democratic Republic

RO Romania (*)

Lebanon

Saint Lucia

RU Russian Federation

RW Rwanda

Liechtenstein

SA Saudi Arabia

Sri Lanka

Liberia

Lesotho

SB

Solomon Islands

SC Seychelles

SD Sudan

AO Angola

FM Micronesia, Federated

LT

Lithuania (*)

SE

Sweden (*)

States of

AQ Antarctica

FO Faroe Islands

AR

AS

Argentina

FR France (*)

American Samoa

GA Gabon

LU

LV

LY

Luxembourg (*)

SG Singapore

Latvia (*)

Libyan Arab
Jamahiriya

SH St Helena

SI

Slovenia (*)

AT

Austria (*)

AU

Australia

AW Aruba

GD Grenada

GE Georgia

MA Morocco

SK Slovakia (*)

MD Moldova, Republic of

SL

Sierra Leone

GG Guernsey

MG Madagascar

SM San Marino

AZ

BA

BB

BD

BE

BF

Azerbaijan

Bosnia and
Herzegovina

Barbados

Bangladesh

Belgium (*)

GH Ghana

GI Gibraltar

MH Marshall Islands

SN Senegal

MK (1) The Former Yugoslav
Republic of
Macedonia

SO Somalia

GL Greenland

ML

Mali

SR Suriname

GM Gambia

GN Guinea

MM Myanmar

ST

Sao Tome and Principe

MN Mongolia

SV El Salvador

Burkina Faso

GQ Equatorial Guinea

MO Macau

SY Syrian Arab Republic

BG

Bulgaria (*)

GR Greece (*)

BH

Bahrain

BI

BJ

Burundi

Benin

GS

South Georgia and
the South Sandwich
Islands

GT Guatemala

GU Guam

MS

MT

Montserrat

Malta (*)

MP

Northern Mariana
Islands

SZ Swaziland

MR

Mauritania

TC Turks and Caicos

Islands

TD Chad

TF

French Southern
Territories

BM Bermuda

GW Guinea-Bissau

MU Mauritius

TG Togo

BN

Brunei Darussalam

GY Guyana

MV

Maldives

BO Bolivia

BR

Brazil

HK Hong Kong

MW Malawi

HM Heard Island and
McDonald Islands

MX

Mexico

TH Thailand

TJ

Tajikistan

TK Tokelau

BS

BT

BV

(1)

Bahamas

Bhutan

HN Honduras

HR Croatia

Bouvet Island

HT Haiti

MY

MZ

NA

Malaysia

TM Turkmenistan

Mozambique

TN Tunisia

Namibia

TO Tonga

Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotia-
tion currently taking place at the United Nations.

23.12.2006

EN

Official Journal of the European Union

C 317 E/181

Tuesday, 12 December 2006

NC

NE

NF

NG

NI

New Caledonia

TP

East Timor

Niger

TR Turkey

Norfolk Island

TT

Trinidad and Tobago

Nigeria

Nicaragua

TV Tuvalu

TW Taiwan, Province of

China

BW Botswana

HU Hungary (*)

ID Indonesia

IE

IL

Ireland (*)

Israel

IM Isle of Man (No offi-
cial ISO 3166-1
country code, excep-
tionally reserved code
elements)

BY

BZ

CA

CC

CD

CF

CG

CH

Belarus

Belize

Canada

Cocos (Keeling)
Islands

Congo, the
Democratic Republic
of the

Central African
Republic

Congo

Switzerland

IN India

NL

Netherlands (*)

TZ Tanzania, United
Republic of

IO British Indian Ocean

NO

Norway

UA Ukraine

Territory

IQ Iraq

IR

Iran, Islamic Republic
of

NP

NR

Nepal

Nauru

CI

Côte d'Ivoire

IS

Iceland

NU

Niue

UG Uganda

UK United Kingdom (*)

UM United States Minor
Outlying Islands

CK

CL

Cook Islands

Chile

IT

JE

Italy (*)

NZ

New Zealand

US United States

OM Oman

UY Uruguay

Jersey (No official
ISO 3166-1 country
code, exceptionally
reserved code
elements)

CM Cameroon

CN

China

JM Jamaica

JO Jordan

PA

PE

Panama

Peru

CO Colombia

JP

Japan

PF

French Polynesia

UZ Uzbekistan

VA Holy See (Vatican City

State)

VC St Vincent and the
Grenadines

CR

CU

CV

CX

CY

CZ

Costa Rica

Cuba

Cape Verde

KE Kenya

KG Kyrgyzstan

KH Cambodia

(Kampuchea)

Christmas Island

KI

Kiribati

Cyprus (*)

KM Comoros

Czech Republic (*)

KN St Kitts and Nevis

PG

PH

PK

PL

PN

PS

Papua New Guinea

VE Venezuela

Philippines

Pakistan

Poland (*)

Pitcairn

VG Virgin Islands, British

VI

Virgin Islands, US

VN Viet Nam

VU Vanuatu

Palestinian Territory,
Occupied

WF Wallis and Futuna

DE

Germany (*)

KP Korea, Democratic

PT

Portugal (*)

WS Samoa

DJ

Djibouti

People's Republic of
(North Korea)

KR Korea, Republic of
(South Korea)

PW Palau

YE Yemen

DK

Denmark (*)

KW Kuwait

PY

Paraguay

DM Dominica

KY Cayman Islands

DO Dominican Republic

DZ

EC

A2

Algeria

Ecuador

Controlled by the
compiling country

Z8 Extra EU-27 not
allocated

Z7 Equally-shared

control of UCIs (**)
of more than 1
Member State

(*) Only for Inward.
(**) Ultimate controlling institutional unit of a foreign affiliate.

ZA South Africa

ZM Zambia

ZW Zimbabwe

RS

Serbia

ME Montenegro

C 317 E/182

EN

Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

ACTIVITY BREAKDOWN LEVELS

Level 1

Level 2

TOTAL ACTIVITY

TOTAL ACTIVITY

MINING &
QUARRYING

MINING AND QUARRYING

Of which:

Extraction of petroleum and gas

MANUFACTURING

MANUFACTURING

Food products

Textiles and wearing apparel

Wood, publishing and printing

TOTAL textiles + wood activities

Refined petroleum prod. and other treatments

Manufacture of chemicals & chemical products

Rubber and plastic products

Petrol, chem., rubber,
plastic prod.

TOTAL petroleum, chemic., rubber, plastic products

Metal products

Mechanical products

TOTAL metal and mechanical products

Office machinery and computers

Radio, TV, communication equipments

TOTAL machin., comput., RTV, comm. equip.

Motor vehicles

Other transport equipment

TOTAL vehicles + other transport equipment

Manufacturing n.i.e.

Office mach., comp.,
RTV, comm. eq.

Vehicles, other trans-
port equip.

ELECTRIC., GAS &
WATER

ELECTRICITY, GAS AND WATER

CONSTRUCTION

CONSTRUCTION

TOTAL SERVICES

TOTAL SERVICES

TRADE AND REPAIRS

TRADE AND REPAIRS

Sale, maintenance and repair of motor vehicles and motor cycles;
retail sale of automotive fuel

Wholesale trade and commission trade, except of motor vehicles
and motor cycles

Retail trade, except of motor vehicles and motor cycles; repair of
personal and household goods

HOTELS &
RESTAURANTS

HOTELS AND RESTAURANTS

NACE Rev. 1.1 (1)

Sec C to O
(excluding L)

Sec C

Div 11

Sec D

Subsection DA

Subsection DB

Subsections DD & DE

Div 23

Div 24

Div 25

Subsection DJ

Div 29

Div 30

Div 32

Div 34

Div 35

Sec E

Sec F

Sec G

Div 50

Div 51

Div 52

Sec H

23.12.2006

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Official Journal of the European Union

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Tuesday, 12 December 2006

Level 2

NACE Rev. 1.1 (1)

TRANSPORTS, STORAGE AND COMMUNICATION

Sec I

Transport and storage

Land transport; transport via pipelines

Water transport

Air transport

Supporting and auxiliary transport activities; activities of travel
agencies

Post and telecommunications

Post and courier activities

Telecommunications

FINANCIAL INTERMEDIATION

Div 60, 61, 62, 63

Div 60

Div 61

Div 62

Div 63

Div 64

Group 641

Group 642

Sec J

Financial intermediation, except insurance and pension funding

Div 65

Insurance and pension funding, except compulsory social security

Div 66

Level 1

TRANSP., STORAGE
AND COM.

FINANCIAL
INTERMED.

COMPUT. & RELATED
ACT.

RESEARCH &
DEVELOP.

OTHER BUSINESS
ACT.

Activities auxiliary to financial intermediation

REAL ESTATE ACTIVITIES

RENTING OF MACHINERY AND EQUIPMENT WITHOUT
OPERATOR AND OF PERSONAL AND HOUSEHOLD GOODS

COMPUTER AND RELATED ACTIVITIES

RESEARCH AND DEVELOPMENT

OTHER BUSINESS ACTIVITIES

Legal, account., market research, consultancy

Legal activities

Account., bookkeeping and audit.; tax consult.

Market research and public opinion polling

Business and management consultancy activities

Management activities of holding companies

Architectural, engineering and other tech. act.

Advertising

Business activities n.e.c.

Div 67

Sec K, Div 70

Sec K, Div 71

Sec K, Div 72

Sec K, Div 73

Sec K, Div 74

Group 741

Class 7411

Class 7412

Class 7413

Class 7414

Class 7415

Group 742

Group 744

Group 743, 745, 746,
747, 748

Sec M

Sec N

Sec O, Div 90

Sec O, Div 91

Sec O, Div 92

REC., CULT.,
SPORTING ACTIV.

EDUCATION

HEALTH AND SOCIAL WORK

SEWAGE AND REFUSE DISPOSAL

ACTIVITIES OF MEMBERSHIP ORGANIS. N.E.C.

RECREATIONAL, CULT., SPORTING ACTIVITIES

Motion picture, radio, tel., other entertain. activ.

Group 921, 922, 923

News agency activities

Library, archives, museums, other cultural act.

Sporting and other recreational activities

OTHER SERVICE ACTIVITIES

Not allocated

Group 924

Group 925

Group 926, 927

Sec O, Div 93

(1) Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European

Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Regulation (EC) No 1893/2006.

C 317 E/184

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Heading

Business Economy

Mining and quarrying

Manufacturing

Level 3 (NACE Rev. 1.1)

Requested level of detail

Sections C to K

Section C

Section D

All subsections DA to DN

All divisions 15 to 37

Aggregates:

High-technology (HIT)

24.4, 30, 32, 33, 35.3

Medium-high-technology (MHT)

Medium-low-technology (MLT)

Low-Technology (LOT)

24 except 24.4, 29, 31, 34, 35.2,
35.4, 35.5

23, 25-28, 35.1

15-22, 36, 37

Electricity, gas and water supply

Section E

Construction

Wholesale and retail trade; repair of
motor vehicles, motorcycles and
personal and household goods

All divisions (40 and 41)

Section F (Division 45)

All Groups (45.1 to 45.5)

Section G

All divisions (50 to 52)

Groups 50.1 + 50.2 + 50.3, 50.4, 50.5, 51.1 to 51.9

Hotels and restaurants

Groups 52.1 to 52.7

Section H (Division 55)

Groups 55.1 to 55.5

Transport, storage and communica-
tion

Section I

All divisions

Groups 60.1, 60.2, 60.3, 63.1 + 63.2, 63.3, 63.4, 64.1, 64.2

Financial intermediation

Real estate, renting and business
activities

Section J

All divisions

Section K

Division 70

Division 71, groups 71.1 + 71.2, 71.3 and 71.4

Division 72, groups 72.1 to 72.6

Division 73

Division 74, the aggregates 74.1 to 74.4 and 74.5 to 74.8

23.12.2006

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Official Journal of the European Union

C 317 E/185

Tuesday, 12 December 2006

P6_TA(2006)0548

Financing instrument
worldwide ***I

for the promotion of democracy and human rights

European Parliament legislative resolution on the 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))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2006)0354),

— having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the

Commission submitted the proposal to Parliament (C6-0206/2006),

— 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 (1) (IIA) and the related exchange of letters,

— 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
Development, of the Committee on Women's Rights and Gender Equality and of the Committee on
Budgets (A6-0376/2006);

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;

3. Considers that the financial envelope indicated in the legislative proposal must be compatible with the
ceiling of heading 4 of the multiannual financial framework and points out that the annual amount will be
decided within the annual budgetary procedure, in accordance with point 37 of the IIA;

4.

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

(1) OJ C 139, 14.6.2006, p. 1.

P6_TC1-COD(2006)0116

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to
the adoption of Regulation (EC) No …/2006 of the European Parliament and Council on establishing
a financing instrument for the promotion of democracy and human rights worldwide (European
Instrument for Democracy and Human Rights)

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(2) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),

(1) Position of the European Parliament of 12 December 2006.

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Official Journal of the European Union

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Tuesday, 12 December 2006

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

external

effective

assistance more

to make
A new framework for planning and delivering assistance is proposed in order
the Community's
and transparent. Council Regulation
(EC) No 1085/2006 of 17 July 2006 (1) establishes an Instrument for Pre-Accession Assistance
for Community assistance to candidate and potential candidate countries. Regulation
(IPA)
(EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (2) etablishes
a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's
European Neighbourhood Policy. Regulation (EC) No […] (*) of the European Parliament and of the
Council of 12 December 2006 (3) establishes a financing instrument for Development Cooperation
(DCI). Council Regulation (EC) No […] (*) of […] (4) establishes a financing instrument for coopera-
tion with industrialised and other high-income
(ICI). Regulation
(EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (5) estab-
lishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emer-
ging crisis, and specific global and transregional threats. This Regulation establishes a financing instru-
ment for the promotion of democracy and human rights worldwide (European Instrument for
Democracy and Human Rights) allowing for assistance independent from the consent of
third
country governments and other public authorities.

and territories

countries

Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles
of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, prin-
ciples which are common to the Member States.

The promotion, development and consolidation of democracy and the rule of law, and of respect for
human rights and fundamental freedoms constitute a prime objective of the Community's develop-
ment policy and economic, financial and technical cooperation with third countries (6). A commit-
ment to respect, promote and protect democratic principles and human rights is an essential element
of the Community's contractual relations with third countries (7).

This financing instrument contributes to the achievement of the objectives of the development policy
statement on the ‘European Consensus on Development’ (DPS) jointly 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 20 December 2005 (8). The DPS underlines that
‘progress in the protection of human rights, good governance and democratisation is fundamental for
poverty reduction and sustainable development’, thereby contributing to the achievement of the
Millennium Development Goals (MDGs).

The DPS having reaffirmed that the promotion of gender equality and women's rights is a funda-
mental human right and a question of social justice, as well as being instrumental in achieving all the
MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of
Discrimination Against Women, this Regulation includes a strong gender component.

This financing instrument contributes to achieving the objective of the Union's Common Foreign
and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU
Guidelines, regarding the development and consolidation of democracy and the rule of law, and
respect for human rights and fundamental freedoms.

(1) OJ L 210, 31.7.2006, p. 82.
(2) OJ L 310, 9.11.2006, p. 1.
(*) Note to OJ: Please insert number and/or date of this Regulation.
(3) OJ L …
(4) OJ L …
(5) OJ L 327, 24.11.2006, p. 1.
(6) Commission Communication of 8 May 2001 on the European Union's role in promoting human rights and democra-

tisation in third countries.

(7) Commission Communication of 23 May 1995 on the Inclusion of Respect for Democratic Principles and Human

Rights in Agreements between the Community and Third Countries.

(8) OJ C 46, 24.2.2006, p. 1.

23.12.2006

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Official Journal of the European Union

C 317 E/187

(7)

(8)

(9)

(10)

The Community's contribution to the development and consolidation of democracy and the rule of
law, and of respect for human rights and fundamental freedoms is rooted in the general principles
established by the International Bill of Human Rights, and any other human rights instrument
adopted within the framework of the United Nations, as well as relevant regional human rights
instruments.

Tuesday, 12 December 2006

Democracy and human rights are inextricably linked. The fundamental freedoms of expression and
association are the preconditions for political pluralism and democratic process, whereas democratic
control and separation of powers are essential to sustain an independent judiciary and the rule of law
which in turn are required for effective protection of human rights.

Human rights are considered in the light of universally accepted international norms, but democracy
has also to be seen as a process, developing from within, involving all sections of society and a range
of institutions, in particular national democratic parliaments, that should ensure participation, repre-
sentation, responsiveness and accountability. The task of building and sustaining a culture of human
rights and making democracy work for citizens, though especially urgent and difficult in emerging
democracies, is essentially a continuous challenge, belonging first and foremost to the people of the
country concerned but without diminishing the commitment of the international community.

In order to address the above issues in an effective, transparent, timely and flexible manner beyond
the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements
for the implementation of development cooperation operations which contribute to the general
objective of developing and consolidating democracy and the rule of law and to that of respecting
freedoms (1) and Council Regulation (EC) No 976/1999 of
human rights and fundamental
29 April 1999 laying down the requirements for the implementation of Community operations,
other than those of development cooperation, which, within the framework of Community coopera-
tion policy, contribute to the general objective of developing and consolidating democracy and the
rule of law and to that of respecting human rights and fundamental freedoms in third countries (2),
which served as the legal base for the European Initiative for Democracy and Human Rights and
which expire by 31 December 2006, there is a need for specific financial resources and a specific
that can continue to work in an independent manner whilst remaining
financing instrument
complementary to and reinforcing related Community instruments for external assistance,
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 (3), and
humanitarian aid.

(11) Community assistance under this Regulation is designed to complement the various other tools for
implementation of EU policies on democracy and human rights, which range from political dialogue
and diplomatic demarches to various instruments of financial and technical cooperation, including
both geographic and thematic programmes. It will also complement the more crisis-related interven-
tions of the Instrument for Stability.

(12)

In particular, in addition and complementary to the measures agreed with partner countries in the
context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European
Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou
Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and
other high-income countries and territories and the Instrument for Stability, the Community provides
assistance under this Regulation that addresses global, regional, national and local human rights and
democratisation issues in partnership with civil society understood to span all types of social action
by individuals or groups that are independent from the state and active in the field of human rights
and democracy promotion.

(1) OJ L 120, 8.5.1999, p. 1. 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).

(2) OJ L 120, 8.5.1999, p. 8. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005,

p. 23).

(3) OJ L 317, 15.12.2000, p. 3; OJ L 385, 29.12.2004, p. 88.

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Official Journal of the European Union

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Tuesday, 12 December 2006

(13)

Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all
external assistance financing instruments, Community assistance under this Regulation will have a
specific complementary and additional role by virtue of its global nature and its independence of
action from the consent of third country governments and other public authorities. This makes
possible cooperation with civil society on sensitive human rights and democracy issues, including
migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons,
providing the flexibility to respond to changing circumstances or to support innovation. It also
provides a Community capacity to articulate and support specific objectives and measures at interna-
tional level which are neither geographically linked nor crisis related and which may require a trans-
national approach or involve operations both within the Community and in a range of third coun-
tries. It provides the necessary framework for operations, such as support to independent EU election
observation missions requiring policy coherence, a unified management system and common oper-
ating standards.

(14) Developing and consolidating democracy under

this Regulation should include democratic
parliaments and their capacity to support and advance democratic reform processes. National
parliaments need therefore to be included as eligible bodies for funding under this Regulation when
this is necessary in order to achieve its objectives, unless the proposed measure can be financed
under a related Community external assistance instrument.

(15)

The ‘Guidelines for strengthening operational coordination between the Community, represented by
the Commission, and the Member States in the field of external assistance’ of 21 January 2001
emphasise the need for enhanced coordination of EU external assistance in the fields of supporting
democratisation and promoting respect for human rights and fundamental freedoms worldwide. The
Commission and Member States should ensure that their respective assistance measures are comple-
mentary and coherent, avoiding overlapping and duplication. The Commission and Member States
should seek closer coordination with other donors. Community policy in the sphere of development
cooperation should be complementary to the policies pursued by the Member States.

(16)

The relevance and scope of Community assistance in promoting democracy and human rights calls
for the Commission to seek regular and frequent exchanges of information with the European
Parliament.

(17)

The Commission needs to consult representatives of civil society, as well as other donors and actors,
as early as appropriate in the programming process in order to facilitate their respective contributions
and to ensure that assistance activities are as complementary to each other as possible.

(18)

The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circum-
stances in order to enhance the credibility and effectiveness of its commitment to the promotion of
democracy and human rights in countries where such situations arise. This requires that
the
Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This
assistance management instrument corresponds to those included in the other external assistance
financing instruments.

(19)

The Community should also be able to respond in a flexible and timely manner to the specific needs
of human rights defenders by means of ad hoc measures which are not subject to calls for proposals.
Moreover, eligibility of entities which do not have legal personality under the applicable national law
is also possible under the conditions of the Financial Regulation.

(20)

This Regulation establishes a financial envelope for the period 2007-2013 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 (1).

(1) OJ C 139, 14.6.2006, p. 1.

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Official Journal of the European Union

C 317 E/189

Tuesday, 12 December 2006

(21)

(22)

(23)

(24)

Financial support needs to be secured for the European Inter-University Centre for Human Rights and
Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an
EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC
of the European Parliament and of the Council of 21 April 2004 establishing a Community action
programme to promote bodies active at European level and support specific activities in the field of
education and training (1), which served as the legal basis for funding.

European Union Election Observation Missions contribute significantly and successfully to democratic
processes in third countries (2). However, the promotion of democracy extends far beyond the elec-
toral process alone. Expenditure for EU Election Observation Missions should therefore not take up a
disproportionate amount of the total funding available under this Regulation.

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 (3).

In accordance with the principle of proportionality, it is necessary and appropriate for the achieve-
ment of the basic objectives of this Regulation to lay down rules on a European Instrument for
Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to
achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES AND SCOPE

Article 1

Objectives

1.
This Regulation establishes a European Instrument for Democracy and Human Rights under which the
Community shall provide assistance, within the framework of the Community's policy on development
cooperation, and economic, financial and technical cooperation with third countries, consistent with the
European Union's foreign policy as a whole, contributing to the development and consolidation of democ-
racy and the rule of law, and of respect for all human rights and fundamental freedoms.

2.

Such assistance shall aim in particular at

(a) enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in
the Universal Declaration of Human Rights and other international and regional human rights instru-
ments, and promoting and consolidating democracy and democratic reform in third countries, mainly
through support for civil society organisations, providing support and solidarity to human rights defen-
ders and victims of repression and abuse, and strengthening civil society active in the field of human
rights and democracy promotion;

(b) supporting and strengthening the international and regional framework for the protection, promotion
and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an
active role for civil society within these frameworks;

(c) building confidence in and enhancing the reliability of electoral processes, in particular through election
for local civil society organisations involved in these

observation missions, and through support
processes.

(1) OJ L 138, 30.4.2004, p. 31.
(2) Commission Communication of 11 April 2000 on EU Election Assistance and Observation.
(3) OJ L 184 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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Article 2

Scope

1.

Having regard to Articles 1 and 3, Community assistance shall relate to the following fields:

(a) promotion and enhancement of participatory and representative democracy,

including parliamentary
democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:

(i)

promoting freedom of association and assembly, unhindered movement of persons, freedom of
opinion and expression, including artistic and cultural expression, independent media, unimpeded
access to information, and measures to combat administrative obstacles to the exercise of these
freedoms, including the fight against censorship;

(ii)

strengthening the rule of law, promoting the independence of the judiciary, encouraging and evalu-
ating legal and institutional reforms, and promoting access to justice;

(iii) promoting and strengthening the International Criminal Court, ad hoc international criminal tribu-

nals and the processes of transitional justice and truth and reconciliation mechanisms;

(iv)

supporting reforms to achieve effective and transparent democratic accountability and oversight,
including that of the security and justice sectors, and encouraging measures against corruption;

(v) promoting political pluralism and democratic political representation, and encouraging political
participation by citizens, in particular marginalised groups, in democratic reform processes at local,
regional and national level;

(vi) promoting the equal participation of men and women in social, economic and political life, and
supporting equality of opportunity, and the participation and political representation of women;

(vii) supporting measures to facilitate the peaceful conciliation of group interests, including support for

confidence-building measures relating to human rights and democratisation;

(b) the promotion and protection of human rights and fundamental

freedoms, as proclaimed in the
Universal Declaration of Human rights and other international and regional instruments concerning
civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to
inter alia:

(i)

(ii)

(iii)

the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman
and degrading treatment or punishment, and the rehabilitation of victims of torture;

support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the
UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;

the fight against racism and xenophobia, and discrimination based on any ground including
sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or
any other opinion, membership of a national minority, property, birth, disability, age or sexual
orientation;

(iv)

the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic
groups;

(v)

the rights of women as proclaimed in the Convention on the Elimination of All Forms of
Discrimination against Women and its Optional Protocols, including measures to combat female
genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence
against women;

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(vi)

the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional
Protocols, including the fight against child labour, child trafficking and child prostitution, and the
recruitment and use of child soldiers;

(vii)

the rights of persons with disabilities;

(viii) the promotion of core labour standards and corporate social responsibility;

(ix)

(x)

education, training and monitoring in the area of human rights and democracy, and in the area
covered by paragraph 1(a)(vii);

support for local, regional, national or international civil society organisations involved in the pro-
tection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii);

(c)

the strengthening of the international framework for the protection of human rights, justice, the rule of
law and the promotion of democracy, in particular by

(i) providing support for international and regional instruments concerning human rights, justice, the

rule of law and democracy;

(ii)

fostering cooperation of civil society with international and regional intergovernmental organisa-
tions, and supporting civil society activities aimed at promoting and monitoring the implementation
of international and regional instruments concerning human rights,
justice, the rule of law and
democracy;

(iii) promoting observance of international humanitarian law;

(d) building confidence in and enhancing the reliability and transparency of democratic electoral processes,

in particular

(i)

through deployment of European Union Election Observation Missions;

(ii)

through other measures of monitoring electoral processes;

(iii) by contributing to developing electoral observation capacity of civil society organisations at regional
and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the
electoral process;

(iv) by supporting measures aimed at implementing recommendations of European Union Election

Observation Missions, in particular through civil society organisations.

2.
The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples,
rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of
vulnerable groups and accountability shall be taken into account whenever relevant by all assistance
measures referred to in this Regulation.

3.
The assistance measures referred to in this Regulation shall be implemented in the territory of third
countries or shall be directly related to situations arising in third countries, or shall be directly related to
global or regional actions.

Article 3

Complementarity and Coherence of Community Assistance

Community assistance under

this Regulation shall be consistent with the framework of

1.
the
Community's policy on development cooperation and with the European Union's foreign policy as a whole,
and complementary to that provided for under related Community instruments for external assistance and
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, on the other part. Complementary
Community assistance under this Regulation shall be provided to reinforce action under the related external
assistance instruments.

2.
The Commission shall ensure that measures adopted under this Regulation are consistent with the
Community's overall strategic policy framework and in particular with the objectives of the above instru-
ments, as well as with other relevant Community measures.

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3.
In order to enhance the effectiveness and consistency of Community and Member States assistance
measures, the Commission shall ensure close coordination between its own activities and those of the
Member States, both at decision-making level and on the ground. Coordination shall involve regular consul-
tations and frequent exchanges of relevant information, including with other donors, during the different
phases of the assistance cycle, in particular at field level.

4.

The Commission shall inform and have regular exchanges of views with the European Parliament.

The Commission shall seek regular exchanges of information with civil society, at all levels, including

5.
in third countries.

TITLE II

IMPLEMENTATION

Article 4

General framework for implementation

Community assistance under this Regulation shall be implemented through the following measures:

(a) Strategy Papers and revisions thereof as appropriate;

(b) Annual Action Programmes;

(c) Special Measures;

(d) Ad hoc Measures.

Article 5

Strategy Papers and Revisions

Strategy Papers shall set out

1.
this
Regulation, the Community's priorities, the international situation and the activities of the main partners.
They shall be consistent with the overall purpose, objectives, scope, and principles of this Regulation.

the Community's strategy for Community assistance under

2.
Strategy Papers shall set out the priority areas selected for financing by the Community, the specific
objectives, the expected results and the performance indicators. They shall also give the indicative financial
allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.

3.
Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the
procedure laid down in Article 17(2). They shall cover no more than the period of validity of this
Regulation. Strategy Papers shall be reviewed at mid-term, or ad hoc if necessary.

The Commission and Member States shall exchange information and consult each other, as well as
4.
other donors and actors including representatives of civil society, at an early stage of the programming
process in order to promote complementarity among their cooperation activities.

Article 6

Annual Action Programmes

Notwithstanding Article 7, the Commission shall adopt Annual Action Programmes based on the

1.
Strategy Papers and Revisions referred to in Article 5.

2.
Annual 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
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. Objectives shall be measurable and have time-bound benchmarks.

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3.
Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance
with the procedure laid down in Article 17(2). In cases where amendments to Annual Action Programmes
do not exceed 20 % of the global amount allocated to them, such amendments shall be adopted by the
Commission. It shall inform the Committee referred to in Article 17(1) thereof.

4.
In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally,
on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual
Action Programme under the same rules and procedures as for Annual Action Programmes.

Article 7

Special Measures

Notwithstanding Article 5, in the event of unforeseen and duly justified needs or exceptional circum-

1.
stances, the Commission may adopt Special Measures not covered in the Strategy Papers.

2.
Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the
management procedures and the total amount of financing. They shall contain a description of the opera-
tions to be financed, an indication of the amounts allocated for each operation and the indicative timetable
for their implementation. They shall include a definition of the type of performance indicators that will have
to be monitored when implementing the special measures.

3. Where the cost of such measures is equal to or exceeds 3 000 000 euro, the Commission shall adopt
them in accordance with the procedure laid down in Article 17(2).

4.
For Special Measures costing below 3 000 000 euro, the Commission shall send the measures to the
European Parliament and the Member States for information within 10 working days of adopting its
decision.

Article 8

Support measures

1.
Community financing under this Regulation may cover expenditure associated with the preparation,
follow-up, monitoring, audit and evaluation activities directly necessary for the implementation of this
Regulation and the achievement of its objectives, such as studies, meetings, information, awareness-raising,
training and publication activities,
including training and educational measures for partners from civil
society, expenditure associated with computer networks for the exchange of information, and any other
administrative or technical assistance expenditure necessary for the management of the programme. It may
also cover expenditure, where appropriate, for actions to highlight the Community character of the assis-
tance measures, and for activities to explain the objectives and results of assistance measures to the general
public in the countries concerned.

Community financing shall also cover expenditure at Commission delegations on the administrative

2.
support needed to manage operations financed under this Regulation.

The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in

3.
Article 5 in accordance with Article 7(3) and (4).

Article 9

Ad hoc Measures

Notwithstanding Article 5, the Commission may allocate small grants on an ad hoc basis to human

1.
rights defenders responding to urgent protection needs.

The Commission shall regularly inform the European Parliament and the Member States of the ad hoc

2.
measures carried out.

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Article 10

Eligibility

1. Without prejudice to Article 14, the following bodies and actors operating on an independent and
accountable basis shall be eligible for funding under this Regulation for the purposes of implementing the
assistance measures referred to in Articles 6, 7 and 9:

(a) civil society organisations, including non-governmental non-profit organisations and independent poli-
tical foundations, community based organisations, and private sector non-profit agencies, institutions
and organisations, and networks thereof at local, national, regional and international level;

(b) public sector non-profit agencies, institutions and organisations and networks at local, national, regional,

and international level;

(c) national, regional and international parliamentary bodies, when this is necessary to achieve the objec-
tives of this instrument and unless the proposed measure can be financed under a related Community
external assistance instrument;

(d)

international and regional inter-governmental organisations;

(e) natural persons when this is necessary to achieve the objectives of this Regulation.

Other bodies or actors not listed in paragraph 1 can be financed, exceptionally and in duly justified

2.
cases, provided this is necessary to achieve the objectives of this Regulation.

Article 11

Management Procedures

1.
The assistance measures financed under this Regulation shall be implemented in accordance with
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (1) and any revision thereof on a centralised basis or by
joint management with international organisations in accordance with Article 53(1) of that Regulation.

2.
In the event of co-financing and in other duly justified cases, the Commission may, in accordance with
Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in
particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation.

Article 12

Budget commitments

Budget commitments shall be made on the basis of decisions taken by the Commission in accordance

1.
with Articles 6, 7, 8 and 9.

2.

Community financing may take one of the following legal forms, inter alia:

(a) grant agreements, grant decisions or contribution agreements;

(b) agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002;

(c) procurement contracts;

(d) employment contracts.

Article 13

Types of financing

1.

Community financing may take the following forms:

(a) projects and programmes;

(b) grants to finance projects submitted by international and regional inter-governmental organisations as

referred to in Article 10(1)(d);

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

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(c) small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection

measures under Article 9(1);

(d) grants to support operating costs of the Office of the UN High Commissioner for Human Rights;

(e) grants to support operating costs of the European Inter-University Centre for Human Rights and
Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights
and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third coun-
tries, as well as other education, training and research activities promoting human rights and democrati-
sation;

(f) contributions to international funds, such as those managed by international or regional organisations;

(g) human and material resources for effective implementation of European Union Election Observation

Missions;

(h) public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002.

2. Measures financed under this Regulation are eligible for cofinancing from the following, in particular
from:

(a) Member States and their local authorities, and in particular their public and parastatal agencies;

(b) other donor countries, and in particular their public and parastatal agencies;

(c)

international and regional inter-governmental organisations;

(d) companies, firms, other private organisations and business, trade unions, trade union federations, and

other non-state actors.

In the case of parallel co-financing, the project or programme is to be split into a number of clearly
3.
identifiable components, which are each financed by different partners providing co-financing in such a way
that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of
the project or programme is to be shared between the partners providing the co-financing and resources are
pooled in such a way that it is not possible to identify the source of funding for any given activity under-
taken as part of the project or programme.

4.
In the case of joint co-financing, the Commission may receive and manage funds on behalf of the
bodies referred to in paragraph 2 (a), (b), and (c), for the purpose of implementing joint measures. Such
funds shall be dealt with as assigned revenue in accordance with Article 18 of Regulation (EC, Euratom)
No 1605/2002.

5.
In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of
public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of
Regulation (EC) No 1605/2002.

6.

Community assistance shall not be used for paying taxes, duties or charges in beneficiary countries.

Article 14

Rules of 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 persons who are nationals of or legal persons who are established in a Member State of
the Community, in an accession or official candidate country as recognised by the European Community or
in a Member State of the European Economic Area.

Participation in the award of procurement or grant contracts financed under this Regulation shall be open
to all natural persons who are nationals of or legal persons who are established in a developing country, as
specified by the Development Assistance Committee of the Organization for Economic Cooperation and
Development (OECD/DAC), in addition to natural or legal persons eligible by virtue of this Regulation. The
Commission shall publish and update the list of developing countries established by the OECD/DAC in
accordance with regular reviews of this list and inform the Council thereof.

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2.
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 who are established in any country
other than those referred to in paragraph 1, where 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 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 in accordance with the procedure laid down in
Article 17(2) and shall be in force for a minimum period of one year.

Participation in the award of grants and public contracts financed under this Regulation shall be open

3.
to international organisations.

The provisions of paragraphs 1, 2 and 3 are without prejudice to the participation of categories of

4.
eligible organisations by nature or by localization in regard to the objectives of the action to carry out.

Experts may be of any nationality. This is without prejudice to the qualitative and financial require-

5.
ments set out in the Community's procurement rules.

If measures financed under this Regulation are implemented on a centralised basis and indirectly by
6.
delegation to specialised Community bodies,
sector bodies, or
bodies governed by private law with a public service mission in accordance with Article 54(2)(c) of
Regulation (EC, Euratom) No 1605/2002, participation in the public procurement and grant award proce-
dures of the managing entity shall be open to natural persons who are nationals of the countries having
access to Community contracts and grants in accordance with the principles set out in paragraph 1 of this
Article, and of any other country eligible under the rules and procedures of the managing entity, and to
legal persons which are established in those countries.

international or national public

7. Whenever Community assistance covers an operation implemented through an international organisa-
tion, participation in the appropriate contractual procedures shall be open to all natural persons and legal
persons who are eligible pursuant to this Article, as well as to all natural persons and 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.

8. Whenever Community funding covers an operation co-financed with a third country, subject to reci-
procity, or with a regional organisation, or with a Member State, participation in the appropriate contractual
procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as
well as to all natural persons and legal persons who are eligible under the rules of such third country,
regional organisation or Member State. The same rules shall apply in respect of supplies, materials and
experts.

9.
All supplies and materials purchased under a contract financed under this Regulation must originate
from the Community or from an eligible country as defined in paragraphs 1 and 2. The term ‘origin’ for the
purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs
purposes.

10.
The Commission may, in duly substantiated cases, authorise the participation of natural and legal
persons either from countries having traditional economic, trade or geographical links with neighbouring
countries, or from other third countries, and the purchase and use of supplies and materials of different
origin.

11.
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 would make
the realisation of a project, a programme or an action impossible or exceedingly difficult.

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12.
Tenderers who have been awarded contracts shall respect internationally agreed core labour stan-
dards, such as the International Labour Organization's core labour standards, conventions on freedom of
association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimi-
nation in respect of employment and occupation, and the abolition of child labour.

Tuesday, 12 December 2006

Article 15

Protection of the financial interests of the Community

1.
Any agreement or contract resulting from the implementation of this Regulation shall contain provi-
sions 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
interests (1), Council
18 December 1995 on the protection of
Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspec-
tions carried out by the Commission in order to protect the European Communities' financial interests
against fraud and other irregularities (2), and Regulation (EC, Euratom) 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) (3).

the European Communities financial

Agreements and contracts shall expressly entitle the Commission and the Court of Auditors to
2.
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 (EC, Euratom) No 2185/96.

Article 16

Evaluation

The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness,
1.
coherence and consistency of programming, where appropriate by means of independent external evalua-
tions, in order to ascertain whether the objectives have been met and to enable it to formulate recommenda-
tions with a view to improving future operations. Proposals by the European Parliament or the Council for
independent external evaluations shall be taken into due account.

2.
The Commission shall send its evaluation reports to the Committee referred to in Article 17(1) and to
the European Parliament for information. Member States may request discussion of specific evaluations in
the Committee referred to in Article 17(1). The results shall feed back into programme design and resource
allocation.

3.
The Commission shall associate all stakeholders as appropriate in the evaluation phase of Community
assistance provided under this Regulation. Joint evaluations with Member States, international organisations
or other bodies shall be encouraged.

TITLE III

FINAL PROVISIONS

Article 17

Committee

The Commission shall be assisted by a Democracy and Human Rights Committee, hereinafter referred

1.
to as ‘the Committee’.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof. The period provided for in Article 4(3) of
Decision 1999/468/EC shall be 30 days.

3.

The Committee shall adopt its rules of procedure.

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

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Article 18
Annual Report

1.
The Commission shall examine progress achieved in implementing the assistance measures undertaken
pursuant to this Regulation and shall submit to the European Parliament and to the Council an annual
report on the implementation and results and, as far as possible, main outcomes and impacts of the assis-
tance. The report shall be an integral part of the Annual Report on European Community development
policy implementation and implementation of external assistance and of the EU Annual Report on Human
Rights.

2.
The annual report shall contain information relating to the previous year on the measures financed,
the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the imple-
mentation of budget commitments and payments, broken down according to global, regional, and country
measures, and fields of assistance.

It shall assess the results of assistance, using as far as possible specific and measurable indicators of its role
in meeting the objectives of this Regulation.

Article 19
Financial envelope

The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be
1 104 000 000 euro. Annual appropriations shall be authorised by the budgetary authority within the limits
of the Financial Framework 2007-2013.

Article 20
Review

Not later than 31 December 2010, the Commission shall submit to the European Parliament and to the
Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate,
a legislative proposal introducing the necessary modifications to this Regulation.

Article 21
Entry into force

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

It shall apply from 1 January 2007 until 31 December 2013.

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

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P6_TA(2006)0549

Prevention of injury and promotion of safety *

European Parliament legislative resolution on the proposal for a Council recommendation on
injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 —
the prevention of

2006/0106(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0329) (1),

— having regard to Article 152(4), second subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0238/2006),

— having regard to Rule 51 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 Women's Rights and Gender Equality (A6-0398/2006);

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;

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

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 2 a (new)

(2a) People over 65 years of age represent 16 % of the total
population in the EU, but suffer a disproportionate 40 % of
fatal injuries; thus the elderly run more than double the risk
of encountering a fatal accident, and long bone fractures are
the main cause of hospitalisation among the elderly.

Amendment 2

Recital 5 a (new)

(5a) Public health is affected by biological differences, the
environment, access
to information and socio-economic
conditions.

(1) Not yet published in OJ.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 5 b (new)

(5b) The gender perspective should be incorporated into all
areas,
including health policies. Steps should be taken
to carry out gender-based quantitative studies and to allocate
resources
gender-based
by
budgetisation.

principle

applying

the

of

Amendment 4

Recital 5 c (new)

(5c) Domestic violence against women is the main cause of
death and invalidity among women between the ages of 16
and 44.

Amendment 5

Recital 6

(6) The risk of an injury is unequally distributed in Member
States as well as in social groups. The risk of dying from an
injury is five times greater in the Member State with the
highest injury rate than in that with the lowest rate.

(6) The risk of an injury is unequally distributed in Member
States and varies according to environmental, working and
social conditions, age and gender. The risk of dying from an
injury is five times greater in the Member State with the
highest injury rate than in that with the lowest rate.

Amendment 6

Recital 7

(7)
In contrast to many other causes of illness or premature
death, injuries can be prevented by making our living environ-
ment, as well as products and services we use safer. There is
ample evidence of proven effectiveness in accident measures
that are still not widely applied throughout the Community.

(7)
In contrast to many other causes of illness or premature
death, injuries can be prevented by making our living environ-
ment, as well as products and services we use, safer and by
raising public awareness of the consequences of unsafe beha-
viour. Adopting a broader public health approach can also
significantly reduce the toll of injuries and violence. There is
ample evidence of proven effectiveness in accident measures
that are still not widely applied throughout the Community.

Amendment 7

Recital 8

(8) Most of these measures have been proven cost-effective,
because the benefits of prevention for health systems often
exceed by a factor of several times the costs of intervention.

(8) Most of these measures have been proven cost-effective,
in preserving the integrity and the lives of human beings,
because the benefits of prevention for both the private and the
public sector, especially for health systems, often exceed by a
factor of several
intervention. Beyond
healthcare and economic costs, the human cost and the real
cost paid by society should not be underestimated, as
economic and healthcare costs do not cover the repercussions
on victims' families and social support networks, or on
communities, workplaces and schools.

times the costs of

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Amendment 8

Recital 9

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

(9)
In spite of the fact that major advances have been made
in a number of areas of safety concern like traffic or the work-
place, there are other areas which are far less covered like
home, leisure and sport, accidents, and prevention for children
and elderly citizens.

(9)
In spite of the fact that major advances have been made
in a number of areas of safety concern like traffic or the work-
place, there are other areas which are far less covered like
home, leisure and sport, accidents, and prevention for children,
women and elderly citizens.

Amendment 9

Recital 9 a (new)

In spite of recent studies,

(9a)
injuries resulting from
domestic violence are still underrated as regards both the
physical and psychological damage caused and the financial
burden placed on health and welfare systems.

Amendment 10

Recital 9 b (new)

correlation
(9b) Consideration should be given to the
between the availability and consumption of alcohol and
drugs and the prevalence of injuries arising from acts of
violence or accidents, and in particular road-traffic accidents.

Amendment 11

Recital 10

(10)
It seems therefore necessary to develop a system of
injury surveillance and reporting which could ensure a coordi-
nated approach across Member States to develop and establish
national policies on prevention of injuries, including exchange
of best practice. Such a system will be developed under
Decision No 1786/2002/EC of the European Parliament and
of the Council of 23 September 2002 adopting a programme
of Community action in the
field of public health
(2003-2008) and any successor programmes, and will be
built on the basis of national injury surveillance and reporting
systems to be developed in a coherent and harmonized
manner.

(10)
It seems therefore necessary to develop a system of
injury surveillance and reporting which could ensure a coordi-
nated approach across Member States to develop and establish
national policies on prevention of injuries and on promotion
of safety, including exchange of best practice. Such a system
will be built on the basis of national injury surveillance and
reporting systems to be developed in a coherent and harmo-
nized manner.

Amendment 12

Recital 10 a (new)

(10a) The system of injury surveillance should incorporate
the existing programmes on injuries and the injury databases
and networks which have already been extensively funded by
the Commission. This action is absolutely necessary in order
to achieve synergies and to reduce costs by using the
mechanisms already in operation.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 13

Recital 10 b (new)

(10b)
If the existing injury surveillance and monitoring
systems prove to be unaffordable for some Member States, an
alternative system should be used, for example one relying on
more readily available Minimum Data Sets based on hospital
statistics.

Amendment 14

Recital 10 c (new)

(10c) To ensure that best practices are indeed serving the
needs and capacities of each and every country, institution
building and human resource development as well as research
should be supported, particularly in those countries with the
largest share of preventable injuries.

Amendment 15

Recital 11

(11)
In order to streamline the resources of the Community
Public Health Programme and to tackle injury prevention
most effectively seven priority areas have been identified: safety
of children and adolescents, safety of elderly citizens, safety of
vulnerable road users, prevention of sports injuries, prevention
of injuries caused by products and services, prevention of self
harm and prevention of violence. These priority areas have
been determined by taking account of the social
impact of
injuries in terms of the number and severity, the evidence
regarding the effectiveness of intervention actions and the feasi-
bility of successful implementation in the Member States.

(11)
In order to tackle injury prevention most effectively
eight priority areas have been identified: safety of children and
adolescents, safety of elderly citizens, safety of road users, in
particular those who are vulnerable, injury prevention and
safety at the workplace, prevention of sports and leisure inju-
ries, prevention of injuries caused by products and services,
prevention of self harm and prevention of violence, particu-
larly violence against women and children. These priority
areas have been determined by taking account of the social
impact of injuries in terms of the number and severity, the
evidence regarding the effectiveness of intervention actions and
the feasibility of successful
implementation in the Member
States.

Amendment 16

Recommendation to Member States, point 1

(1) Develop a national
injury surveillance and reporting
system, which provides comparable information, monitors the
evolution of injury risks and the effects of prevention measures
over time and assesses the needs for introducing additional
initiatives on product and service safety;

(1) Develop a national
injury surveillance and reporting
system that accesses other relevant databases, which provides
comparable information and a data breakdown by gender and
age, monitors the evolution of injury risks by focussing on
injury determinants, monitors
the effects of prevention
measures over time and assesses the needs for introducing
additional initiatives, firstly on product and service safety and,
secondly, on raising public awareness, paying particular
attention to vulnerable groups such as the young;

involving and
(1a) Develop multisectoral
local,
strengthening partnerships with stakeholders at
national and international level and providing coordination
and an integrated response to injury and insecurity;

cooperation,

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AMENDMENTS
BY PARLIAMENT

Amendment 17

Recommendation to Member States, point 2

co-operation

interdepartmental

(2) Set up national plans for preventing accidents and injuries
initiating
increasing
funding opportunities for campaigning actions, promoting
safety and implementing such national plans into practice, with
a particular attention to children, elderly people and vulnerable
road users, and with special regard to sports injuries, injuries
caused by products and services, violence and self-harm.

and

(2) Set up national plans for preventing accidents and injuries
initiating interdepartmental co-operation as well as collabora-
increasing funding opportunities for
tion with stakeholders,
campaigning actions, setting incentives for the promotion of
safety and implementing such national plans into practice, with
a particular attention to high risk groups such as children,
elderly people, the disabled, women and road users, and with
special regard to sports and leisure injuries, injuries caused by
female genital mutilation,
injuries caused by products and
services, violence, especially domestic violence against women
and children, and self-harm.

Amendment 18

Recommendation to Member States, point 2 a (new)

(2a) Carry out scientific studies, particularly on self-harm
and risk taking behaviour.

Amendment 19

Recommendation to Member States, point 2 b (new)

(2b) Pay particular attention to the social determinants that
provoke injuries and insecurity: the biggest difference in
injury, mortality and morbidity rates is between poorer and
wealthier countries, and between social classes within coun-
tries. The gap is growing, due to factors such as increased
income,
road traffic, worsening inequalities in terms of
higher unemployment, decreasing social support, market
liberalisation and increased availability of alcohol, and poor
regulatory and enforcement mechanisms. The unemployed,
ethnic minority groups, migrant workers,
refugees, and
disabled and homeless people are particularly at risk;

Amendment 20

Recommendation to Member States, point 2 c (new)

(2c) Take measures so that databases on good practice in
injury prevention are based on sound data taking into
account local circumstances, and are supported by research
that indicates the specific social, economic,
infrastructural
and cultural circumstances within which successful policies
are implemented;

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TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 21

Recommendation to Member States, point 3

(3) Ensure that

injury prevention and safety promotion is
introduced in a systematic way in vocational training of
health care professionals, so that these groups can serve as
competent advisors to their patients, clients and to the
public.

(3) Ensure that

injury prevention and safety promotion is
introduced in a systematic way by improving education
and vocational training of health care and other profes-
sionals, so that these groups can serve as competent advi-
sors to their patients, clients and to the public. Raise
public awareness on causes and consequences by high-
lighting the responsibilities of both individuals and
society as regards the prevention of injuries and the
promotion of safety.

Amendment 22

Recommendation to Member States, point 3 a (new)

(3a) Ensure that insurance companies that have access to
injury data provide all relevant data to the Member
the
States in order
mechanisms and places where accidents most frequently
occur and use this information to improve prevention.

to facilitate the definition of

Amendment 23

Recommendation to the Commission, point 1

(1) Support and give priority, within the framework of
the Community Public Health Programme and successor
programmes,
injury
surveillance system collecting injury data provided by the
Member States on the basis of their national injury surveil-
lance systems and make the information contained in the
database easily accessible to all stakeholders;

to establish a Community-wide

(1) Support and give priority to the establishment of a
Community-wide
system collecting
injury surveillance
injury data provided by the Member States on the basis of
their national
injury surveillance systems and make the
information contained in the database easily accessible to
all stakeholders;

Amendment 24

Recommendation to the Commission, point 1 a (new)

(1a) Submit a legislative proposal for the establishment of a
Community-wide injury surveillance system, for the
exchange of information on good practice and for the
dissemination of information, as referred to in point 1,
to the European Parliament and the Council in accord-
ance with Article 251 of the Treaty, including precise
details of financial implications;

Amendment 25

Recommendation to the Commission, point 2

(2) Establish

a Community-wide mechanism for

the
exchange of information on good practice and dissemi-
nate this information to relevant stakeholders;

deleted

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AMENDMENTS
BY PARLIAMENT

Amendment 26

Recommendation to the Commission, point 3 a (new)

(3a) Support through the Cohesion and Structural Funds
actions covering injury prevention and better and safer
infrastructure;

Amendment 27

Recommendation to the Commission, point 4

(4) Support the development of good practice and policy
actions in relation to the seven identified priority areas
using the resources provided for in the Community Public
Health Programme and successor programmes
the
general framework for financing Community actions in
support
Framework
policy
consumer
Programme for Research;

and

the

of

(4) Develop good practice and policy actions in relation to the
eight identified priority areas; to ensure that all future
programmes on the prevention of injury and the promo-
tion of safety take into account health inequalities,
bearing in mind that lack of access to social support,
poor community cohesion and social exclusion reduce
people's capacity to withstand social conflict without
resorting to violence, including self-harm;

Amendment 28

Recommendation to the Commission, point 5

(5) Carry out an evaluation report four years after the adop-
tion of this Recommendation to determine whether the
measures proposed are working effectively and to assess
the need for further actions.

(5) Carry out an evaluation report four years after the adop-
tion of this Recommendation to determine whether the
measures proposed are working effectively, to assess the
need for further actions and to conduct a gender impact
assessment of existing and future measures and actions.

P6_TA(2006)0550

A financing
high-income countries and territories *

instrument

for

cooperation with industrialised and other

European Parliament legislative resolution on the draft Council Regulation establishing a financing
instrument for cooperation with industrialised and other high-income countries and territories
(11877/2006 — C6-0265/2006 — 2006/0807(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the draft Council Regulation (11877/2006) (1),

— having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0265/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on International Trade (A6-0430/2006);

(1) Not yet published in OJ.

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1. Approves the Council draft as amended;

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

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

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

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

TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3

(3) The European Union and industrialised and other high
income countries and territories have agreed to strengthen
their relationship and to cooperate across the areas in which
they have shared interests through a variety of bilateral instru-
ments such as agreements, declarations, action plans and other
similar documents.

(3) The European Union and industrialised and other high
income countries and territories have agreed to strengthen
their relationship and to cooperate across the areas in which
they have shared interests through a variety of bilateral and
such as agreements, declarations,
multilateral
action plans and other similar documents.

instruments

Amendment 2

Recital 4

(4)
In accordance with the principles laid down in these
instruments, the Community implements a cooperation policy
aimed at creating an environment conducive to pursuing and
developing its relations with those countries and territories.
Cooperation activities help to create conditions likely to
strengthen the European presence and visibility in these coun-
tries and encourage economic, commercial, academic, cultural
and other exchanges and interaction between a diversified
range of actors on each side.

(4)
In accordance with the principles laid down in these
instruments, the Community implements a cooperation policy
aimed at creating an environment conducive to pursuing and
developing its relations with those countries and territories.
Cooperation activities should help to strengthen the European
presence and visibility in these countries and encourage
economic, commercial, academic, cultural and other exchanges,
dialogues and interaction between the appropriate actors in
the relevant sectors.

Amendment 3

Recital 4 a (new)

(4a) The Community's cooperation should contribute to the
general objective of developing and consolidating democracy
and the rule of law, and to the objective of respecting human
rights and fundamental freedoms.

Amendment 4

Recital 5 a (new)

(5a)
In order to achieve the objectives of this Regulation a
differentiated approach should be pursued depending on
economic, social and political contexts, pursuing cooperation
with partner countries or regions with specific, tailor-made
programmes, based on their specific situation as well as on
the Community's specific interests, strategies and priorities.

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Amendment 5

Recital 6 a (new)

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

(6a)
In implementing the Community's cooperation policy,
greater complementarity and better harmonisation, alignment
and coordination of procedures, both between the Community
and its Member States and in relations with other actors, are
essential to ensuring the consistency and effectiveness of
cooperation.

Amendment 6

Article 1, paragraph 1

1.
Community assistance shall support economic, financial
and technical cooperation and other forms of cooperation
falling within its sphere of competence, with industrialised and
other high-income countries and territories.

1.
Community financing shall support economic, financial
and technical cooperation and other forms of cooperation
falling within its sphere of competence, with the industrialised
and other high-income countries and territories listed in the
Annex.

Amendment 7

Article 1, paragraph 2

2.
The main aim of cooperation with these countries and
territories shall be to provide a specific response to the need to
strengthen links and to engage further with them on a bilateral,
regional or multilateral basis. The cooperation activities will
contribute to the creation of a more favourable environment
for the development of the relations of the Community with
these countries and territories and promote dialogue and
Community's strategic interests there.

countries

Community cooperation with partner

2.
is
pursued in accordance with Title XXI of the Treaty. The
primary objective of such cooperation with these countries
and territories shall be to provide a specific response to the
need to strengthen links and to engage further with them in
the areas listed in Article 4 on a bilateral, regional or multilat-
eral basis in order to create a more favourable and transparent
the
environment
Community with these countries and territories and promote
effective dialogue while fostering the Community's interests.

the development of

the relations of

for

Amendment 8

Article 2, paragraph 2

For the purpose of this Regulation,

2.
industrialised and
other high income countries and territories shall comprise
countries and territories listed in Annex I and are hereinafter
referred to as ‘partner countries’. However,
in duly justified
circumstances and in order to foster regional cooperation, the
Commission may decide when adopting action programmes
referred to in article 6 that countries not listed in Annex I are
eligible, where the project or programme to be implemented is
of regional or cross border nature. Provisions may be made for
this in the multi-annual cooperation programmes referred to in
Article 5. The Commission shall amend this List in accord-
ance with regular OECD/DAC reviews of its List of developing
countries and inform the Council thereof.

For the purpose of this Regulation,

2.
industrialised and
other high income countries and territories shall comprise
countries and territories listed in the Annex and are hereinafter
referred to as ‘partner countries’. However,
in duly justified
circumstances and in order to foster regional cooperation, the
Commission, with the prior approval of
the European
Parliament, may decide when adopting action programmes
referred to in article 6 that countries not listed in the Annex are
eligible, where the project or programme to be implemented is
of regional or cross border nature. Provisions may be made
for this in the multi-annual cooperation programmes referred
to in Article 5. Any amendment to the list in the Annex
resulting from the regular OECD/DAC reviews of its List of
developing countries shall be notified by the Commission
to the European Parliament and the Council before the
Commission adopts the required modifications.

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TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 9

Article 3, paragraph 1 a (new)

(1a)
The Community is founded on the values of democ-
racy, the rule of law, good governance, respect for human
rights, sustainable development and fundamental freedoms
and seeks to develop and consolidate a commitment to these
values in partner countries and regions through dialogue and
cooperation.

Amendment 10

Article 3, paragraph 1

1. Measures financed under this Regulation shall cover areas
of cooperation set out notably in the instruments, agreements,
declarations
and action plans, between the Community
and the partner countries as well as areas pertaining to the
Community's strategic interests.

1. Measures financed under this Regulation shall be consis-
tent with the cooperation objectives set out in the instruments,
agreements,
between
and
the Community and the partner countries and with the
Community's own interests.

declarations

action

plans,

Amendment 11

Article 3, paragraph 2

2. When implementing measures under this Regulation,
the Commission shall ensure that the cooperation projects
are legally and substantially coherent with other
relevant
Community policies.

2.
For all measures financed under, and all areas of coop-
eration covered by, this Regulation, the Community shall
ensure that cooperation is legally and substantially coherent
with the different areas of external action and other relevant
Community policies. Such coherence shall be ensured in
formulating policy, strategic planning and the programming
and implementation of measures.

Amendment 12

Article 3, paragraph 2 a (new)

2a.
In the implementation of this Regulation it is neces-
sary to pursue a differentiated approach depending on
economic, social and political contexts, pursuing cooperation
with partner countries or regions with specific, tailor-made
programmes, based on their specific situation as well as on
the Community's specific interests, strategies and priorities.

Amendment 13

Article 3, paragraph 2 b (new)

The Community and the Member States shall improve
2b.
coordination
policies,
complementarity
programmes and implementation of measures with partner
countries and regions.

their

and

of

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Amendment 14

Article 4, introductory part

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

shall

Community assistance
support cooperation actions
consistent with Article 1 and shall be consistent with the
overall purpose, scope, objectives and general principles of this
Regulation. Specific attention shall be paid to actions in the
following areas of cooperation:

support

Community financing shall
cooperation actions
consistent with Article 1 and shall be consistent with the
overall purpose, scope, objectives and general principles of this
Regulation. Community financing shall cover the following
types of activities:

Amendment 15

Article 4, point 1

(1) the promotion of cooperation, partnerships and joint
undertakings between economic, academic and scientific
actors in the Community and other partner countries;

(1) the promotion of cooperation, partnerships and joint
undertakings between economic, academic and scientific
actors, including small and medium-sized enterprises, in
the Community and other partner countries;

Amendment 16

Article 4, point 3

(3) the promotion of dialogues between political, economic
and social actors and other non-governmental organisa-
tions in relevant sectors in the Community and partner
countries;

(3) the promotion of dialogues between political, economic
and social actors including small and medium-sized enter-
prises and other non-governmental organisations in rele-
vant sectors in the Community and partner countries;

Amendment 17

Article 5, paragraph 1

1.
Actions to promote cooperation under this Regulation
shall be carried out in the framework of multi-annual coopera-
tion programmes covering cooperation in appropriate areas of
activity with all or with a selection of the partner countries.
The Commission shall draw-up the multi-annual cooperation
programmes and specify their scope.

1.
All actions to promote cooperation under this Regulation
shall be carried out in the framework of multi-annual coopera-
tion programmes covering cooperation in the appropriate
areas of activity referred to in Article 4 with all or with a
selection of
the partner countries. The Commission, after
consulting the European Parliament, shall draw-up the multi-
annual cooperation programmes and specify their scope.

Amendment 18

Article 5, paragraph 2

2.
Cooperation programmes shall cover no more than the
period of validity of this regulation. They shall set out the
Community's strategic interests and priorities, general objec-
tives and expected results. They shall set out also the areas
selected for financing by the Community and outline the indi-
cative financial allocation of funds, overall, per priority area
and per partner country or group of partner countries for the
period concerned. This may be given in the form of a range,
where appropriate. Cooperation programmes shall be reviewed
at mid-term, or ad hoc if necessary.

2. Multi-annual cooperation programmes shall cover no
more than the period of validity of this regulation. They shall
set out
the Community's strategic interests and priorities,
general objectives and results to be achieved. They shall set out
also the areas selected for financing by the Community and
outline the indicative financial allocation of funds, overall, per
priority area and per partner country or group of partner
countries for the period concerned. This may be given in the
form of a range, where appropriate. Multi-annual cooperation
programmes shall be reviewed at mid-term, at the request of
the European Parliament or ad hoc if necessary.

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TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 19

Article 5, paragraph 3

3.
Cooperation programmes and any reviews thereof shall
be adopted by the Commission in accordance with the
management procedure set out in Article 14(2).

3. Multi-annual cooperation programmes and any reviews
thereof shall be adopted by the Commission in accordance
with the management procedure set out in Article 14(2).

Amendment 20

Article 6, paragraph 3

The

shall be

action programmes

adopted by the
3.
Commission in accordance with the management procedure
set out in Article 14(2). This procedure needs not be used for
amendments to action programmes, such as those making
technical adjustments, extending the implementation period,
reassigning funds between the planned operations within the
forecast budget, or increasing or reducing the size of
the
budget by less than 20 % of the initial budget, provided these
amendments are consistent with the initial objectives set out in
the action programmes.

The annual action programmes shall be adopted by the
3.
Commission in accordance with the management procedure
set out in Article 14(2). This procedure needs not be used for
amendments to action programmes, such as those making
technical adjustments, extending the implementation period,
reassigning funds between the planned operations within the
forecast budget, or increasing or reducing the size of
the
budget by less than 20 % of the initial budget, provided these
amendments are consistent with the initial objectives set out in
the action programmes.

Amendment 21

Article 7, point 2

(2) Partner countries and their institutions and decentralised

(2) Partner countries and regions and their institutions and

bodies;

decentralised bodies;

Amendment 22

Article 9, paragraph 3

The Commission shall adopt

3.
covered by the multi-annual programmes and shall
Member States thereof.

support measures not
inform

The Commission shall adopt

3.
support measures not
covered by the multi-annual programmes and shall inform the
Member States and the European Parliament thereof.

Amendment 23

Article 10, paragraph 1, point a

(a) Member States, and in particular their public and parastatal

(a) Member States and their regional and local authorities,

agencies;

and in particular their public and parastatal agencies;

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AMENDMENTS
BY PARLIAMENT

Amendment 24

Article 11 a (new)

Article 11a

Protecting the Community's financial interests

Any agreements

resulting from this Regulation
(1)
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,
(EC, Euratom)
in accordance with Council Regulations
No 2988/95 of 18 December 1995 on the protection of
the European Communities
and
(Euratom, EC) No 2185/96 of 11 November 1996 concerning
on-the-spot
carried out by the
Commission in order to protect the European Communities'
financial interests against fraud and other irregularities (2),
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) (3).

checks and inspections

interests (1)

financial

(2)
Agreements shall expressly entitle the Commission and
the Court of Auditors to perform audits, including document
audits or on the spot audits of any contractor or subcon-
tractor 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.

All contracts resulting from the implementation of
(3)
assistance shall ensure the rights of the Commission and the
Court of Auditors under paragraph 2 during and after the
performance of the contracts.

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

Amendment 25

Article 12, paragraph 1

The Commission shall regularly evaluate the actions and
1.
programmes financed under this Regulation in order to ascer-
tain whether the objectives have been met and enable it to
formulate recommendations with a view to improving future
operations.

The Commission shall regularly evaluate the actions and
1.
programmes financed under this Regulation in order to ascer-
tain whether the degree of achievement of the objectives
originally set out,
the cost-effectiveness of the measures
financed by the Community and their impact have been satis-
formulate
factory. On this basis,
recommendations with a view to improving future operations.

the Commission shall

Amendment 26

Article 12, paragraph 1a (new)

1a.
The evaluation reports shall be carried out by means
of independent external evaluations where appropriate or at
the request of the European Parliament or the Council.

C 317 E/212

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 27

Article 12, paragraph 2a (new)

The Commission shall associate all relevant stake-
2a.
holders,
evaluation
phase of the Community cooperation provided for under this
Regulation.

including non-State actors,

in the

Amendment 28

Article 12, paragraph 2b (new)

A limited proportion of

2b.
be used to finance
and programmes undertaken in the framework of
Regulation.

the annual budget shall
the actions
this

evaluation studies of

Amendment 29

Article 13

The Commission shall examine the progress made on imple-
menting the measures taken under this Regulation and shall
submit every two years to the European Parliament and the
Council a report on the implementation of this Regulation.
The report shall set out the results of implementation of the
budget and present the actions and programmes financed.

The Commission shall examine the progress made on imple-
menting the measures taken under this Regulation and shall
submit every two years to the European Parliament and the
Council a detailed report on the implementation of
this
Regulation. The report shall set out the results of implementa-
tion of the budget and present all the actions and programmes
financed and, as far as possible, set out the main outcomes
and impacts of the cooperation actions and programmes.

Amendment 30

Article 14, paragraph 4

4.
The Commission shall regularly inform the European
Parliament of the Committee proceedings and provide the rele-
vant documents
and
summary records of the meetings.

agenda, draft measures

including

4.
The Commission shall regularly inform the European
Parliament of the Committee proceedings and provide the rele-
vant documents including agenda, draft measures and detailed
summary records of the meetings.

Amendment 31

Article 15

The amount of Community funding deemed necessary for the
implementation of the actions identified in this Regulation will
be established by the budget authority on an annual basis
within the limits of the financial perspectives.

The financial reference amount for the implementation of
this Regulation for the period from 2007 to 2013 shall be
172 million euro. The annual amount of Community funding
deemed necessary for the implementation of the actions identi-
fied in this Regulation will be established by the budget
authority on an annual basis within the limits of the financial
framework.

Amendment 32

Article 15 a (new)

Article 15a

Review

By 31 December 2010, the Commission shall submit to the
European Parliament and the Council a report evaluating the
implementation of this Regulation in the first three years
with, if appropriate, a legislative proposal introducing the
necessary modifications.

23.12.2006

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Official Journal of the European Union

C 317 E/213

Tuesday, 12 December 2006

P6_TA(2006)0551

Pharmaceutical active substances

Declaration of the European Parliament on pharmaceutical active substances

The European Parliament,

— having regard to Rule 116 of its Rules of Procedure,

A. whereas the high quality of pharmaceutical active substances is guaranteed by certification of conformity

with good manufacturing practice (GMP),

B. whereas some Community producers obtain such certificates under Article 111(5) of Directive
2001/83/EC (1) following inspection at the site of production, while producers outside the Community
may obtain them under Resolution AP-CSP(99)4 of the Council of Europe via self-certification with no
inspections being needed,

C. whereas the marketing of non-Community active substances is a matter of concern for the scientific

community in the EU, given the failure to meet safety standards,

D. whereas consumers are ensured higher safety standards if they know the origin of an active substance,

E. whereas the provisions concerning manufacturers of medicines and active substances in Article 111 of

the above-mentioned Directive are also directly applicable to importers,

Believes that both producers and importers of active substances should submit a GMP certificate deliv-

1.
ered by the European authorities following mandatory inspection at the site of production;

2.
Proposes to introduce a system for the traceability of the active substance, with an indication of its
origin (i.e. country, company, site of production), as a means of discouraging the re-labelling or re-packaging
of non-Community products in the interests of public health;

Instructs its President to forward this Declaration, together with the names of the signatories, to the

3.
Council, the Commission and the Parliaments of the Member States.

List of signatories

Adamou, Aita, Albertini, Alvaro, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arnaoutakis, Assis,
Atkins, Attwooll, Aubert, Audy, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badía
i Cutchet, Barón Crespo, Battilocchio, Batzeli, Bauer, Beazley, Becsey, Belet, Belohorská, Bennahmias, Berlato,
Berlinguer, Birutis, Blokland, Bobošíková, Bösch, Bonde, Bonsignore, Borghezio, Bossi, Bourlanges, Bourzai,
Bowis, Braghetto, Brejc, Breyer, Březina, Brie, Brunetta, Bushill-Matthews, Busk, Busquin, Buzek, Cabrnoch,
Calabuig Rull, Camre, Cappato, Carlotti, Carnero González, Casini, Castiglione, del Castillo Vera, Catania,
Cavada, Cederschiöld, Cercas, Chichester, Chiesa, Chmielewski, Claeys, Cocilovo, Coelho, Cohn-Bendit,
Cornillet, Correia, Costa, Cottigny, Coûteaux, Crowley, Czarnecki M., Daul, Davies, De Blasio, De Keyser,
Demetriou, De Michelis, Deprez, De Sarnez, Descamps, Dess, De Veyrac, Díaz De Mera García Consuegra,
Dičkutė, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Doorn, Doyle, Drčar Murko, Duka-Zólyomi,
Ebner, Estrela, Eurlings, Falbr, Fatuzzo, Fava, Fernandes, Fernández Martín, Figueiredo, Flasarová, Florenz,
Foglietta, Fontaine, Ford, Fraga Estévez, Frassoni, Freitas, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo,
García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Geremek,
Gill, Gklavakis, Glattfelder, Gobbo, Gottardi, Goudin, Grabowska, Grabowski, Graça Moura, Grässle,
de Grandes Pascual, Griesbeck, Gröner, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guidoni,
Gurmai, Gutiérrez-Cortines, Handzlik, Harbour, Hassi, Hatzidakis, Hennicot-Schoepges, Herranz García,
Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Isler Béguin, Iturgaiz Angulo, Járóka,
Jarzembowski, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Karas, Karatzaferis, Kasoulides,
Kauppi, Kelam, Klamt, Klass, Klinz, Kósáné Kovács, Kratsa-Tsagaropoulou, Krupa, Kułakowski, Kušķis,
Kusstatscher, Kużmiuk, Lamassoure, Landsbergis, Laperrouze, La Russa, Lavarra, Le Foll, Lehideux, Leinen,

(1) 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). Directive last amended by Directive
2004/27/EC (OJ L 136, 30.4.2004, p. 34).

C 317 E/214

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Official Journal of the European Union

23.12.2006

Tuesday, 12 December 2006

Le Pen J.-M., Le Pen M., Le Rachinel, Liberadzki, Lichtenberger, Lienemann, Liese, Locatelli, Lombardo,
López-Istúriz White, Losco, Louis, Lulling, Lynne, McMillan-Scott, Manders, Mann T., Mantovani, Marques,
Martens, Martin D., Martinez, Masiel, Masip Hidalgo, Maštálka, Mathieu, Mato Adrover, Matsakis, Matsis,
Mauro, Mavrommatis, Mayor Oreja, Meijer, Méndez de Vigo, Menéndez del Valle, Miguélez Ramos,
Mikolášik, Millán Mon, Mitchell, Montoro Romero, Morgantini, Morillon, Musacchio, Muscardini, Musotto,
Mussolini, Musumeci, Napoletano, Nassauer, Navarro, Niebler, van Nistelrooij, Novak, Obiols i Germà,
Occhetto, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir,
Panayotopoulos-Cassiotou, Pannella, Panzeri, Papastamkos, Parish, Patriciello, Patrie, Peterle, Pieper, Pinheiro,
Pirilli, Pirker, Pistelli, Pittella, Pleštinská, Podestà, Podkański, Poli Bortone, Pomés Ruiz, Posselt, Prets, Prodi,
Purvis, Queiró, Quisthoudt-Rowohl, Remek, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Rivera, Rizzo,
Rogalski, Roithová, Romagnoli, Romeva i Rueda, Roure, Rudi Ubeda, Rübig, Rutowicz, Ryan, Sacconi, Saïfi,
Sakalas, Salafranca Sánchez-Neyra, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos,
Sartori, Saryusz-Wolski, Sbarbati, Schenardi, Schierhuber, Schwab, Seeber, Sifunakis, Silva Peneda, Sinnott,
Škottová, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Speroni, Staes, Staniszewska, Sterckx, Stevenson,
Stubb, Sturdy, Sudre, Surján, Susta, Svensson, Swoboda, Szájer, Szymański, Tajani, Tannock, Tarabella,
Tatarella, Thyssen, Toia, Tomczak, Toubon, Trakatellis, Triantaphyllides, Tzampazi, Ulmer, Vakalis, Van Hecke,
Van Lancker, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Veraldi, Vernola, Vidal-Quadras
Roca, Vincenzi, Vlasto, Weisgerber, Willmott, Wojciechowski B., Wojciechowski
J., Wortmann-Kool,
Záborská, Zaleski, Zani, Zappala', Zatloukal, Zingaretti, Zvěřina, Zwiefka